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HomeMy WebLinkAbout07-2084PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 152829 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUIVIMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o1- -Wapy elu-ITom. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152829 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152829 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 152829 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 152829 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. HUMMEL CHRISTINE M. HUM M EL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PENN WEST HOME EQUITY SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1972, Page: 1526. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 152829 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $204,890.90 Interest $6,797.63 12/01/2006 through 04/12/2007 (Per Diem $51.11) Attorney's Fees $1,250.00 Cumulative Late Charges $250.20 10/31/2006 to 04/12/2007 Cost of Suit and Title Search 550.00 Subtotal $213,738.73 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $213,738.73 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 152829 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 152829 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $213,738.73, together with interest from 04/12/2007 at the rate of $51.11 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP e/'yA,,,?;? ' By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152829 LEGAL DESCRIPTION All that certain property situated in the South Middleton Township, in the County of Cumberland and Commonwealth of Pennsylvania, being described as follows: Being bounded and more fully described in a Deed dated July 30, 1993, and recorded August 3, 1993, among the land records of the county and the state set forth above, in Book L36, Page 252. PROPERTY BEING: 21 PINE STREET File #: 152829 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. kit", FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff L.. DATE: `V \^V y/ V C? °o w ;7L) --4- n r' C 2?. C-0 0 -n f 7l ? COD PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). CIVIL DIVISION NO. 07-2084-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KEITH A. HUMMEL and CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/13/07 to 6/26/07 TOTAL $213,738.73 $3,833.25 $217,571.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 152829 AU (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: Ad J_ If 4 If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. : CIVIL DIVISION CUMBERLAND COUNTY KEITH A. HUMMEL CHRISTINE M. HUMMEL :NO. 07-2084-CIVIL TERM A/K/A CHRISTINE MELLOTT Defendants TO: CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERSPA17324 F if L 6 L 'I I I , E,:- C, ? 1, Y DATE OF NOTICE: JUNE 6, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP r1 ~ By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY KEITH A. HUMMEL CHRISTINE M.14UMMEL : NO. 07-2084-CIVIL TERM A/K/A CHRISTINE MELLOTT Defendants TO: KEITH A. HUMMEL FILE HWY 230 GOODYEAR ROAD GARDNERS, PA 17324 DATE OF NOTICE: JUNE 6.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN:DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KEITH A. HUMMEL is over 18 years of age and resides at, 230 GOODYEAR ROAD, GARDNERS, PA 17324. (c) that defendant CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT is over 18 years of age, and resides at, 230 GOODYEAR ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff co 7D N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From KEITH A. HUMMEL, CHRISTINE M. HUMMEL a/k/a CHRISTINE MELLOTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $217,571.98 L.L. $.50 Interest from 6/26/07 to 12/05/07 (per diem - $35.77) - $5,794.74 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $254.15 Other Costs $2,596.50 Plaintiff Paid Date: 07-05-07 (8 'Ct?irtis R. Long, ProthonotaQ (Seal) By: DeputyREQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). No. 07-2084-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $217,571.98 Add'1 cost $2,596.50 Interest from 6/26/07 to DECEMBER 5, 2007 $5,794.74 and Costs (per diem -$35.77) TOTAL $225,963.22 DANIEL G. SCHMIEG, ESQUIRE k3 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 152829 7 W ? O? a vz pW.l r W O OU pHG A U Z` U 09 H O a ?U d d ? O ? d W a U 4S $ o ' H U _ W ? w ?? O d H o ?w op as W O U a N dd a,, a WW dd T aA N Qo ? M M N d N' N t 00 V1 1 1 , ` ..a a cW a ? Y t, i DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-1111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. PHELAN HALLINAN AND SCHWEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 CHRISTINE SCHOFFLER Sale Department, Ext.1286 June 26, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: WELLS FARGO BANK, N.A. Vs. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT NO. 07-2084-CIVIL TERM Action in Mortgage Foreclosure Premises: 21 PINE STREET CARLISLE, PA 17013 Dear Sir/Madam: I would appreciate your issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for DECEMBER 5, 2007. All of the necessary documents are enclosed, together with my check to your order in the amount of $15.00, and the check to the order of the Sheriff in the amount of $1,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, 9R?STINE SCHOFFLER PHELAN HALLINAN AND SCHMIEG, L.L.P. CQS Enclosures WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS KEITH A. HUMMEL CIVIL DIVISION CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT NO. 07-2084-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,21 PINE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 230 GOODYEAR ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 PINE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ANIEL G. SCHMIEG, ESQUIiff Attorney for Plaintiff Ir WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). CUMBERLAND COUNTY No. 07-2084-CIVIL TERM June 26, 2007 TO: KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324 CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 21 PINE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $217,571.98 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. -? You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-1111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/3011993, recorded 08/03/1993, in Deed Book 36L, page 252. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02084 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS HUMMEL KEITH A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HUMMEL KEITH A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT HUMMEL KEITH A 21 PINE STREET I , NOT FOUND , as to CARLISLE, PA 17013 21 PINE STREET APPEARS TO BE VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge &/6 ylo 7 So answers 18.00 r' 4.80 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 37.80 PHELAN HALLINAN SCHMIEG 05/29/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02084 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS HUMMEL KEITH A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HUMMEL CHRISTINE M AKA CHRISTINE MELLOTT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT CHRISTINE MELLOTT 21 PINE STREET NOT FOUND , as to HUMMEL CHRISTINE M AKA CARLISLE, PA 17013 21 PINE STREET APPEARS TO BE VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 L'Dy'? 1 c? 21.00 So answers_ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 05/29/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS HUMMEL KEITH A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HUMMEL KEITH A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 29th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers --~ -?,?- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Adams County 34.00 Sheriff of Cumberland County Postage 1.35 6 0 . 3 5 4?DY/o7 05/29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS HUMMEL KEITH A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HUMMEL CHRISTINE M AKA CHRISTINE MELLOTT but was unable to locate Her deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 29th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answer --' ==' Y=om'' Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- 16.00 ? 4/e tia ? 05/29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland) County, Pennsylvania Wells Fargo Bank NA vs. Keith A. Hummel at al SERVE: Keith A. Hummel No 07-2084 civil No. Now, April 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adorns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 19 , 20 07---, at 8:23 o'clock P. M. served the within Complaint in Mortgage FOreclosure upon Keith A. Hummel at 230 Goodyear Road, Gardners, PA 17324 by handing to Keith A. Hummel a true and attested copy of the original Complaint in Mortgage Foreclosurl and made known to Keitb A. Hummel the contents thereof. So answers WA-94 W . of Adams Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE - MILEAGE _ AFFIDAVIT Kevin Miller County, PA $ 24.00 10.00 $ 34.00 Pd. 4/24/07 'UNIA03 swvov AANIHS b A 1 `d 81 80 t001 In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank NA VS. Keith A. Hummel et al SERVE: Christine M. Hummel No. 07-2084 civil a/k/a Christine Mellott Now, April 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adorns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 19 , 20 07 , at 8: 23 o'clock P. M. served the within Complaint in Mortgage Foreclosure upon Christine M. Hummel at 230 Goodyear Road, Gardners, PA 17324 by handing to Keitb A. Hummel a true and attested copy of the original Complaint in Mortgage Foreclosur and made known to Keith A. Hummel the contents thereof. So answers, _.,/ , / --- i,( Kevin Miller Q ^v?,AA LAj - ' 1 riff of Adams County, PA COSTS Sworn and subscribed before SERVICE $ me this day of N/A , 20 MILEAGE AFFIDAVIT $ Included cn Another Return JUNAa0 SWVOV 4jl??Hs 8? -.11 V 8 1 M LOOT PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff vs. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 07-2084 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 13, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A» 2. Judgment was entered on June 28, 2007 in the amount of $217,571.98. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $204,890.90 Interest Through 12/05/07 18,952.27 Per Diem $51.22 Late Charges 250.20 Legal fees 1,675.00 Cost of Suit and Title 1,649.00 Sheriffs Sale Costs 0.00 Property Inspections 1,692.50 Appraisal/Brokers Price Opinioin 95.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 864.56 TOTAL $230,069.43 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 25, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: U '1 By Attorney for Plaintiff Phelan Hallinan & Sc ieg, LLP l ichele . Bradfor , s ire PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff vs. Keith A. Hummel Civil Division Cumberland County : No. 07-2084 CIVIL TERM Christine M. Hummel A/K/A Christine Mellott Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 21 Pine Street, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: P 1' n ieg, LLP By ichele M. Bradfor squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 152829 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff KEITH A. HUMM[EL CHRISTINE M. HUNIl4IEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 Defendants ? rv :TJ rra ATTORNEY FOR PLAINTIM -` COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0.7 _ --2001) 1. Iv t Liu-w? CUMBERLAND COUNTY AT7'ORNLY FILE Copy PLEASF fit,:-TtIRN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE seamy , O ?- rld?[[KM,+?? Fv?? o 4\9 File #: 152829 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152929 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS Filc M 152829 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 152829 I . Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. HUMMEL CHRISTINE M. HUMIVIEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PENN WEST HOME EQUITY SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1972, Page: 1526. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 152829 The mortgage is in default because monthly payments of principal and interest upon said 6 mortgage due 01/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $204,890.90 Interest $6,797.63 12/01/2006 through 04/12/2007 (Per Diem $51.11) Attorney's Fees $1,250.00 Cumulative Late Charges $250.20 10/31/2006 to 04/12/2007 Cost of Suit and Title Search 550.00 Subtotal $213,738.73 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $213,738.73 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File k 152829 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 152829 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $213,738.73, together with interest from 04/12/2007 at the rate of $51.11 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152829 LEGAL DESCRIPTION All that certain property situated in the South Middleton Township, in the County of Cumberland and Commonwealth of Pennsylvania, being described as follows: Being bounded and more fully described in a Deed dated July 30, 1993, and recorded August 3, 1993, among the land records of the county and the state set forth above, in Book L36, Page 252. PROPERTY BEING: 21 PINE STREET File #: 152829 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa_ R. C. P. 1,024 (c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: - t ? I . -O1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62203 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. KEITH A. AfWA 1 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-20 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE I ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Answer to Plaintiff s Co nt within 20 days from service th mortgaged premises 49less Plaintiff s damages as follows: As 4/13/07 to 6/26/07 R1 NM co J Maint(s) for failure Id file an and for Foreclosure and Sale of the $213,738.73 $3,833.25 $217,571.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2).that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff AUZ SSED ES ARE IT DAMAG DATE: PRO PROTHY 152829 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 25, 2007 Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 230 Goodyear Road Gardners, PA 17324-9307 RE: Wells Fargo Bank, N.A. vs. Keith A. Hummel and Christine M. Hummel A/K/A Christine Mellott Premises Address: 21 Pine Street, Carlisle, PA 17013 Cumberland County CCP, No. 07-2084 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 1, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ce %rad Mich lquire ForPhelan Hallinan & Schmieg, LLP Enclosure 0 0 Y C7 x U z a Q a a 0 Y U a oa ? L C y ? c b zd0 N CyU•? U G O G w 5wv 0 A 6 °? ON as _E w ' h + U E0 Ls 3000dlz woa3 (131IVn iat C - L OOZ sZ d3s O LOS LZb000 . { - Z V ?° 0 0 N . zo $ VI L z o as ti ---- p 53MOS 631lttld 0 A ob ;'?„ bl1 Z O ? y ,[?,,? ? y Gr ? x E v° Y?"x u d w 0 r3?o 0 0 y sG3 0.4 0 N V 9 O - o u? O oon$=E ? FF?'-+'' 5 W C?iI ,EW O O O ? a fll F-I N o=Eb L? • ?_ C O F P ; Ct.? O W x xN t1+ `?" 'Ci Cf) G a u + Q y 1 n ? M p" 10 a. LU a? b o 4.4 0 ? N a N Z N N U 4, x a n om z =' N Q? C C-4 r- 100 O N to ? ? o.? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Brad r squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 21 Pine Street Carlisle, PA 17013 DATE: Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 230 Goodyear Road Gardners, PA 17324-9307 he a i S ieg, LLP CBy Michele M. Bradford, squire Attorney for Plaintiff ?_, ,..? ?_ ? ?_ t-,'? --+ - i :? _, _, :a.;.? r.. :. ._ ?, OCT 0 5TD01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff vs. Keith A. Hummel Christine M. Hummel A/KJA Christine Mellott Defendants : Court of Common Pleas Civil Division : Cumberland County No. 07-2084 CIVIL TERM RULE AND NOW, this day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on t# a°Q-f ;ZQ07, Rte-- --= in +he-Maia Coil BY THE COURT J. Michele M. Bradford, Esquire ,,,Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 mi the le. bradfordCafedphe.com eith A. Hummel Christine M. Hummel A/K/A Christine 21 Pine Street Carlisle, PA 17013 S eith A. Hummel Christine M. Hummel A/K/A Christine Mellot 230 Goodyear Road Gardners, PA 17324-9307 152829 ViNVA-IA NN3d Z ? =01 WV 0 1130 LOOZ XWONCk .C dd 3H1 dfl 301::L40-091H PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff VS. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants : Civil Division : Cumberland County : No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 5, 2007 was sent to the following individual on the date indicated below. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 21 Pine Street Carlisle, PA 17013 DATE: Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 230 Goodyear Road Gardners, PA 17324-9307 Phelan Hallin Schmieg, LLP By Michele M. Bradford, Esquire Attorney for Plaintiff C") ? Q - Fr- rQ --b "; AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) KEITH A. HUMMEL CHRISTINE M. HUMMEL, A4I A CHRISTINE MELLOTT SERVE KEITH A. HUMN EL AT 230 GOODYEAR ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 07-2084-CIVIL TERM ACCT. #152829 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVER, // .74 Served and made known to A/ff.2< AA- ff!Z c/ , Defendant, on the (7 day of U` 2007 at 7.'6, o'clock Lm., at Aso ?saa,1? P "el Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s'company. Other: Description: Ag/erSV ? i Height -s VIU Weight 10 Race 411 Sex ^ Other I, -- 4 Z?I47..L , a competent adult, being duly sworn according to law, d5 pose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, iss in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 77 da -, ,? of VMAW Notary: i03112009 SIONWpiRES PLEAS SE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED NOT SERVED On the day of . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant lst Attempt: 7 / / v / n Time: -/ : z.i 2np Attempt: '710107 Time: 7: L o A'- 3rd Attempt: 7 / e- Z I Time: I :,? fk Sworn to and subscribed before me this day of .200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Z C-1 ? °? ? C? ._._s „= ? ? ; ? .' ?'? -' ....a 1? ?? F? . -. ?} ` ? , J _ ? ? ` ? ' L'+ ? ? ' } } ?_LI ti AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) KEITH A. HUMMEL CHRISTINE M. HUM1VIlJL, Al" CHRISTINE MELLOTT SERVE CHRISTINE M. HUMMEL, A/KIA CHRISTINE MELLOTT AT 230 GOODYEAR ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 07-2084-CIVIL TERM ACCT. #162829 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2007 SERVED C? 1 Served and made known to Defendant, on the c9 7 day of -j J` _Z 7 ,200 at --If , o'clock /o.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. r/ Adult family member with whom Defendant(s) reside(s). Nhame and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) re?ide(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age-fJ Height S`(D Weight /W-0 Race _C,_ Sex 0- Other 141eti , a competent adult, being duly worn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ibed / before me this Z? of Vl 2 STEMV Notary: COMA MISSION NKPIRES 0311 2009 PL EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TEVVIES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200_, at o'Iclock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: 7 / ,1- l o 7 Time: :zi' w Zlnd Attempt: 7/ i S to > Time: -7-'401'- 3rd Attempt: 7/ z-2 lo-7 Time: /-' YD, -- Sworn to and subscribed before me this day of . 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 (Z 2 -rtt ? ? ? ? -?-x ?., -t '?t «.; . ? ?- ? s ?? . ,f .??? fir- t ?, `° (-Y- _? ? .? ? _ -C ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CHRISTINE M. HUMMEL, A/K/A CHRISTINE NO. 07-2084-CIVIL TERM MELLOTT Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 9.1 PINE STREIT, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P .a 15ANIEL G. SCHMIEG QUIRE Attorney for Plaintiff Date: Octaher 24, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the lain i ff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 152829 w ?a «ti©o ogo. W $ Q?oStW ??? 7 O. U w N 0 m w ?o t-. r W O ? A w ? A:A P64 w vo t a a ? All, r °v ?s x? o r- r o t C, ,? .31 PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire, ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 WELLS FARGO BANK, N.A. vs. Attorney for Plaintiff 152829 COURT OF COMMON PLEAS CIVIL DIVISION KEITH A. HUMMEL CUMBERLAND COUNTY CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT No.: PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: c Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. October 24- 2007 Date O d DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff .- ... DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 RECORD OWNER i TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. N 15 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff vs. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 07-2084 CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 5, 2007 in the above referenced action. Date Mi he e . Bra fo squire Attorney for Plaintiff I V% PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-2084 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 21 Pine Street Carlisle, PA 17013 i Da Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott 230 Goodyear Road Gardners, PA 17324-9307 aicele MNA Brad , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400? Philadelphia, PA 19103-1814 (1.5) 563-7000 Wells Fargo Bank, N.A. p Plaintiff vs. Keith A. Hummel Christine M. Hummel A/K/A Christine Mellott Defendants PRAECLEF TO THE PROTHONOTARY' : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2084 CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 5, 2007 in the above referenced action. Date Mi he e . Bra fo squire a Attorney for Plaintiff D 0 1 kr-, --< Wells Fargo Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Keith A. Hummel and Christine M. Hummel Writ No. 2007-2084 Civil Term a/k/a Christine Mellott R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Adams County Return: And now, this 1 st day of November 2007 after due and diligent search I do hereby return the within Real Estate Writ, Notice of Sheriff Sale and Description as NOT FOUND, as to the defendants, Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott. Defendants moved to 39 Brian Drive, Carlisle, Cumberland County, Pennsylvania. So answers: James Muller, Sheriff of Adams County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2007 at 1432 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott located at 21 Pine Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law states this writ is returned STAYED per letter of request from Attorney Schmeig. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Out of County Adams County Law Journal Patriot News Share of Bills 30.00 17.68 15.00 15.00 .50 2.00 4.80 15.00 30.00 9.00 29.00 383.00 335.72 14.92 $901.62 ?la1io/a 7 (-;? R. Thomas Kline, Sheriff BY,b&I S Real Estate Sergeant s? & W D l S` O 6. ' WELLS FARGO BANK, N.A. Plaintiff, , v. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,21 PINE S'T'REET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 230 GOODYEAR ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ^? A 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 PINE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 DATE A?;DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff I., WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). TO: KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324 June 26, 2007 CUMBERLAND COUNTY No. 07-2084-CIVIL TERM CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 21 PINE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $217,571,98 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-1111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From KEITH A. HUMMEL, CHRISTINE M. HUMMEL a/k/a CHRISTINE MELLOTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $217,571.98 L.L. $.50 Interest from 6/26/07 to 12/05/07 (per diem - $35.77) -- $5,794.74 and Costs Atty's Comm % Atty Paid $254.15 Plaintiff Paid Date: 07-05-07 (Seal) Due Prothy $2.00 Other Costs $2,596.50 L51 " R . C is R. Long, Pr'otthonpot By: Li"" K • ,,? T ? DeputyREQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 uy?8yay?l2jos a sa Wall (vii ?l f :fg LOOZ `Z Isn,2nV :a1"Q •ujaiaq paltiodiooui aouajopi situ Kq pule ilim std ql!m pajU liq!gxa uo paq!josop fiTini NOW `aisil ieD `'IS ouid t Z st pa zaquznu put umouX Vd l f4unoD pueijaquxnD `dtiisunnoZ uolaipp!W TnoS ut pajuMis Avadoid iuaz OT ui IsaaNui s,luupuWjp zqj uodn patnai jjiaauS OT LOOZ `Z IsanV up LO # aitS OW15H ita'd Z :ZI 1 ?`?? UU The Patriot-News Co. . *812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY P f tl a Qkd0*0 !L L'MYInMr? a 4 0 4 ALL =4 CWW ow of-l -1 :>iMa 7 itrrii?oe '1 tea A ?a ,aid + ft4ace Of 2pt Lxl to ipaat udeamm Xof*MWorft"If9dl it A.tfoolgr ad vift 600oe X432 51.mirrs W as. a i wn of 175 ho N Ind Dodd * food This ad ran on the date(s) shown below: Sworn to and sk?ribecj?Z re me this 30 day of November, 2007 A.D. Z Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Clads, Notary Public My Comm 22 008 Member, Penru Avenla Apsoalatlon of Noterles 10/24/07 10/31/07 11/07/07 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 7 Writ No. 2007-2084 Civil Wells Fargo Bank, N.A. vs. Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of _ Daniel A Lis Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 • PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). No. 07-2084-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $217,571.98 Add'I cost $6,047.50 Interest from 6/26/07 to DECEMBER 10, 2008 $19,060.08 and Costs (per diem -$35.76) TOTAL $ 242,679.56 DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban S on 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or 152829 d W ? o d W? x V ? Wo o U ?A 0 V W w N ? 7 d H W W a x U 0 U W ? w o R+ W 00 w V a C7 e! 'd' N ? M ? d d ?W W? A Q ,-, p p. p4 a ? M M c? i <C -ER- .? O O C ` ?-y w".." k G-nc+avs? i - DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, . A/K/A CHRISTINE MELLOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff 9A C-D 1.- WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 21 PINE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Last Known Address (if address cannot be reasonably ascertained, please indicate) 230 GOODYEAR ROAD GARDNERS, PA 17324 230 GOODYEAR ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 PINE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to IEL alsification to authorities. n , June 9, 2008 DATE G. SCHMIEG, ESQ Attorney for Plaintiff r-a Q 7 1 - - =r r ?? t,%R . - Q ?qL a e WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). TO: KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324 June 9, 2008 CUMBERLAND COUNTY No. 07-2084-CIVIL TERM CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 21 PINE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $217,571.98 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I/ DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as 'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From KEITH A. HUMMEL, CHRISTINE M. HUMMEL a/k/a CHRISTINE MELLOTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $217,571.98 L.L. Interest from 6/26/07 to 12/10/08 (per diem - $35.76) - $19,060.08 and Costs Atty's Comm % Atty Paid $1,177.27 Plaintiff Paid Date: 6/10/08 (Seal) Due Prothy $2.00 Other Costs $6,047.50 P othonota 14 By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE . CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. / No. 07-2084-CIVIL TERM DEFENDANT(S) KEITH A. HUMMEL CHRISTINE M. HUMMEL, AIK/A ACCT. #152829 CHRISTINE MELLOTT Type of Action SERVE CHRISTINE M. HUMMEL, A/K/A CHRISTINE - Notice of Sheriffs Sale MELLOTT AT 21 PINE STREET Sale Date: DECEMBER 10, 2008 CARLISLE, PA 17013 SERVED Served and made known to ` (S71N &&*&L, Defendant, on the (S? day of \-r4 Ly, 200J5, at '. 6Z ,o'clock ?.m., at?3 :t 1?1 Q Vl Oi b r , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is VE 't&S&NA Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: _ Description: Age Height Weight n Race W Sex /4A Other I, -.0IVAi P 0 L L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ?fE s VI{e.?}nt? . ?N v ?STI bA°l? a? D c;ze c.®s? ? 'r'I?I.?T ? E.FF-N D ?'?'' ? Sworn to and subscribed 54. before me this day c u p'p-E%N my Alr-6 1 ASS @ 3;, F-41 P-F I a LA r I c4g-L ( SIr Ft P 7-? % of 200_. Notary: By: PRASE ATTEM T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED OrtI(eCOMM13S1J? EFIRES 1012512012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant ISt Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Sehmieg, Esquire I.D. No. 62205 Z C"? ?? ?? ? ?r? ' w ?? ?°"" f'"i"A c ? i° T. ? 1 w 'j i?s ",'? ? . ?...,. } 1 a _ ? _ }i y ? _"' .,,..y .. ,7? C.?3 ? `, ...,3 . AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT SERVE KEITH A. HUMMEL AT 21 PINE STREET CARLISLE, PA 17013 SERVED 7r' -rW 6 61.) 4-n F/v PT CUMBERLAND COUNTY No. 07-2084-CIVIL TERM ACCT. #152829 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to xEl'CN k. qU UMEL , Defendant, on the day of 'V Kam, 200k, at S. Ud , o'clock P.m., at :32 r-jbP- IG<.C 5 #T R L(S LF , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age S Height?? Weights Race L[_ Sex _/A Other I, KDNkc b jkQ L L -,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. * 6.4. lS YAC4NT. TNVE1S716A'ri 6N D15CLOSF-p 11+-A'T Df F"D#01" Sworn to and subscribed OR" "11-1 fZCS lm F..S @ 3.eL Fq'1 RF19 D S?4.TI GAP-L 1 5 LE1 before me this of 2001y Not By: PLASE ATTE PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J- "ARPJs NOT SERVED NOTARY PUBLIC On thepQla JERSEY 200_, at o'clock _.m., Defendant NOT FOUND because: MY C ISS10N EXPIRES I ? oved Unknown No Answer Vacant Is` Attempt: / / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 'Z 10 %2? t4 c? rl4l C? a .1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 13, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on June 28, 2007 in the amount of $217,571.98. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 21 PINE STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 7 Bankruptcy at Docket Number 07-03481 on October 30, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated December 4, 2007. A true and correct copy of the Relief Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 10, 2008. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $51.22 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $204,890.90 $37,862.03 $250.20 $2,900.00 $2,455.50 $736.77 $2,043.75 $190.00 $0.00 $0.00 ($0.00) $5,248.39 TOTAL $256,577.54 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 7, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered a rule returnable on Plaintiff's Motion to Reassess Damages on October 10, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I i Pfcf:E? ieg, LLP By: Michele M. Bradfor , quir e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County KEITH A. HUMMEL CHRISTINE M. HUMMEL No. 07-2084 CIVIL TERM A/K/A CHRISTINE MELLOTT Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KEITH A. HUMMEL and CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 21 PINE STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: O 0 i hmieg, LLP By: PMichele M. Bradford, squire L' . Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 lszsz9 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff KEITH A. HUMWIEL CHRISTINE M. HUMWL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA'17013 Defendants cC O 7v L `'] C-) co Jrn ATTORNEY FOR PLAINTIM COURT OF COMMON PLEAS CIVIL DIVISION TERM r NO. DPI - l_ lvt L`I ??/L CUMBERLAND COUNTY ATTORNEY FILE CCpy PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Copy REV m' e c ? e ay .'t vo? Pile IN File #: 152929 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152929 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 152829 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 152929 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PENN WEST HOME EQUITY SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1972, Page: 1526. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 152929 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $204,890.90 Interest $6,797.63 12/01/2006 through 04/12/2007 (Per Diem $51.11) Attorney's Fees $1,250.00 Cumulative Late Charges $250.20 10/31/2006 to 04/12/2007 Cost of Suit and Title Search 550.00 Subtotal $213,738.73 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $213,738.73 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 152929 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 152829 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $213,738.73, together with interest from 04/12/2007 at the rate of $51.11 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HrAALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 152829 LEGAL DESCRIPTION All that certain property situated in the South Middleton Township, in the County of Cumberland and Commonwealth of Pennsylvania, being described as follows: Being bounded and more fully described in a Deed dated July 30, 1993, and recorded August 3, 1993, among the land records of the county and the state set forth above, in Book L36, Page 252. PROPERTY BEING: 21 PINE STREET File #: 152929 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff i DATE: ±1 -On - Exhibit "B" PHELAN HALLINAN & SCHNIIEG, L.L.P. By: DANIEL G. SCHIMEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY FORT MILL, SC 29715 COURT OF COMMON PLEAS V. KEITH A. H C113 0 Plaintiff, CIVIL DIVISION NO. 07-20 L, ?LOTT Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE I ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: . Kindly enter an in rem judgment in favor of the Plaintif CHRISTINE M. HUNRAEL. AXIA CHRISTINE MELL(J Answer to Plaintiffs Co t within 20 days from service th mortgaged premises, tses-s Plaintiffs damages as follows: As 4/13/07 to 6/26/07 o O 0 M I ? ::J co T M Dint(s) for failure W file an and for Foreclosure and Sale of the $213,738.73 $3,833.25 $217,571.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2).that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff DAMAGES AS INDICATED. 7'- DATE: PRO PROTHY 152829 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Bk. No. 1:07-bk-03481 RNO Chapter No. 07 IN RE: KEITH ALLEN HUMMEL CHRISTINE MARIE HUMMEL Debtors WELLS FARGO BANK, N.A Movant v. 11 U.S.C. §362 KEITH ALLEN HUMMEL CHRISTINE MARIE HUMMEL A/K/A CHRISTINE MELLOTT MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of WELLS FARGO BANK, N.A (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 21 PINE STREET, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Dated: December 4, 2007 B the Court, Robot pi. 0p4il, Raljlptcy Tku dommW is OKtmntca& vinrd cndflkri ew the wme riot,', Case 1:07-bk-03481-RNO Doc 23 Filed 12/04/07 Entered 12/04/07 15:12:57 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 7., 2008 KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 RE: WELLS FARGO BANK, N.A. v. KEITH A. HUMMEL and CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Premises Address: 21 PINE STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-2084 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve tr y yo , chele . Bra rd, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure A C) C p O'y y ? U N ? N 7 N J N E U N VJ 3 u NW.o ° 0 0 00 L 6 L 3003d p? ? v s _ .3 z VYONJ 037111W 8002 LO .LOO O L08 LZb000 y OOVZO WL z0 , o ? S ? `? °E OH A3N1k1 ® ® G ? • ? N ? C N fA ®?®? ?. .? .N. 0, E %d s3ldy y • ' w ° H ? O E L j .? V H H fH G ??' ? v o S M . ? w o n ,c U c o w E N N O Q o ?D a s x? x .. w w a C> c o w W~ o ? C) L CL a •o QI) 01 Z rT? o E `n 00 00 WO WW Q O c"d O,, ? f rD N _ rD a¢ o xo xo ? ? a a ? F., a F-+ a z d . W i ? N N Z 00 00 kn ? o ° pr Q. a d v y E h h b a z rA N ° w b -0 t-- 00 ON a - z d 0 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: I 4DYE MP Schmieg, LLP By: e M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/KJA CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 DATE: <<'_ KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 Meell ' Schmieg , LLP By: . Bradfor ,Esquire Attorney for Plaintiff C"? ^-.? - ?= ' ?' c =? : ,_ ?, t r? ,! ? ;'}? ?:;_?? ? 1 4, ; `? ,3 ..? N OCT;16 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM AND NOW, this -Z/ ` day of A A4---- 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 20 dk „ c4l? rer.r. Rule Returnable y _ ennsy ania. BY THE COURT 11.IN ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?michele-bradford@fedphe.com W. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 . Cop I Fs in U t l£c,L 16/2.1108 'KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 152829 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of 1 6 was sent to the following individual on the date indicated below. KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 DATE: l? KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 Hallinan chmieg, LLP el rP By: c ele . radford, squire Attorney for Plaintiff ?"-? "?? ???`. .? ?;?. ; ? ;? ,. #.r --`w t ?? ?.?? '?. ,,% C:^W WELLS FARGO BANK, N.A. VS. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 07-2084 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK, N.A. hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. C DATE: November 10, 2008 G. SCHMIEG, for Plaintiff r Ik.. w O U a ° cn Az C7 o rn v? Ell " •v A U U E; 't o 00 ¢En So L+ U w •? r o. y ti d a ? WW ?? ao 'd a? y zdo £0 l6 l 3000,12 WOH.4 0311bW p ?;E 8002 0 V Nnr 0 L08 M1000 ag 0 wt zo ?4?1 'L O ? C • 0 ® !,? A3" M ?? C GG E N a -9 ?°? 1 '? " r 0 E fi E 6 ? a ¢ C7 z o `? ?' E w ,g u CA 2 .® 3' n o w C U E°o W t w 0? H o N =E E9 ? c V ? 4a r b ? O p . O O 0 - ? e l 0. O opp V ? W P4 (?? tt 3 M u ? m n a d o O w ? o uj .a °° ? m 's A z U w w Q 0. w 9 Go O U ?o a a 1 O ' 0 U " a Z Ow W K: 0 ? ZO ? ¢ as t ? z pp 4 o U WzW ? WW x ?a E m .a z m a v 8 Q ? v ?a N M V W) %D l? oo O. O N d` h ;, ..a H Lr) I Cry 2" ? x PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on 3. A Rule was entered by the Court on or about directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on ,'/-I /. ' -, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of ii ?7(-r WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: .14 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on i {! /-T' . A Rule was entered by the Court on or about directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on /o/'(°r in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of ""1, -7 l / s WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: "'z v (Q F By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" .. OCT" 16 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants RULE AND NOW, this Zi'* day of 4kA.c., Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable 011 the-- y d o f ?A98at ' ennsy ania. BY THE COURT 4 J. 'to v- my fiaik i two (m ,ul i ?A Om Sit Uri,. 6 pa Exhibit "B" c? a o C Fr i ... 71 C >(.J _ rn `. : PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 WELLS FARGO BANK, N.A. Plaintiff' V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Q? Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of 6 sent to the following individual on the date indicated below. KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 230 GOODYEAR ROAD j GARDNERS, PA 17324, , -. t ` P el Hallman chmieg, LLP DATE: By: Mic ele radford, squire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By. Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2084 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324-9307 DATE: it zo to r By: KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT 21 PINE STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff 7;7, 140Y z 5 2008 a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. KEITH A. HUMMEL CHRISTINE M. HUMMEL A/K/A CHRISTINE MELLOTT Defendants ORDER CUMBERLAND County No. 07-2084 CIVIL TERM AND NOW, this Z5- day of k?.w-.l.? , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $204,890.90 Interest Through December 10, 2008 $37,862.03 Per Diem $51.22 Late Charges $250.20 Legal fees $2,900.00 Cost of Suit and Title $2,455.50 Sheriffs Sale Costs $736.77 Property Inspections/ Property Preservation $2,043.75 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,248.39 TOTAL $256,577.54 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B T COURT J. 152829 r 1 c? . ?F! o ' 4 r r Q t.3 ? y f, t. ,7.1? ?- GIs. t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 10th day of June, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2084, at the suit of Wells Fargo Bank N A against Christine Mellott is duly recorded as Instrument Number 200840574. IN TESTIMONY WHEREOF, I have hgxeunto set my hand and seal of said office this 9 day of , A.D. 020-0 of Deeds Recw* ?4 t; : vi' uwmberW)d County. C&rW* PA My Coinmissim Expur+s Ow Fist Monday of Jan. 2010 Wells Fargo Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Keith A. Hummel Writ No. 2007-2084 Civil Term Christine M. Hummel, a/k/a Christine Mellott Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 1116 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott, by making known unto Christine M. Hummel, personally and wife of Keith A. Hummel, at 32 Fairfield Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Keith A. Hummel and Christine M. Hummel a/k/a Christine Mellott, located at 21 Pine Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Keith A. Hummel and Christine M. Hummel, a/k/a Christine Mellott, by regular mail to their last known address of 230 Goodyear Road, Gardners, PA 17324. These letters were mailed under the date of October 16, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A. of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,096.71. Sheriff s Costs: Docketing $30.00 Poundage 21.50 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 16.00 Levy 15.00 Surcharge Out of County Adams County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 30.00 9.00 33.63 383.00 379.16 14.92 25.00 49.50 $1,096.71 ?/-2 /-; ofo? So Answers: R. Thomas Kline, Sheriff BY I J 0 4 SM& Real Estate S rgeant C'U CI', at? lam' ???go? J Y WEL16S FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2084-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,21 PINE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KEITH A. HUMMEL CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT Last Known Address (if address cannot be reasonably ascertained, please indicate) 230 GOODYEAR ROAD GARDNERS, PA 17324 230 GOODYEAR ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None Vi 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 PINE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to 1?EL falsification to authorities. June 9, 2008 DATE G. SCHMIEG, ESQYOE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. KEITH A. HUMMEL CHRISTINE M. HUMMEL, AIK/A CHRISTINE MELLOTT Defendant(s). CUMBERLAND COUNTY No. 07-2084-CIVIL TERM June 9, 2008 TO: KEITH A. HUMMEL 230 GOODYEAR ROAD GARDNERS, PA 17324 CHRISTINE M. HUMMEL, A/K/A CHRISTINE MELLOTT 230 GOODYEAR ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 21 PINE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $217,571.98 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnumbered lot or tract of land as set forth on a Plan of Lots known as'Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-111 PREMISES: 21 PINE STREET, CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife, by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/1993, in Deed Book 36L, page 252. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2084 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From KEITH A. HUMMEL, CHRISTINE M. HUMMEL a/k/a CHRISTINE MELLOTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $217,571.98 L.L. Interest from 6/26/07 to 12/10/08 (per diem - $35.76) - $19,060.08 and Costs Atty's Comm % Arty Paid $1,177.27 Plaintiff Paid Date: 6/10/08 (Seal) Due Prothy $2.00 Other Costs $6,047.50 Prothono By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 34 On August 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 21 Pine Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 20, 2008 By: ?--10 Real Estate Sergeant s d o i Nnr 8ool PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. k,- 4"*?- Coyne, SWORN-T-6 AND SUBSCRIBED before me this 4 day of November, 2008 Notary NVIARWL SEAL 011OUN A COLLINS Notary Public LCAR11LI 10RO, CUMBERLAND COUNTY ??N>tl0n Expi?ea Apr 28. 2010 REAL ESTATE BALE NO. 34 Writ No. 2007-2084 Civil Wells Fargo Bank, N.A. VS. Keith A. Hummel Christine M. Hummel a/k/a Christine Mellott Atty.: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Pine Street and corner of lands now or formerly of Mac Shover; thence along lands of said Mac Shover and others, North 7 degrees 29 minutes West, a distance of 224 feet to a point and corner of lands now or formerly of Daniel A. Geesey and wife; thence South 32 degrees 51 minutes West, a distance of 175 feet along lands said Daniel A. Geesey and wife to a point in the northern side of Pine Street; thence along the northern side of Pine Street, South 57 degrees 9 minutes East, a distance of 145 feet to a point, the Place of BEGINNING. BEING a portion of an unnum- bered lot or tract of land as set forth on a Plan of Lots known as `Bonny Heights', said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 2, Page 51. BEING the same premises which Bruce A. Tingle and Christine C. Tingle, by deed dated November 30, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Vol. 34, Page 940, granted and conveyed unto Randy L. Bates and Marsha A. Bates, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0487-111. PREMISES: 21 PINE STREET, CARLISLE, PA 17013. TITLE TO SAID PREMISES IS VESTED IN Keith A. Hummel and Christine M. Hummel, husband and wife by Deed from Randy L. Bates and Marsha A. Bates, husband and wife, dated 07/30/1993, recorded 08/03/ 1993 in Deed Book 36L, page 252. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14c PatrioNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11112/08 ....T .................... :d before me45/day of November, 2008 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L Kjaner, Notary Punic City Of Harrisburg, Dauphin County My Camtnion E*irm Nov. 26, 2011 Member, Pennsylvania Association of Notaries RAGA 94 00 Mak No. 94 WfK W AW4WR OWTvrm vYWft 11100 0611k, F UL v 1(k Owe A#wn@V VwM Schn od LEGAL OESCMFnON ALL THAI' CERTAIN tract of Ind with the imp thereon ciected.sitoaze in South Middleton Tom, _ Cumberland -County, Pe?sylaania pattipdarly bounded and desmWasfo - BEGIIiNII!iG at a paint on the H r*n side of pine Streets and caner of wii DOW or fotpserly of Mae %ON= t eaee,alomg lob of said Mac Show and others; Nortb 7 dues 29 minutes West, a diatceoe of 224 feet to a gd6tt and cam of lands now of fatmilly of Daniel A. Geesey and wife; thence Somm 32 degrees 51. ut nwes West: a distance of 175 feet along lands said Darnel A. Casey and wire to a point in the nordlem side of P le Street; thence slang the northern sides of flue Streets South 57 degrees 9 mime,, Past,.aAstmsm of 145 fee-to a poi ; the Phice of . BEING a portion of an onomnb4red lot or tract of land as set forth on a Plan bf Tats Known as 'Boonyllei*a', said Pbm beingucoided m the Office of the Recoider of Deeds in and for Ctumbedand.. Cm*. Pemsylvania, in- Plan Book Z Page 51, BP.ING the same pm*a whisk Bruce A. Tmgk and Chrst a C. rinee, by deed dated November A 1990 and recorded a the Office of the Remy W dDeeds m and for Cumberland Com><l; Peaosylva®a4m Deed Boot W, Vol 34, Page 940, and oommyed tusto Randy L. . Bates andMarsbaA. Byes, Grant= be= PARCEL IDB19T7PJICAITDN NO:, 40=22-0487- 111 _ PRELQSES: 21 FM. StW, .CARLISDE, PA 17613 MIE TO SAID PREWSES IS VESTED IN Keith A. Bummed od C7mWw M, IDumawl, husband and wife, by Deed from Rm4 L Bates and Ma sha A. Bates; bu imud and wife, dated 07130f1993, recorded MONO, in Deed Book 361. page 251