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HomeMy WebLinkAbout08-0396PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162556 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. og - 39(. Civi 1 Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162556 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 #: 162556 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 #: 162556 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 #: 162556 I . Plaintiff is LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 who are the real owners of the property hereinafter described. File #: 162556 3. On 06/26/2002 CHARLES WERNER made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MERITAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1763, Page: 2011. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2007 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. File #: 162556 6 The following amounts are due on the mortgage: Principal Balance $48,762.57 Interest $5,415.27 03/01/2007 through 01/15/2008 (Per Diem $16.87) Attorney's Fees $1,250.00 Cumulative Late Charges $187.32 06/26/2002 to 01/15/2008 Cost of Suit and Title Search 550.00 Subtotal $56,165.16 Escrow Credit $0.00 Deficit $1,033.15 Subtotal IL U3.15 TOTAL $57,198.31 7 8 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. 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. File #: 162556 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 11. Mortgagor CHARLES WERNER died on 9/17/2007 and, upon information and belief, his surviving heirs are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. 12. Plaintiff contacted the Register of wills of Cumberland County and was informed as of 1/15/2008, no estate has been raised on behalf of the decedent mortgagor. 13. Plaintiff hereby releases CHARLES WERNER, from liability for the debt secured by the mortgage. 14. Plaintiff does not hold the named Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 162556 15. Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,198.31, together with interest from 01/15/2008 at the rate of $16.87 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 & F NCIS S. HALLINAN, ESQUME DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 162556 LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. BEING known as 105 Frederick Avenue, Carlisle, Pennsylvania 17013. Parcel Number 05-20-1798-300 File #: 162556 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. A, orney for Plaintiff DATE: 1 cz? -;q. ?{? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00396 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH 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 WERNER JUDITH but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE I NOT FOUND , as to the within named DEFENDANT , WERNER JUDITH 105 FREDERICK AVENUE I CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers* 6.00 4.80 -" 5.00 R. om s Kline 10.00 Sheriff of Cumberland County V .. - . - - Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 02/14/2008 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00396 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH 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 WERNER RYAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 105 FREDERICK AVENUE WERNER RYAN CARLISLE. PA 17013 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge .?/3 /b e (?- So answe -g., 6.00 -r .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 02/14/2008 Sworn and Subscribed to before me this day of 1 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00396 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH 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 WERNER KELLY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT WERNER KELLY 105 FREDERICK AVENUE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers i 6.00 _ .00 ?? - 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 02/14/2008 Sworn and Subscribed to before me this day of A. D. • SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00396 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH 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 WERNER CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , WERNER CHRISTOPHER 105 FREDERICK AVENUE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge .212 il0 9 9-•• So answer- -° 6.00 ?- 00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 02/14/2008 Sworn and Subscribed to before me this day of A. D. • SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00396 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH 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 UNKNOWN HEIRS OF CHARLES WERNER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT WERNER NOT FOUND , as to UNKNOWN HEIRS OF CHARLES 105 FREDERICK AVENUE CARLISLE, PA 17013 PER JUDITH WERNER, THERE ARE NO OTHER HEIRS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 v..-21.00 So answers•_ -' ?- R. Thomas Kli e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/14/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WERNER JUDITH DEFENDANT was served upon the , at 2150:00 HOURS, on the 13th day of February-, 2008 at 100 OLD GAP ROAD CARLISLE, PA 17013 JUDITH WERNER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 /01 00 37.60 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/14/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER RYAN the DEFENDANT at 2150:00 HOURS, on the 13th day of February-, 2008 at 100 OLD GAP ROAD CARLISLE, PA 17013 by handing to JUDITH WERNER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/14/2008 PHELAN HALLINAN SCHMIEG By: Deput Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER KELLY the DEFENDANT , at 2150:00 HOURS, on the 13th day of February-, 2008 at 100 OLD GAP ROAD CARLISLE, PA 17013 by handing to JUDITH WERNER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: w-?s3 R. Thomas Kline 02/14/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER CHRISTOPHER the DEFENDANT , at 2150:00 HOURS, on the 13th day of February , 2008 at 100 OLD GAP ROAD CARLISLE, PA 17013 by handing to JUDITH WERNER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16. 00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/14/2008 PHELAN HALLINAN SCHMIEG By. Dep ty Sheri ff A. D. PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LASALLE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE CIVIL DIVISION CUMBERLAND COUNTY v. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP 'L By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire p? Daniel G. Schmieg, Esquire Dated: File #: 162556 LOAN # 7434250049 VERIFICATION hereby states that he/she is Z • 6, 0. of LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. N .0p, -. Jeffrey Stephan DATE: !02- 11-4? ltle. United Signing Officer Company: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Loan:7434250049 File #: 162556 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LASALLE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE CIVIL DIVISION v. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED CHRISTOPHER WERNER, HEIR OF CHARLES WERNER DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED CUMBERLAND COUNTY NO. 08-396-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 rr Dated: 6d ?(I FILE 162556 LOAN # 7434250049 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff VTI N ?z PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF ATTORNEY I.D. ##91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215)563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, by its counsel, Joseph P. Schalk, Esquire, respectfully requests that this Honorable Court enter an ORDER granting Plaintiffs Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On June 26, 2002, CHARLES WERNER made, executed, and delivered a mortgage upon the premises at 105 FREDERICK AVENUE, CARLISLE, PA 17013. 2. The loan is in default as payments due April 1, 2007 and each month thereafter are due and unpaid. 3. Mortgagor, CHARLES WERNER, died on August 17, 2007. 4. Plaintiff contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of CHARLES WERNER, DECEASED. 5. Plaintiff performed a Good Faith Investigation in an attempt to locate the heirs of CHARLES WERNER, DECEASED. Plaintiff's Investigation was unable to locate any heirs. Attached hereto, marked as Exhibit "A" is a true and correct copy of Plaintiff's Affidavit of Good Faith Investigation. 6. By letters dated October 26, 2007, Plaintiff attempted to contact any possible heirs of CHARLES WERNER, DECEASED, to inform them of the foreclosure. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiff's letter. 7. On November 15, 2007, Plaintiff was contacted by JUDITH WERNER, who stated that she was the wife of CHARLES WERNER, DECEASED. JUDITH WERNER informed Plaintiff that the mortgagor was survived by herself, as well as three children, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. She also confirmed that no estate has been raised for the mortgagor. 8. By letter dated November 15, 2007, Plaintiff attempted to contact JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER to inform them of the foreclosure and to request additional heir information for CHARLES WERNER, DECEASED. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiff's letter. 9. By letter dated December 10, 2007, Plaintiff provided JUDITH WERNER with a revised Waiver by Heir of Right to be Named as a Defendant, per her request. To date, Plaintiff has not received an executed Waiver from any of the heirs. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiff's letter. 10. Upon information and belief, CHARLES WERNER'S surviving heirs at law are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. Any other parties who may have an interest in the mortgaged premises are unknown to Plaintiff. 11. On January 17, 2008, Plaintiff filed an Action in Mortgage Foreclosure naming as defendants, JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED; RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED; KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED; CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED; and the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 12. Plaintiff hereby releases CHARLES WERNER, DECEASED from liability for the debt secured by the mortgage. 13. No Judge has previously entered a ruling in this case. 14. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on February 12, 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 postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "F." 15. In order to convey good and marketable title after a foreclosure sale, the foreclosing mortgagee customarily will name as a defendant the unknown heirs, successors assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. 16. Because there may be parties with an interest in the mortgaged premises that Plaintiff does not know of, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by certified mail and regular mail, posting of the mortgaged premises, and by publication. E J Dated: Z Z 10a Respectfully submitted, Phelan Hallinan & Schmieg, LLP Attornev for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber Inc v Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "A" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. Dated: 2I V7 ' 0 S Respectfully submitted, Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: "?A ? &J_? J eph P Sch ,Esquire EXHIBIT "A" FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 162556 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Charles Werner Property Address: 105 Frederick Avenue, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Charles Werner - xxx-xx-9964 B. EMPLOYMENT SEARCH Charles Werner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Charles Werner reside(s) at: 105 Frederick Avenue, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Charles Werner. B. On 10-10-07 our office made a telephone call to the phone number (717) 240-1269 and received the following information: disconnected. On 10-10-07,10-11-07,10-12-07,10-15-07, 10-16-07,10-17-07,10-18-07,10-19-07,10-22-07,10-23-07 and 10-24-07 our office made several telephone calls to the phone number (717) 692-5054 and received the following information: fax tone. Our office was unable to locate any heir for Charles Werner. III. INQUIRY OF HEIRS AND NEIGHBORS On 10-10-07 our office located Judith A. Werner, a possible relative of Charles Werner residing at: 100 Old Gap Road, Carlisle, PA 17013 but was unable to get any phone number for him. On 10-10-07 our office located Ryan C. Werner, a possible relative of Charles Werner residing at: 105 Frederick Avenue, Carlisle, PA 17013 but was unable to get any phone number for him. On 10-10-07, 10-11-07,10-12-07,10-15-07,10-16-07,10-17-07,10-18-07,10-19-07, 10-22-07,10- 23-07 and 10-24-07 our office made several phone calls in an attempt to contact Robyn M. Werner, a possible relative of the subject at (570) 389-7659,105 Frederick Avenue, Carlisle, PA 17013: answering machine. Using our white pages database our office was unable to locate any neighbors for 105 Frederick Avenue, Carlisle, PA 17013. Our office was unable to locate any heir for Charles Werner. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-10-07 we reviewed the National Address database and found the following information: Charles Werner -105 Frederick Avenue, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Charles Werner- VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-10-07 Vital Records and all public databases have no death record on file for Charles Werner. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Charles Werner residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Charles Werner - 03-16-1947 B. DATE OF DEATH Charles Werner - 08-17-2007 C. A.K.A. Charles W. Werner * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. ereby verify that the statements made herein are true and correct to the best of my owle e, information an and that this affidavit of investigation is made subject to the pen Pa . Sec. r 4 la ' unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 24th day of October, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND 9#?1'ARtal. SE#ll RYAN P C44-VW, NOMY Rtt k G* Of RAW" ft PW Co" My CotiM?tts?ittrt fer21, EXHIBIT "B" PHELAN HALLINAN & SCHIMUG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-405-0180 Jnhn_ParkinsonnfSe lihe ram John Parkinson Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey October 26, 2007 Occupants & Possible Heirs Of Charles Werner, Deceased 105 Frederick Avenue Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As you are a possible heir of CHARLES WERNER, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of CHARLES WERNER, and whether you do or don't have an interest in saving the property from foreclosure, please contact the undersigned at (215) 563-7000, ex. 1200 within seven (1) days of the date of this correspondence. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000 and ask for the Foreclosure Resolution Department. Sincer i t J hn Parkinson gal Assistant " This term is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCEMMG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fag: 215-405-0180 fohn.Parkinsonnfed he_cnm John Parkinson Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey October 26, 2007 Occupants & Possible Heirs Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER;105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As you are a possible heir of CHARLES WERNER, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of CHARLES WERNER, and whether you do or don't have an interest in saving the property from foreclosure, please contact the undersigned at (215) 563-7000, ex. 1200 within seven (2) days of the date of this correspondence. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000 and ask for the Foreclosure Resolution Department. Since, ?kln Parkinson Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "C" PHELAN HALLINAN & SCHMMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext.1380 Fax: 215405-0180 John.Parkinson@fedphe.com John Parkinson Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey November 15, 2007 Judith Werner 100 Old Gap Road Carlisle, PA 17013 Ryan Werner 100 Old Gap Road Carlisle, PA 17013 Kelly Werner 100 Old Gap Road Carlisle, PA 17013 Christopher Werner 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As a possible heir of CHARLES WERNER, you may have inherited an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). Accordingly, it may be necessary to bring a foreclosure action against your interest in the property. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. ' This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office may proceed to name you as a defendant, in order to divest any ownership interest you may have in the mortgaged premises. Again, please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. It is also our understanding that KELLY WERNER and CHRISTOPHER WERNER are minors. As such, it will be necessary for their parent or legal guardian to execute their Waivers on their behalf. Our Office also requests that you please provide us with any additional heir information for CHARLES WERNER, DECEASED. Thank you for your cooperation in this regard. Please note that this Waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact the undersigned at (215) 563-7000, ex. 1200. Sincerely, Parkinson Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JUDITH WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Judith Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHIVIIEG, UP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KELLY WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Kelly Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallman Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTOPHER WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Christopher Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, RYAN WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Ryan Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT `D" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext.1380 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey December 10, 2007 Judith Werner 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Ms. Werner: I am writing this letter in response to our conversation of December 10, 2007. As we discussed, I have revised your Waiver to stipulate that our office will provide you with notice of the sheriff sale, as well as lien holder notice. Also enclosed, please find an additional copy of the Waiver of right to be named as a defendant in the foreclosure action for Ryan Werner, Kelly Werner, and Christopher Werner. It would be most appreciated if these Waivers are executed and returned to our office on or before peeemher 21, 2007. Please be advised that should we not receive the executed Waivers in a timely manner, it may be necessary to name yourself, as well as Ryan Werner, Kelly Werner, and Christopher Werner, as party defendants in the foreclosure action in order to divest any ownership interest you may have inherited in the mortgaged premises. As always, should you have any questions or concerns, please do not hesitate to contact me directly. Sincerely, hn Parkinson egal Assistant • This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JUDITH WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Plaintiff will provide Judith Werner with Notice of Sheriff Sale and lien holder notice via certificate of mailing. Date: Judith Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KELLY WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Kelly Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTOPHER WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Christopher Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, RYAN WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Ryan Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162556 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162556 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 #: 162556 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 #: 162556 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 #1: 162556 1. Plaintiff is LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 who are the real owners of the property hereinafter described. File k: 162556 3. On 06/26/2002 CHARLES WERNER made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M ERITAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1763, Page: 2011. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2007 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. File #: 162556 6. The following amounts are due on the mortgage: Principal Balance $48,762.57 Interest $5,415.27 03/01/2007 through 01/15/2008 (Per Diem $16.87) Attorney's Fees $1,250.00 Cumulative Late Charges $187.32 06/26/2002 to 01/15/2008 Cost of Suit and Title Search 550.00 Subtotal $56,165.16 Escrow Credit $0.00 Deficit $1,033.15 Subtotal $1,033.15 TOTAL $57,198.31 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. 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. File #: 162556 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 11. Mortgagor CHARLES WERNER died on 9/17/2007 and, upon information and belief, his surviving heirs are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. 12. Plaintiff contacted the Register of wills of Cumberland County and was informed as of 1/15/2008, no estate has been raised on behalf of the decedent mortgagor. 13. Plaintiff hereby releases CHARLES WERNER, from liability for the debt secured by the mortgage. 14. Plaintiff does not hold the named Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 162556 15. Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,198.31, together with interest from 0l /15/2008 at the rate of $16.87 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 & F NCIS S. HALLINAN, ESQUIRE ` DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File 4: 162556 LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which nuns between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. BEING known as 105 Frederick Avenue, Carlisle, Pennsylvania 17013. Parcel Number 05-20-1798-300 File #: 162556 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. A orney for Plaintiff DATE: 1 EXHIBIT "F" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey February 12, 2008 Judith Werner, Heir Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-3% CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by February 19,2008. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, ?G hn Parkinson Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey February 12, 2008 Ryan Werner, Heir Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-396 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by February 19, 2008. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, P ?ofin Parkinson Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey February 12, 2008 Kelly Werner, Heir Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-396 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by February 19, 2008. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, hn Parkinson Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey February 12, 2008 Christopher Werner, Heir Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-396 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by February 19, 2008. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, J Parkinson Le al Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey February 12, 2008 Unknown Heirs Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-396 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by February 19, 2008. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerel (j4 n Parkinson Legal Assistant wo _O U w c? n c 2 N ? zed a L ? z?- ?.oa II 'CY y 2¢ o SO 16 6 3000 d2 WYO&I0311VW 80OZ Zt83:1 OLOBLZti000 o9L' W $ M zo 53MOH AFILd ® ? ®?A J w `?, by a°? «i V Q U 0 i TJ Q N ? ? Ri M ? M M y.^ M r3 M ? .?0-. i ? rl ? r1 rl 3¢3¢3¢.x¢ I~?" c,a ?,a, NaUa a? o .2 °U oU oU UV --) -6 _mr x •!z -d.-- M 4) c? «S 0 > p crs o w3a".w<. v x?x Y 0 CL (U co x 3-03 o-? 3 w 0 O O 0 v 0 Gi E 'Cy O O ? O O z ti O ( S4 U ?D .-%C ?10 \o tn tn tn v to kn kn Fn E N N N N N CII) CIO) C-0 V) ? a a a a a IN IM I,I I'n I\o It- loo 10, E - ? v E s oF" F+v?co° r 0, E p N ° E c -a 3 V L p 3 W 0 vo E c p t o E E 7 ° A c c 'o'v.c „v1 C -H N 272 O V •- t=d Z ° c r= O N - - U ?to+ C C O.WG.O a N c n v.ot; ;o L L U a a .t•. c. °o o m Y v 69 ? N LN 7 L N .O Y > V U 5zo 9 ° ° Y 7 °r' C A b 0 ? c U a ? '? E 7y?UEo_ C C O E e.cc> ? Y O? h N S 2 E oq c U Y rid 0 a Y a°. nl v ? 0.0 w o y a a z; w? O > a E o z -' ?u F-- w 00 O O N N f- P- VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 2-1-2-7 Joe lAttorJosep P. ch alk, Esquire n y or Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #91656 107 North Front Street, Suite ] ] 5 Harrisburg, PA 17101 (215) 563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service and Belief in Support thereof were sent via first class mail to the following on the date listed below: JUDITH WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 (CONTINUED) CHRISTOPHER WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS OF CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Respectfully submitted, Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff , \ seph P. I chaa, Esquire Dated: February 12, 2008 J J M sa 2oos?j IN 'I HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED ET AL. AND NOW, this jr d COURT OF COMMON PLEAS CIVIL, DIVISION NO. 08-396 CIVIL "PERM CUMBERLAND COUNTY ORDER day of M C%P t? , 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALI, PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGI-IT, TITLE OR INTEREST FROM OR BINDER CHARLES WERNER, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), and by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises 105 FREDERICK AVENUE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT: J. ?''Zac C-) do "."14 ""rov -ar. PWKr - ?r cve I%Zl -mss C%' 0 :7 ylf -Hi r, Jl)- IL M Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff vs. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED CHRISTOPHER WERNER. HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-396 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL N HALLINcAN C G, LLP By:- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: April 16, 2008 /jmr, Svc Dept. File# 162556 913 4 00 W C3 ? R`? d r od _ c rn CO) CASE NO: 2008-00396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER JUDITH the DEFENDANT , at 1505:00 HOURS, on the 21st day of April 2008 at 105 FREDERICK AVENUE CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 105 FREDERICK AVE CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge y/1 Y/0 b? L So Answers: R. Thomas Kline 04/23/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff 18.00 5.00 6.00 10.00 .00 39.00 Sworn and Subscibed to before me this day of , A. D. CASE NO: 2008-00396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER RYAN the DEFENDANT , at 1505:00 HOURS, on the 21st day of April 2008 at 105 FREDERICK AVENUE CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 105 FREDERICK AVE CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 y??f?L?F ? 22.00 04/23/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: Z-Z ?-- - - ?-- before me this day Deputy Sheriff of A.D. CASE NO: 2008-00396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER KELLY DEFENDANT the at 1505:00 HOURS, on the 21st day of April , 2008 at 105 FREDERICK AVENUE CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 105 FREDERICK AVE CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 6.00 .00 6.00 10.00 .00 ? 22.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 PHELAN HALLINAN SCHMIEG By: ooo? Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WERNER CHRISTOPHER the DEFENDANT , at 1505:00 HOURS, on the 21st day of April , 2008 at 105 FREDERICK AVENUE CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 105 FREDERICK AVE CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 y/?1?0? ? 22.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/23/2008 PHELAN HALLINAN SCHMIEG i By: epu y S eriff A. D. CASE NO: 2008-00396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UNKNOWN HEIRS OF CHARLES WERNER the DEFENDANT , at 1505:00 HOURS, on the 21st day of April 2008 at 105 FREDERICK AVENUE CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 105 FREDERICK AVE CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 f .00 6.00 10.00 R. Thomas Kline .00 22.00 04/23/2008 PHELAN HALLINAN SCHMIEG By: / ?- day Deputy heriff A. D. PHELAN HALLINAN & SCHMIEG LLP + By: 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 LaSalle Bank NAtional Association as Trustee Plaintiff VS. Judith Werner, Heir of Charles Werner, Deceased Ryan Werner, Heir of Charles Werner, Deceased Kelly Werner, Heir of Charles Werner, Deceased Christopher Werner, Heir of Charles Werner, Deceased Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Charles Werner, Deceased Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-396-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Charles Werner, Deceased at 105 Frederick Avenue, Carlisle, PA 17013, on May 7, 2008, in accordance with the Order of Court dated March 3, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: May 7, 2008 '? - ?- F CIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ^v ry ?i Q ..C PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. MOTION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM FOR MINOR HEIRS OF CHARLES WERNER, DECEASED Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, by its counsel, Joseph P. Schalk, Esquire, respectfully requests that, pursuant to Pennsylvania Rule of Civil Procedure 2053, this Honorable Court enter an Order appointing a Guardian Ad Litem for KELLY WERNER and CHRISTOPHER WERNER, in the above captioned action for the following reasons: 1. On June 26, 2002, CHARLES WERNER made, executed, and delivered a mortgage upon the premises at 105 FREDERICK AVENUE, CARLISLE, PA 17013. 2. The loan is in default as payments due April 1, 2007 and each month thereafter are due and unpaid. 3. Mortgagor, CHARLES WERNER, died on August 17, 2007. 4. Plaintiff contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of CHARLES WERNER, DECEASED. 5. Plaintiff performed a Good Faith Investigation in an attempt to locate the heirs of CHARLES WERNER, DECEASED. Plaintiffs Investigation was unable to locate any heirs. Attached hereto, marked as Exhibit "A" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 6. By letters dated October 26, 2007, Plaintiff attempted to contact any possible heirs of CHARLES WERNER, DECEASED, to inform them of the foreclosure. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiff s letter. 7. On November 15, 2007, Plaintiff was contacted by JUDITH WERNER, who stated that she was the wife of CHARLES WERNER, DECEASED. JUDITH WERNER informed Plaintiff that the mortgagor was survived by herself, as well as three children, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. She also confirmed that no estate has been raised for the mortgagor. 8. By letter dated November 15, 2007, Plaintiff attempted to contact JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER to inform them of the foreclosure and to request additional heir information for CHARLES WERNER, DECEASED. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiff s letter. 9. By letter dated December 10, 2007, Plaintiff provided JUDITH WERNER with a revised Waiver by Heir of Right to be Named as a Defendant, per her request. To date, Plaintiff has not received an executed Waiver from any of the heirs. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiffs letter. 10. Upon information and belief, CHARLES WERNER'S surviving heirs at law are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. Any other parties who may have an interest in the mortgaged premises are unknown to Plaintiff. 11. On January 17, 2008, Plaintiff filed an Action in Mortgage Foreclosure naming as defendants, JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED; RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED; KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED; CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED; and the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 12. Plaintiff hereby releases CHARLES WERNER, DECEASED from liability for the debt secured by the mortgage. 13. As Plaintiff has ascertained that KELLY WERNER and CHRISTOPHER WERNER are minors, in accordance with Pa.R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court appoint a guardian for them. 14. By letter sent March 24, 2008, Plaintiff attempted to contact JUDITH WERNER, parent and natural guardian of KELLY WERNER and CHRISTOPHER WERNER, to request that she consent to guardianship to expedite the resolution of the foreclosure action. To date, Plaintiff has not received a response to said letter. A true and correct copy of Plaintiff's letter is attached hereto, marked as Exhibit "F." 15. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for the appointment of a guardian Ad Litem for KELLY WERNER and CHRISTOPHER WERNER before entering its In Rem judgment. 16. As JUDITH WERNER is the parent and natural guardian of KELLY WERNER and CHRISTOPHER WERNER, it is requested that she be appointed Guardian Ad Litem in this action. 17. Judge M. L. Ebert, Jr. has previously entered a ruling in this case. 18. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for the Appointment of a Guardian Ad Litem to the Defendants on May 7, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G.55 WHEREFORE, it is respectfully requested that this Honorable Court appoint JUDITH WERNER or appropriate counsel, as Guardian Ad Litem for KELLY WERNER and CHRISTOPHER WERNER in this action. Dated: S (-L3IC6 Respectfully submitted, Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff -y( lose P. Bch k Esquire EXHIBIT "A" FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 162556 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Charles Werner Property Address: 105 Frederick Avenue, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Charles Werner - xxx-xx-9964 B. EMPLOYMENT SEARCH Charles Werner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Charles Werner reside(s) at: 105 Frederick Avenue, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Charles Werner. B. On 10-10-07 our office made a telephone call to the phone number (717) 240-1269 and received the following information: disconnected. On 10-10-07,10-11-07,10-12-07,10-15-07 , 10-16-07, 10-17-07, 10-18-07, 10-19-07, 10-22-07, 10-23-07 and 10-24-07 our office made several telephone calls to the phone number (717) 692-5054 and received the following information: fax tone. Our office was unable to locate any heir for Charles Werner. III. INQUIRY OF HEIRS AND NEIGHBORS On 10-10-07 our office located Judith A. Werner, a possible relative of Charles Werner residing at: 100 Old Gap Road, Carlisle, PA 17013 but was unable to get any phone number for him. On 10-10-07 our office located Ryan C. Werner, a possible relative of Charles Werner residing at: 105 Frederick Avenue, Carlisle, PA 17013 but was unable to get any phone number for him. On 10-10-07, 10-11-07, 10-12-07, 10-15-07, 10-16-07, 10-17-07, 10-18-07, 10-19-07, 10-22-07, 10- 23-07 and 10-24-07 our office made several phone calls in an attempt to contact Robyn M. Werner, a possible relative of the subject at (570) 389-7659,105 Frederick Avenue, Carlisle, PA 17013: answering machine. Using our white pages database our office was unable to locate any neighbors for 105 Frederick Avenue, Carlisle, PA 17013. Our office was unable to locate any heir for Charles Werner. I J. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-10-07 we reviewed the National Address database and found the following information: Charles Werner - 105 Frederick Avenue, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Charles Werner. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-10-07 Vital Records and all public databases have no death record on file for Charles Werner. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Charles Werner residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Charles Werner - 03-16-1947 B. DATE OF DEATH Charles Werner - 08-17-2007 C. A.K.A. Charles W. Werner * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. ereby verify that the statements made herein are true and correct to the best of my nowle e, information an and that this affidavit of investigation is made subject to the pen Pa . Sec. 49 la ' unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 241h day of October, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. COASI ONWEALTH 017-POMSYL MAMA IND NOTARIAL SEAL RYAN P GALVIN, ktotalq Public City Of l3t?u'latiat Aa, i'wa. cotay Ctm?nis"n txltim DOMW 21, 2M LMY EXHIBIT "B" PHELAN HALLINAN & SCHMIIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-405-0180 .Inhn.Parkinson4fednhe cnm John Parkinson Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey October 26, 2007 Occupants & Possible Heirs Of Charles Werner, Deceased 105 Frederick Avenue Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As you are a possible heir of CHARLES WERNER, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of CHARLES WERNER, and whether you do or don't have an interest in saving the property from foreclosure, please contact the undersigned at (215) 563-7000, ex. 1200 within seven (7) days of the date of this correspondence. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000 and ask for the Foreclosure Resolution Department. Sincer J hn Parkinson egal Assistant - i ms urm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHM EG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-405-0180 John.Pnrkinson(4fedUhe enm John Parkinson Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey October 26, 2007 Occupants & Possible Heirs Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As you are a possible heir of CHARLES WERNER, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of CHARLES WERNER, and whether you do or don't have an interest in saving the property from foreclosure, please contact the undersigned at (215) 563-7000, ex. 1200 within seven (7) days of the date of this correspondence. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000 and ask for the Foreclosure Resolution Department. Since Parkinson Legal Assistant - i ms Iurm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "C" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext.1380 Fax: 215-405-0180 John.Parkinson@fedphe.com John Parkinson Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey November 15, 2007 Judith Werner 100 Old Gap Road Carlisle, PA 17013 Ryan Werner 100 Old Gap Road Carlisle, PA 17013 Kelly Werner 100 Old Gap Road Carlisle, PA 17013 Christopher Werner 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due April 1, 2007 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We are sorry for your loss. As a possible heir of CHARLES WERNER, you may have inherited an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). Accordingly, it may be necessary to bring a foreclosure action against your interest in the property. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office may proceed to name you as a defendant, in order to divest any ownership interest you may have in the mortgaged premises. Again, please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. It is also our understanding that KELLY WERNER and CHRISTOPHER WERNER are minors. As such, it will be necessary for their parent or legal guardian to execute their Waivers on their behalf. Our Office also requests that you please provide us with any additional heir information for CHARLES WERNER, DECEASED. Thank you for your cooperation in this regard. Please note that this Waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact the undersigned at (215) 563-7000, ex. 1200. Sincerely, t Parkinson Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JUDITH WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Judith Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KELLY WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Kelly Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTOPHER WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Christopher Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, RYAN WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Ryan Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT `?D" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext.1380 Fax: 215-563-3352 John.Parkinson@fedphe.com John Parkinson Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey December 10, 2007 Judith Werner 100 Old Gap Road Carlisle, PA 17013 RE: CHARLES WERNER; 105 FREDERICK AVENUE, CARLISLE, PA 17013; HOMECOMINGS FINANCIAL, LLC; PHS# 162556 Dear Ms. Werner: I am writing this letter in response to our conversation of December 10, 2007. As we discussed, I have revised your Waiver to stipulate that our office will provide you with notice of the sheriff sale, as well as lien holder notice. Also enclosed, please find an additional copy of the Waiver of right to be named as a defendant in the foreclosure action for Ryan Werner, Kelly Werner, and Christopher Werner. It would be most appreciated if these Waivers are executed and returned to our office on or before December 21, 2007. Please be advised that should we not receive the executed Waivers in a timely manner, it may be necessary to name yourself, as well as Ryan Werner, Kelly Werner, and Christopher Werner, as party defendants in the foreclosure action in order to divest any ownership interest you may have inherited in the mortgaged premises. As always, should you have any questions or concerns, please do not hesitate to contact me directly. Sincerely, n Parkinson 4aegalAssistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JUDITH WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Plaintiff will provide Judith Werner with Notice of Sheriff Sale and lien holder notice via certificate of mailing. Date: Judith Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KELLY WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Kelly Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTOPHER WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Christopher Werner, Heir Of Charles Werner, Deceased By Parent or Legal Guardian * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, RYAN WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Ryan Werner, Heir Of Charles Werner, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162556 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162556 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 #: 162556 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 #: 162556 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 #: 162556 Plaintiff is LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 who are the real owners of the property hereinafter described File #: 162556 3. On 06/26/2002 CHARLES WERNER made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MERITAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1763, Page: 2011. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2007 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. File #: 162556 6. The following amounts are due on the mortgage: Principal Balance Interest $48,762.57 03/01/2007 through 01/15/2008 $5,415.27 (Per Diem $16.87) Attorney's Fees Cumulative Late Charges $1,250.00 06/26/2002 to 01/15/2008 $187.32 Cost of Suit and Title Search Subtotal $550.00 $56,165.16 Escrow Credit Deficit $0.00 Subtotal $1,033.15 $1,033.15 TOTAL $57,198.31 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. 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. File #: 162556 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 11. Mortgagor CHARLES WERNER died on 9/17/2007 and, upon information and belief, his surviving heirs are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. 12. Plaintiff contacted the Register of wills of Cumberland County and was informed as of 1/15/2008, no estate has been raised on behalf of the decedent mortgagor. 13. Plaintiff hereby releases CHARLES WERNER, from liability for the debt secured by the mortgage. 14. Plaintiff does not hold the named Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 162556 15. Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,198.31, together with interest from 01/15/2008 at the rate of $16.87 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 & P NCIS S. HALLINAN,'?ES?`U C DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 162556 LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. BEING known as 105 Frederick Avenue, Carlisle, Pennsylvania 17013. Parcel Number 05-20-1798-300 File #: 162556 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. A orney for Plaintiff DATE: EXHIBIT `6F" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-3352 John.Parkinson(a,fedphe-pa.com John Parkinson Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey March 24, 2008 Judith Werner, Heir Of Charles Werner, Deceased 100 Old Gap Road Carlisle, PA 17013 RE: LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED, ET AL. NO. 08-396 CIVIL TERM Dear Ms. Werner: Enclosed please find Plaintiff's proposed Stipulation to Appoint Guardian Ad Litem for minor defendants, Kelly Werner and Christopher Werner, Heirs of Charles Werner, Deceased, and Acceptance of Service of Complaint. On January 17, 2008, this office filed a civil action naming Kelly Werner and Christopher Werner as party defendants. Because Kelly Werner and Christopher Werner are minor Defendants and are not represented by a guardian, we are required to have appointed a Guardian Ad Litem for them for purposes of these proceedings, so that their interests in this action are properly represented. As you are the parent and natural guardian of Kelly Werner and Christopher Werner, we are requesting that you be appointed Guardian Ad Litem in this action. By consenting to the terms of the stipulation, you will be appointed Guardian Ad Litem for Kelly Werner and Christopher Werner for the purposes of these proceedings, only. You will be accepting service of the complaint filed on January 17, 2008, and all future pleadings, as Guardian Ad Litem for Kelly Werner and Christopher Werner, Heirs of Charles Werner, Deceased. *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Please be advised that neither you, nor Kelly Werner and Christopher Werner, are liable to pay this debt, as you did not sign the mortgage or note. However, you do have the right to bring the loan current. It is Plaintiff's intention to divest Kelly and Christopher's interest in the mortgaged premises in order to take this property to Sheriff's Sale and sell it free and clear to a third party. I realize this may be difficult to understand. Should you have any questions, do not hesitate to contact this office. Please know that should this document not be signed and returned within fourteen (14) days of the date of this correspondence it will be necessary for our office to file a formal motion with the court to request you be appointed Guardian Ad Litem for Kelly Werner and Christopher Werner. Sincerely, P J n Parkinson Legal Assistant *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff LtiJtiul-L ]JANK NATIONAL ASSOCIATION AS TRUSTEE V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. STIPULATION FOR ACCEPTANCE OF SERVICE OF COMPLAINT AND APPOINTMENT OF GUARDIAN AD LITEM It is hereby stipulated by and between Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, by and through its attorney, Francis S. Hallinan, Esquire, and Defendants, KELLY WERNER and CHRISTOPHER WERNER, that: 1. Defendants, Kelly Werner and Christopher Werner, Heirs of Charles Werner, Deceased, hereby accept service of the Complaint filed in the within action on or about January 17, 2008. 2. Plaintiff will provide the 10-day default notice to the defendants, Kelly Werner and Christopher Werner, Heirs of Charles Werner, Deceased, under Pa.R.C.P.237. 3. Judith Werner, hereby consents to her appointment as Guardian Ad Litem of minor defendants, Kelly Werner and Christopher Werner, for the purposes of these proceedings and consents to the terms set forth in this within stipulation. Attached hereto as Exhibit "A" is a Consent to Guardianship executed by Judith Werner. 4. It is hereby agreed that Plaintiff may effectuate notice of sale pursuant to Pa.R.C.P. 3129 upon Judith Werner, Guardian Ad Litem of Kelly Werner and Christopher Werner, Heirs of Charles Werner, Deceased, by regular mail and thereafter filing an Affidavit of Service of same with the Office of the Prothonotary. Date: Date: Francis S. Hallinan, Esquire Attorney for Plaintiff Judith Werner, Guardian Ad Litem for Kelly Werner and Christopher Werner, Heirs Of Charles Werner, Deceased PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff LANALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. CONSENT TO GUARDIANSHIP As Kelly Werner and Christopher Werner are minors, and are not represented by a guardian, the Court is required to appoint a guardian for them upon petition. See Pa.R.C.P. 2031 (b) and 2027. To ensure the interests of Kelly Werner and Christopher Werner will be properly represented, a guardian Ad Litem must be appointed to represent them in the mortgage foreclosure action. Pursuant to this requirement, Judith Werner is the parent and natural guardian of Kelly Werner and Christopher Werner, and Plaintiff requests that she be appointed Guardian Ad Litem in this action. Judith Werner hereby agrees to be appointed Guardian Ad Litem for purposes of these proceedings. Date: Judith Werner, Guardian Ad Litem for Kelly Werner and Christopher Werner, Heirs Of Charles Werner, Deceased EXHIBIT "G" I . • wo o 2 a. Q a ?a V a Boa ii ? O w E O L 6 L 3003 d1Z W083 03111 800z LOAM OL08LzbOOO o9130 $ WL zO S3NL0B AINlid Z 5 J'?'?Od 531?yO ti ti d D b 'o r Q r w It- z ? cd N U Q Q N rM•+ ? .M-1 0 U o U c li 0 04 x ll y 0 111/// .--y r CC3 U N Q.) 0 Q CC .b Q+ as m M r3 M N ? O O Q Un?. °?3 .14 oUxV-o °' a? o o ° r-L U x •N v C. (D V) O fs, O ? O N 0 N N N N N N f V c ) ? 1-LI 1"r? Y'I"1 1"Iy 11.1 a a a a a N M in oo E ? y X C ? EE [ a E o . ?. V O E C.S - y x ?A `T70 E id C O ? y Cl ?E E E y V = fA Q V y U ? O C U 7Ni O V U = O o-' `C vyE.E d w U rc? C C3 N •? 7`J V a'2o°W3 o w C C` w o $ ? 'd o rn C tad' ? CO 'd ? .? v n, .r, . S E E C • X? O ,__, ? 'O U ey vi N -?.? E6N9 v), 0 a E-° a aE N U V V a0 w ,.. 0 0 ?a z; N w ? o ? E .? R? F°- a O O N Yin 1?-I s .1 a VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Motion and Brief in Support thereof, are true and correct to the best of his 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: 5 n. 0C P?A? Jose h . Schalk, Esquire Atto ey for Plaintiff i I1 0 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire ATTORNEY I.D. #91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 ATTORNEY FOR PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for KELLY WERNER and CHRISTOPHER WERNER, and Belief in Support thereof, were sent via first class mail to the following on the date listed below: JUDITH WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 (CONTINUED) CHRISTOPHER WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS OF CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Respectfully submitted, Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff \ ?-?- By:r? Dated: May 7, 2008 Jos P. ch , Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. ALTERNATE ORDER AND NOW, this 'Z?j- ` day of 2008, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Um for defendants, KELLY WERNER and CHRISTOPHER WERNER, HEIRS OF CHARLES WERNER, DECEASED, and any Response thereto, it is hereby ORDERED and DECREED that the Court appoints appropriate counsel as follows: 14 )4 A /70/3 as Guardian Ad Litem for KELLY WERNER and CHRISTOPHER WERNER, HEIRS OF CHARLES WERNER, DECEASED, in the mortgage foreclosure action; and ORDERED and DECREED that Plaintiff shall pay said Guardian the total sum of $250.00 due to said appointment. BY THE COURT: J. -1?Ts - r 4v 00 l ! C5 ?..ti ,1„y 5??? hi t?Z So :01 - Sv/ar/s Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AN ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WEI NER, DECEASED Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-396 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P :LAN HALLINAN & SC , LLP By. ` F CIS S. HALLIN N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: July 21, 2008 File# 162556/jmr, Svc Dept. l ilk) k ?. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HRIBAK CINDY ESQUIRE GUARDIAN AD LITEM FOR KELLY WERNER the DEFENDANT at 0013:53 HOURS, on the 25th day of July , 2008 at 61 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to BRIAN YEAGER LAW CLERK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 7/3 1/0 P ?,.., 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R.rThomas Kline 07/28/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff of A. D. CASE NO: 2008-00396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS WERNER JUDITH ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HRIBAL CINDY ESQUIRE GUARDIAN AD LITEM - CHIRSTOPHER WERNER the DEFENDANT , at 0013:53 HOURS, on the 25th day of July , 2008 at 61 WEST LOUTHER STREET CARLISLE, PA 17013 by handing to BRIAN YEAGER LAW FLERK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?/31?08 ? 16.00 Sworn and Subscibed to before me this day of So Answers: R. Aomas Kline 07/28/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff A. D. 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LaSalle Bank National Associatin as Trustee VS. Judith Werner, Heir Of Charles Werner, Deceased Ryan Werner, Heir Of Charles Werner, Deceased Unknown Heirs, Successors, Assigns And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Charles Werner, Deceased : Court Of Common Pleas Civil Division : Cumberland County : No. 08-396-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated March 3, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on April 21, 2008 and the Cumberland Law Journal on Apn125, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. S Frcis S. Hallinan, squire Date: September 10, 2008 Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Advertising Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 21, 2008 COPY OF NOTICE OF PUBLICATION ?vK Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. "Isl f s " _,. Sworn to and subscribed before me this 21St day of April, 2008. Olt/ il aAJ-'A'-&' /10/17 Notary Pu My commission expires: q11 Ivy COMMONWEALTH OF PENNSYLVANIA Nohaft Seal Chnsdna L. Wdb, Notary Pubic Caudsle Boro, Cw bwiwW Canty My Commission Expires Sept 1, 2008 Member, Pennsylvania Association Of Notaries 1)' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 April 25, 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. isa Marie Co, Editor SWORN TO AND SUBSCRIBED before me this 25 day of April, 2008 Notary ,. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-396-CIVIL TERM LASALLE BANK NATONAL ASSOCIATION AS TRUSTEE VS. CHARLES WERNER NOTICE TO UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIA- TIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER CHARLES WERNER, DE- CEASED: You are hereby notified that on JANUARY 17, 2008, Plaintiff, La- salle Bank National Association As Trustee, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 08-396-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 105 Frederick Avenue, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Apr. 25 m cry ts- PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQUIRE IDENTIFICATION NO. 62695 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 (215) 563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. PRAECIPE TO DROP PARTY DEFENDANT AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, by and through its attorney, Francis S. Hallinan, Esquire, hereby releases Defendants, KELLY WERNER and CHRISTOPHER WERNER, in accordance with Pa. R.C.P., Rule 1144(b), as Party Defendants in the within foreclosure action as they have waived their right to be named as a defendant. After Plaintiff filed its Complaint on January 17, 2008, Plaintiff's counsel received a Waiver by Heir of Right to be Named as a Defendant in Foreclosure Action from KELLY WERNER and CHRISTOPHER WERNER. Said waiver is attached as Exhibit "A". Plaintiff is proceeding solely against defendant, JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED; RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED; and the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED. PHELAN HALLINAN & SCHMIEG, LLP. Date: By: 4 41-- Francis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLMAN, ESQUIRE IDENTIFICATION NO. 62695 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 (1.5) 563-7000 LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE CIVIL DIVISION V. NO. 08-396 CIVIL TERM JUDITH WERNER, HEIR CUMBERLAND COUNTY OF CHARLES WERNER, DECEASED ET AL. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Release defendants, KELLY WERNER and CHRISTOPHER WERNER, was sent via first class mail to the following on the date listed below: CINDY L. HRIBAL, ESQUIRE 61 WEST LOWTHER STREET CARLISLE, PA 17013 JUDITH WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 (CONTINUED) UNKNOWN HEIRS OF CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 q By: Date: Francis S. Hallinan, Esquire Attorney for Plaintiff EXHIBIT "A" PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KELLY- WERNER, Heir of CHARLES WERNER, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage secured on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: > ©1? ? /''?J e y We r, Heir U7lZ- Of h les Werne , Dec ased By Parent or Guardian jA,??? f-?7/?Z f ?C? C r G'?•? * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. ESTATE OF CHARLES WERNER, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTOPHER WERNER, Heir of CHARLES WERNER, DECEASED, i,, . waive my right to be named as a defendant in a foreclosure action which may be institi.dt«:°.i 1'Y LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE involving a mortgage ?ccw'-' ' on premises 105 FREDERICK AVENUE, CARLISLE, PA 17013, which property w,I decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of pros; o OIL: Sheriff's sale, and understand that any interest I may have in the mortgaged premises . divested upon completion of the foreclosure action. Date: vi tnaries-werner Dece BYC'?' "G Parent or uardian 4 :r ? .. f J 'e J n?:t ! rf e ? * This firm is a debt collector. Any information we receive will be used for that purj )f y personal liability for the debt has been discharged in bankruptcy, we are only proceeditl; the real estate secured by the mortgage. 0 -Ti , NO C=D CM? C) c Coo .Q C .' rn 0 L. M Q Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE VS. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 Attorney for Plaintiff :CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-396 CIVIL TERM UNKOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED and RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED and UNKOWN HEIRS, SUCCESSORS, ASSIGNS,, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 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 - 01/16/2008 TO 09/23/2008 TOTAL $57,19831 $4,251.24 $ 61,449.55 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. && Daniel G. Schmieg, Esquire -/ Attorney for Plaintiff DAMAGE /A W HEREBY ASSESSED AS INDICATED. s DATE: PHS# 162556 PRO PROTHY O KZ .. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE VS. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-396 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 JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED is over 18 years of age and resides at 100 OLD GAP ROAD, CARLISLE, PA 17013. (c) that defendant RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED is over 18 years of age, and resides at 100 OLD GAP ROAD, CARLISLE, PA 17013. (d) that defendant UNKOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED is over 18 years of age, and resides at105 FREDERICK AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. SchmieS, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-396 CIVIL TERM CUMBERLAND COUNTY TO: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 DATE OF NOTICE: September 10, 2008 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 162556 PHELAN HALLINAN & SCHMIEG, LLP By: 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-396 CIVIL TERM CUMBERLAND COUNTY TO: RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 DATE OF NOTICE: September 10, 2008 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 162556 PHELAN HALLINAN & SCHMIEG, LLP By: 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-396 CIVIL TERM CUMBERLAND COUNTY 3 Mg ? + f? Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA. 17013 DATE OF NOTICE: September 10, 2008 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 RICCO Legal Assistant PHS # 162556 40 Z1 a, Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** (Rule of Civil Procedure No. 236) - Revised LASALLE BANK NATIONAL ASSOCIATION :CUMBERLAND COUNTY AS TRUSTEE : COURT OF COMMON PLEAS VS. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 : CIVIL DIVISION : NO. 08-396 CIVIL TERM RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Notice is given that a Judgment in the above captioned matter has been entered against you on E?Ig a0 , 2008. By: /?j 0, " d' -. P r. - DEPUTY PC(s If you have any questions concerning this matter please contact: (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s). No. 08-396 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in.the above matter: Amount Due $61,449.55 %/ Interest from 9/24/08 TO 3/4/09 $1,636.20 and Costs (per diem -$10.10) Add'1 Costs $4,741.88 TOTAL $67,827.63 ANIEL ASCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kcnncdy Boulcvard, 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. 162556 A q Oca4w dv'?wW wdaaV w?'?Ha w? qA'? a wa w ???°? OW ?? wW w O ?zZ y U ??U w? dO c?VmOW 00 moo 0 a a? aa0 rig ? o 4 v, vs ? .,.0 #O wS z? o? c f f' ? ° ? x i s t t ? A 0 U W ? o? F c Ot w? a a r Q w o. ° o F r th R R d en O r M !? ? M w? a V? ?+ V ?A A O? So kn F a a -UCJ3 - Ln, n p /_ k LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by al0 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thenR: c along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner o f said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, husband and wife, dated 06/26/2002, recorded 06/28/2002. Deed Book 252, page 2018. PREMISES BEING: 105 FREDERICK AVENUE, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-300 C .-,.. rn,z _ ... --s-..C. 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION JUDITH WERNER, HEIR OF CHARLES NO. 08-396 CIVIL TERM WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, . ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s). 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: ( ) 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, ESQUIRE Attorney for Plaintiff C rs ? cp nib 2f -a Go 13T 7?5 :11 ?{+1? C:) t W *ft LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, v. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, 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 3105 FREDERICK AVENUE, 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) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 105 FREDERICK AVENUE CARLISLE, PA 17013 100 OLD GAP ROAD CARLISLE, PA 17013 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 all 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) PNC Bank, National Association 2730 Liberty Avenue Pittsburg, PA 15222 Steven C. Boyer and Debbie J. Boyer 31 Belair Drive Dillsburg, PA 17019 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program reasonably ascertained, please indicate) 105 FREDERICK AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 t ties. October 21, 2008 I?`?' - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rv c? ? ? r"" n-i r_ cs? ' ai Fn ' t ura -< r LASALLE BANK NATIONAL ASSOCIATION AS CUMBERLAND COUNTY TRUSTEE v. Plaintiff, JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s). ['0: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 No. 08-396 CIVIL TERM October 21, 2008 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAEVIING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMA77ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN I?A V KR? %PT CY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ,1 TTI;MI'T TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 105 FREDERICK AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 4. 2009 at 10:00 a.m. in the Cumberland County C'ourtllouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of 61449.55 obtained by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against ti oa. 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 'I'o 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. Z. 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 ft gNd cause pe a t e le ? . 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 Sheri a f ," i thin 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 I3.ELOW 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 :r (717) 249-3166 LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner of. said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, husband and wife, dated 06/26/2002, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FREDERICK AVENUE, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-300 C5 0 ? CO i rs s } v r-a 9 ; r a c) r -0 4 r r,> 3 c:= WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-396 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff (s) From JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED (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 $61,449.55 Interest FROM 9/24/08 TO 3/4/09 (PER DIEM- $10.10) Atty's Comm % Atty Paid $510.40 Plaintiff Paid Date: October 22, 2008 L.L.$.50 $1636.20 AND COSTS Due Prothy $2.00 Other CostsAdd'l Costs $4741.88 Cu R. Lon onota (Seal) REQUESTING PARTY: Deputy Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff By: Telephone: (800) 990-9108 AFFIDAVIT OF SERVICE -=No-saw PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED SERVE JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED AT: 100 OLD GAP ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-396 CIVIL TERM ACCT. #162556 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to 1-u 0 in, yyyiui /q , Defendant, on the (s'r day ofbcAtz(z 200'(, at S ^50 . o'clock f .m., at (00 OG D CZ}p Rb4p, 3A LISI,F- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is 56 N . Adult in charge of Defendant(s)'s residence who refused to give name or relationship. _T 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 1 S?'D Race Sex t?/t Other I, 16N'41(.A NO 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. Sworn to and subscribed before me this Is" day of OEcCM 6200Z Notary By: PLEASE ATTE T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. N'CARY PUBLIC IS NOT SERVED TREO JERSEY On ths E --OF ? apt2512012 , 200_, at o'clock -.m., Defendant NOT FOUND because: c ;mss t,3'{ COMMISSION vUnknown No Answer Vacant 1St Attempt: / i Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff DANIEL G. SCHIVIIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 ?a i ? s•?i C? COUNTY PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED SAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED SERVE RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED AT: 100 OLD GAP ROAD CARLISLE, PA 17013 CUMBERLAND No. 08-396 CIVIL TERM ACCT. #162556 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to RIJh-IJ k/ k N F-x n Defendant, on the day of 'bt=CC-4U8 F, , 2001 ai 5:24) o'clock¢.m., at 100 OLD G*P Re?b, CIQ72(?lS(,t , Commonwealth of Pennsylvania, in the manner described below: V 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 J_q Height Weight -LVD Race ?l1 Sex _ lL Other I, RO MAI-P 1 VW LL- a competent adult, being duty 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. Sworn to and subscribed before me this 15fday of k:r: 8 &(L 2002j. Notary: By: PLE E ATTE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE OTARY ?pHARRC SEs Y ATTEMPTED. THNODORS • VBE NOT SERVED On the S,Qia ?s 1of2512012 200, at o'clock _.m., Defendant NOT FOUND because: EX SOWSS10N ° Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day 62205 of 200_. 1400 Notary: By: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. One Penn Center at Suburban Station, Suite 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 5: C- v i CPn tL7 9 } Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED ET AL. CIVIL DIVISION NO. 08-396 CIVIL TERM Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED, on December 11, 2008 at 105 FREDERICK AVENUE, CARLISLE, PA 17013-0000, in accordance with the Order of Court dated MARCH 3, 2008. The property was posted on DECEMBER 26, 2008. Publication was advertised in THE SENTINEL on DECEMBER 16, 2008 & in THE CUMBERLAND LAW JOURNAL on DECEMBER 19, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: T) QA?kt C-1. <?Umyvjx? DANIEL G. SCHMIEG, ESQUIRE Dated: January 23, 2009 TED 2 8 200E . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION' AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED ET AL. COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM CUMBERLAND COUNTY ORDER AND NOW, this day of Mla&ck '2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), and by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises 105 FREDERICK AVENUE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT: I IS 00 pv " ,"Iooy Wes, `? aid t onto JW ty €?3r r t Id r, ?+, ?yo . Z PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 16, 2008. COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. r. n Sworn to and subscribed before me this My commission expires: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 December 19, 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. Lis 'e Coyne, Edit SWORN TO AND SUBSCRIBED before me this 19 day of December, 2008 Q. !N? Cl- Notary NOTARIAL SEAL DEBORAH A COLLINj Notary Public CARLISLE BORO, CUMBERLANMY Commission Expires Apr CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-396 CIVIL TERM LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED ALL THAT following described lot of ground situate, lying and being in CARLISLE TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex Bowman, now or formerly of Charles B. Strayer; and on the West by a 10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the lat- ter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, hus- band and wife, dated 06/26/2002, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FRED- ERICK AVENUE, CARLISLE, PA 17013. PARCEL NO. 05-20-1798-300. Your house (real estate) at 105 FREDERICK AVENUE, CARLISLE PA 17013 is scheduled to be sold at the Sherif's Sale on MARCH 4, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $61,449.55 ob- tained by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, (the mortgagee), against your Prop. sit. in the City of CARLISLE, County of CUMBERLAND, and State of Penn- sylvania. Being Premises: 105 FREDERICK AVENUE, CARLISLE PA 17013. Improvements consist of residen- tial property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR 10 CUMBERLAND LAW JOURNAL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DE- CEASED. TERMS OF SALE: The purchaser at the sale must take ten (10°/i per- cent down payment of the bid price or of the Sheriffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Dec. 19 11 7178 2417 6099 0015 1585 4/KXL UNKNOWN HEIRS 105 FREDERICK AVENUE CARLISLE, PA 17013-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) W . USPS - Track & Confirm Page 1 of I l1A(IrEDSTA POSTALSERWEe Home I Help Mort Track & Confirm Track Confirm Search Result Label/Receipt Number: 7178 2417 6099 00151585 Detailed Results: Track & COofirmn • Delivered, December 29, 2008, 8:16 am, PHILADELPHIA, PA 19103 Enter Label/Receipt Number. • Arrival at Unit, December 29, 2008, 3:23 am, PHILADELPHIA, PA I 19104 • Undeliverable as Addressed, December 22, 2008, 1:18 pm, CARLISLE, PA 17013 • Undeliverable as Addressed, December 13, 2008,1:36 pm, CARLISLE, PA 17013 • Acceptance, December 11, 2008,4:57 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, October 21, 2008 ?? I?? tet ?,r tic ?Iema > ticaliion Options Return Receipt (Electronic) Verify who signed for your item by email. of Site May Contact Us Forms Govt Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. 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IP{ E 191 R? d R w n ? ag A ? a ? o D9 L O A A O 0 (?D n a Ob O' O" ?Z n t~ ?•d AFFIDAVIT OF SERVICE PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED PLEASE POST FOR UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED AT: 105 FREDERICK AVENUE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-396 CIVIL TERM ACCT. #162556 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to U"--001 Defendant, on the Z? day of -Z?gc ,200 at 3('o o'clock?m.,at IDS 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: POST-i-n) Description: Age Height Weight Race Sex Other I, r' A4Z MOLL,,, , 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. Sworn to and subscribed before me this ?t% y of . bst 200 Notary: By: ASE A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE . HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED MftdMULq KM_EApS4 10a5l2012 .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1ST Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200. _Notary: By: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?? °i77 .ca -r9 µ 71 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED ET AL. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED, on December 11, 2008 at 105 FREDERICK AVENUE, CARLISLE, PA 17013-0000, in accordance with the Order of Court dated MARCH 3, 2008. The property was posted on DECEMBER 26, 2008. Publication was advertised in THE SENTINEL on DECEMBER 16, 2008 & in THE CUMBERLAND LAW JOURNAL on DECEMBER 19, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: ?ja9C? S DANIEL G. SCHMIEG, ESQUIRE Dated: January 23, 2009 E8 3 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED ET AL. AND NOW, this 2XCL COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM CUMBERLAND COUNTY ORDER day of ftbmck , 2008, upon consideration cif' Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), and by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises 105 FREDERICK AVENUE, CARLISLE, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to he done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY THE COURT: unto W My fwf)0 of t9r?fi? f+?ffl't qt PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 16, 2008. COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. 1 U Sworn to and subscribed before me this (ems tiCJ ?? ;Y%lflt Q C..CZ/ILGC? Notary Public My commission expires: NOTARIAL SEAL BONITA A CANUP Notary Public :ARI ISLE BOROUGH, CUMBERLAND COUNTY MY Commission Expires Jun B, 2009 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 Lis 'e Coyne, Edit SWORN TO AND SUBSCRIBED before me this 19 day of December, 2008 Notary ----LCARLISLE OTARIAL SEAL RAH A COLLINS otary Public O, CUMBERLAND COUNTY on Expires Apr 28, 201 0 COMMONWEALTH 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 December 19, 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-396 CIVIL TERM LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED ALL THAT following described lot of ground situate, lying and being in CARLISLE TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex Bowman, now or formerly of Charles B. Strayer; and on the West by a 10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the comer of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the lat- ter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, hus- band and wife, dated 06/26/2002, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FRED- ERICK AVENUE, CARLISLE, PA 17013. PARCEL NO. 05-20-1798-300. Your house (real estate) at 105 FREDERICK AVENUE, CARLISLE PA 17013 is scheduled to be sold at the Sheriff's Sale on MARCH 4, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $61,449.55 ob- tained by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, (the mortgagee), against your Prop. sit. in the City of CARLISLE, County of CUMBERLAND, and State of Penn- sylvania. Being Premises: 105 FREDERICK AVENUE, CARLISLE PA 17013. Improvements consist of residen- tial property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR 10 CUMBERLAND LAW JOURNAL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DE- CEASED. TERMS OF SALE: The purchaser at the We must take ten (10°/4 per- cent down payment of the bid price or of the Sheriffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Dec. 19 11 Nil ullll I INllll llllllll?a? 7178 2417 6099 0015 1585 4/KXL UNKNOWN HEIRS 105 FREDERICK AVENUE CARLISLE, PA 17013-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Track & Confirm Search Resufts Label/Receipt Number: 7178 2417 6099 0015 1585 Detailed Results: • Delivered, December 29, 2008, 8:16 am, PHILADELPHIA, PA 19103 • Arrival at Unit, December 29, 2008, 3:23 am, PHILADELPHIA, PA 19104 • Undeliverable as Addressed, December 22, 2008, 1:18 pm, CARLISLE, PA 17013 • Undeliverable as Addressed, December 13, 2008,11:36 pm, CARLISLE, PA 17013 ¦ Acceptance, December 11, 2008,4:57 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, October 21, 2008 '?<Bac?lr A'et s? IMPS. lfanre a? action optima Return Receipt (Electronic) Verify who signed for your item by email. Page 1 of 1 Track & Confirm Traffic & Corer ?En'tte'rL'abel/Receipt Number. i May Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 1/9/2009 STATES Home I Helo ?? o U ?N = C ?o oo ?l aN vi A w N r r? p Z C ? a o ?? d? c n b ;tid ro?-i CPIA y A A?AC ? ? ? O n p Ye ? 00 or o "? p rA ? V1 O ? Cr1 C/? A a `° R ?+ ego m v` v y D n A r'o 'd 0? I^i AI O t CC VIA A O b ha?+ r 0 ? U Bw ? A A A A7 A dm M Q ? a `I? Q? b p Q+? ? Nm• ? C V? ??•3 PA , b 1 w y yz ; e? rA c? ?° y d 5 . a (10 0 d C) tv y y C C t:i t zi a w Q < p b V A n ro id .ri y'C H N tr+, to c tTl " Gm pp ?A ? a? g? -Fag `C ? t b ?? .. a c 04 00 ? a ? ? ? g ? o u. w m' g = g w?°E. p ' ? O- ?G ? O A A ?.? ?7 N IQ N w yy ? N 7 6 ° N C ? L44 V N?? B O ? `/y V1 c c, b Q ? r p, l J Q . a b7 O e L?.ag• ?8= CAA n? A w ?y M S?On? 4 - e A c ? 02 . o 0 1M } 000421801 DE 20 r I C3 L' MAILED FROI a 6' $ A P{ Z E 191 3 . n c? g r b < y. b Q .n c A Y eB ego ? eap ? p ? c. b O. cP O P ' !xi CD C a CD c ?a 00 0 A? a °o y z x O O CD lroD n N c• c? ? n r r b AFFIDAVIT OF SERVICE PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED PLEASE POST FOR UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED AT: 105 FREDERICK AVENUE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-3% CIVIL TERM ACCT. #162556 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to L1N?Cw?+u G? , Defendant, on the Z? day ofc 1=?2r.?D 2euL A-? ? C? l.?? s , 20A a t 3: ( ) , o' clock ?!.m., a t I D S 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,Qfsaid Defendant(s)'s company. Other. OS z7 V3 to i `r Description: Age Height Weight Race Sex Other I, ?,c,r,447 ffimLL. -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. Sworn to and subscribed before me this ?t% y of L , 2001 Notary: By: "'LEASE A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE -=;. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED MftdIMAISSION r_A"*&40 3:6201,2 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant lst 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. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 /;I- X77 -oft + f ?Xd rti 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Court of Common Pleas Civil Division CUMBERLAND County No. 08-396 CIVIL TERM Defendants 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: Plaintiff commenced this foreclosure action by filing a Complaint on January 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on September 24, 2008 in the amount of $61,449.55. 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 March 4, 2009. 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 Interest Through March 4, 2009 Per Diem $16.87 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 TOTAL 6 $48,762.57 $11,532.29 $610.94 $2,675.00 $2,746.88 $0.00 $584.75 $493.00 $0.00 $0.00 ($0.00) $2,406.81 $69,812.24 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. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's 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 Defendant on January 27, 2009 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. Phelan Hallinan & Schmieg, LLP DATE: / Z 1S By: r Michele M. Bradford, Esquire 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Court of Common Pleas Plaintiff Civil Division V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED CUMBERLAND County No. 08-396 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE CHARLES WERNER 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 105 FREDERICK AVENUE, 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. 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 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 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. 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: 12,-74 BY: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 L215) 563-7000 162556 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 -,34(p Cm I Tem CUMBERLAND COUNTY 'n i N o i- ?' -- m C Ne hereby certify i* Witfiin to be a. true and co correct copy of the riginal filed Of recorc ATTORNEY FILE COP'; PLEASE RETURN . CAVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162556 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 Filc S: 162556 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 #: 162356 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 N: 162556 1. Plaintiff is LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 KELLY WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 CHRISTOPHER WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 who are the real owners of the property hereinafter described File #: 162556 3. On 06126/2002 CHARLES WERNER made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MERITAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1763, Page: 2011. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2007 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. File N: 162556 6. The following amounts are due on the mortgage: Principal Balance $48,762.57 Interest $5,415.27 03/01/2007 through 01/15/2008 (Per Diem $16.87) Attorney's Fees $1,250.00 Cumulative Late Charges $187.32 06/26/2002 to 0IA 5/2008 Cost of Suit and Title Search 550.00 Subtotal $56,165.16 Escrow Credit $0.00 Deficit $1,033.15 Subtotal $1,033.15 TOTAL $57,198.31 7. 8. 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. 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. File #: 162556 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 11. Mortgagor CHARLES WERNER died on 9/17/2007 and, upon information and belief, his surviving heirs are JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER. 12. Plaintiff contacted the Register of wills of Cumberland County and was informed as of 1/I5/2008, no estate has been raised on behalf of the decedent mortgagor. 13. Plaintiff hereby releases CHARLES WERNER, from liability for the debt secured by the mortgage. 14. Plaintiff does not hold the named Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File N: 162556 15. Defendants, JUDITH WERNER, RYAN WERNER, KELLY WERNER, and CHRISTOPHER WERNER have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,198.31, together with interest from 01/15/2008 at the rate of $16.87 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 & F CIS S. HALLINAN,tS&UJ DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 162556 LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by al0 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the comer of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. BEING known as 105 Frederick Avenue, Carlisle, Pennsylvania 17013. Parcel Number 05-20-1798-300 File #: 162556 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. A orney for Plaintiff DATE: I - 4 Exhibit "B" -"helan Hallinan & Schmieg, LLP By: Daniel G. Schmie& Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 LASALLE BANK NATIONAL ASSOCIATION AS ; CUMBERLAND COUNTY TRUSTEE vs• : COURT OF COMMON PLEAS JUDITH WERNER, HEIR OF CHARLES WERNER, CIVIL DIVISION DECEASED 100 OLD GAP ROAD NO. 08-3% CIVIL TERM CARLISLE, PA 17013 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED. 100 OLD GAP ROAD? ry C7 gZ d m° n CARLISLE, PA 17013 rnm UNKOWN HEIRS, SUCCESSORS, ASSIGNS, AND J? t_ N - ALL PERSONS, FIRMS, OR ASSOCIATIONS 4 t CLAIMING RIGHT, TITLE, OR INTEREST T i ^. -n FROM OR UNDER CHARLES -! Z WERNER, DECEASED 1 105 FREDERICK AVENUE -? w CARLISLE, PA 17013 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against (;HARI,F WERNER, DECEASED 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 Cod $57,19831 Interest - 01/16/206M 51.24 TOTAL $ 61,449.55 I hereby certify that (1) the addresses of dant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Ae&rw X, 6/g- lzz oG. Daniel G. Schmieg, Esquire Attorney for Plaintiff' DAMAGES EREBY ASSESSED AS INDICATED. DATE: - ?• PASa 162556 PRO PROTHY Exhibit "C" y Q. ? C ? W 1?1 G ? C/1 V1 e+ N N ? a 0 cr fD ?t <z d z » 0-4 y ? ro? 00 y to fb Y d Y.+ ril 3 ° > z ox A c a ? a? ? y z ego y a a b ? U c BOO o y a ?c d < r rl Cr1 y? na 0 -r 0 n $ o n W . K1 n' rn ?PVYNt 02 1M 00042 22 18010 JAN MAILED FROM ZIP CODE 19103 3 tom ?az ? a 9 eo fD ? H a ? d. 2 b C o? S ti ? ? )-ito 'd z r r a n x Cr7 r Cl\ 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. Phelan Hallinan & Schmieg, LLP DATE: 7? By: _ 14- Michele M. Bradford, 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 (215) 563-7000 LASALLE BANK NATIONAL ASSOCIATION Court of Common Pleas AS TRUSTEE Plaintiff Civil Division V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendants CUMBERLAND County No. 08-396 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. UNKNOWN HEIRS JUDITH WERNER JUDITH WERNER RYAN WERNER RYAN WERNER 100 OLD GAP ROAD 105 FREDERICK AVENUE CARLISLE, PA 17013 CARLISLE, PA 17013 DATE: t 2-7/057 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ??? ?? W c ?, ? -?C . .3 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM 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: 105 FRFDRRIC'K AVF.NITF._ C:AR1,19 P, 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 DANIEL G. SC G, ESQUI Attorney for Plaintiff Date: February 3, 2009 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cnld in the ahcence of a repr sen a ive 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. 162556 {I , w a 44 44 o d a O ° YI P b (£ laL 3 21.i01311VW 1 N 08 09 MFOO0 Wl ZO ?. o O H o ? l t d O -4 i .? ^ W ? ? ; A, O N ° ^ a 4 p ' a n •? O -M, 1 ? " ° 3f ? •? '? ? p? ?' ? j o eg ? W H ? ? ? F-? ? c Cci ? U A z ?o 30 4 o a 5 0 v a ° ISO x 0 A i got -d ? ? ? ? A U ? V?o,$a Aa a va v .? K E z ? d h ? l .J r ? w ?s a r- co 0% r-3 4=2-? TOP LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF V. UNKNOWN HEIRS, JUDITH WERNER, RYAN WERNER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0396 CIVIL ORDER OF COURT AND NOW, this 6'h day of February, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before February 27, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - Michele M. Bradford, Esquire Attorney for Plaintiff known Heirs Judith Werner Ryan Werner 105 Frederick Avenue Carlisle, PA 17013 ,-1'00 Old Gap Road Carlisle, PA 17013 bas A Cop i '" rn.a c Liz?c l \o'U" M. L. Ebert, Jr., J. 9? : T I W 9` 93J UIZ AdViONU iCW 3HI JO ;03:;4{ -C 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 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff Court of Common Pleas Civil Division V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendants CUMBERLAND County No. 08-396 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 February 27, 2009 was sent to the following individual on the date indicated below. UNKNOWN HEIRS JUDITH WERNER RYAN WERNER 105 FREDERICK AVENUE CARLISLE, PA 17013 JUDITH WERNER RYAN WERNER 100 OLD GAP ROAD CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: ?-// zX By: Michele M. Bradford, Esquire Attorney for Plaintiff r.a - W r'r7 -13 ?' "7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which LASALLE BANK N A TR is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 22 day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 396, at the suit of LASALLE BANK N A TR against JUDITH WERNER, RYAN WERNER & CHARLES WERNER ESTATE is duly recorded as Instrument Number. a 6cq 13 3(pL IN TESTIMONY WHEREOF, I have her unto set my hand and seal of said office this 6? day of A.D. oz? of Deeds KWOMx of r4AS' C=b d&W COW* CWT. PA MY ConwHit WEVMtwFlntMw4aydJwL2M LaSalle Bank National Association as In The Court of Common Pleas of Trustee Cumberland County, Pennsylvania VS Writ No. 2008-396 Civil Term Judith Werner, Heir of Charles Werner, Deceased Ryan Werner, heir of Charles Werner, Deceased Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Association Claiming Right, Title or Interest From or Under Charles Werner, Deceased Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on November 14, 2008 at 1550 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: Judith Werner and Ryan Werner, Heirs of Charles Werner, Deceased, by making known unto Ryan Werner personally and adult in charge for Judith Werner, at 100 Old Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made diligent search and inquiry for the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Charles Werner, Deceased, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND. The residence at 105 Frederick Ave., Carlisle, Cumberland County, Pennsylvania is vacant. Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 16, 2009 at 1025 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 Judith Werner and Ryan Werner, Heir of Charles Werner, Deceased located at 105 Frederick Ave., 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: Judith Werner and Ryan Werner, Heirs of Charles Werner, Deceased, by regular mail to their last known address of 100 Old Gap Road, Carlisle, PA 17013. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs 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 March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $40,000.00 to Attorney Daniel Schmieg, on behalf of LaSalle Bank National Association as Trustee, of 1100 Virginia Drive, Fort Washington, PA 19034 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 5,500.00 Sheriff s Costs: Docketing $30.00. Poundage 800.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 30.00 Surcharge 50.00 Post Pone Sale Law Journal 401.00 Patriot News 411.08 Share of Bills 15.52, Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 1,941.60 So Answers: -j?...rw?C R. Thomas Kline, Sheriff By Real Estate Coordinator az,k, d-t? 'IV ClL, 4.9D?3 F LED t CF TE 3 I. 2169 AP13 23 A, e a' 11 r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-396 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff (s) From JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED (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 $61,449.55 Interest FROM 9/24/08 TO 3/4/09 (PER DIEM- $10.10) Atty's Comm % Atty Paid $510.40 Plaintiff Paid Date: October 22, 2008 (Seal) REQUESTING PARTY: Curti 4Long, P ary By: Deputy Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 L.L.$.50 $1636.20 AND COSTS Due Prothy $2.00 Other CostsAdd'I Costs $4741.88 Attorney for: Plaintiff Telephone: (800) 990-9108 Real Estate Sale #4 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 105 Frederick Ave., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2008 By: Real Estate Sergeant LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-396 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, 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 •105 FREDERICK AVENUE. 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) JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR '(_ NTl)FR CHARLES WERNER, RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 105 FREDERICK AVENUE CARLISLE, PA 17013 100 OLD GAP ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 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) PNC Bank, National Association 2730 Liberty Avenue Pittsburg, PA 15222 Steven C. Boyer and Debbie J. Boyer 31 Belair Drive Dillsburg, PA 17019 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. une 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 Tenant/Occupant _)omestic Relations of Cumberland County #.''ommonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Hureau of Individual Tax Inheritance Tax Division rn ?rnaf Revenue Service ?` ederated Investors Tower Department of Public Welfare '1 PL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 105 FREDERICK AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 1)ewilties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification t 'ties. `')ctober 91 x008 W1?A 11 DANIEL GESQUIRE Attorney for Plaintiff ` y LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE' Plaintiff, V. CUMBERLAND COUNTY No. 08-396 CIVIL, TERM JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED Defendants). O: JUDITH WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 October 21, 2008 RYAN WERNER, HEIR OF CHARLES WERNER, DECEASED 100 OLD GAP ROAD CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLABUI NG RIGHT, TITLE, OR INTEREST FROM OR UNDER CHARLES WERNER, DECEASED 105 FREDERICK AVENUE CARLISLE, PA 17013 ry` *7'HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION ,)8T >NED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN UPTICYAND THIS DEBT WASNOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE "T TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 105 FREDERICK AVENUE, CARLISLE% PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 4. 2009 at 10:00 a.m. in the Cumberland County 'o m1house, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 61449.55 obtained by LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against u, it the event the sale is continued, an announcement will be made at said sale in compliance with .,.;..°., yule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE : prevent this Sheriffs Sale, you must take immediate action: i. 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. 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 nd 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 ry tr4mtion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This A:,edule will state who will be receiving that money. The money will be paid out in accordance with a :7-hed le unless exceptions (reasons why the proposed distribution is wrong) are filed with the °•,vp thin 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 m- nediately after the sale. a 0 li' SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE _ AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED F "''0 FIND OUT WHERE YOU CAN GET LEGAL HELP. 30PORTANT 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 . ? p= 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 COUN'T'Y COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DE§'C1TP T 1Ox ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Bbrough' of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by al0 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the comer of Tract One herein; thence along Tract One herein, souhwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the comer of. said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the comer of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, husband and wife, dated 06/26/2002, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FREDERICK AVENUE, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-300 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff s Sale No. 4 held March 4, 2009 EFFECTIVE DATE: March 4, 2009 PREMISES: 105 Frederick Avenue, Borough of Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 05-20-1798-300 (the "Premises") RECITAL: Being the same premises which Steven C. Boyer and Debbie J. Boyer, husband and wife, by their Deed dated June 26, 2002 and recorded June 28, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 252, Page 2018, granted and conveyed unto Charles Werner, single individual. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to the spousal rights, if any, of any spouse or surviving spouse of Charles Werner. -2- 21. Subject to the rights, if any, of any beneficiaries or heirs of Charles Werner and defects associated with failure of notice upon such beneficiaries or heirs of the mortgage foreclosure action. 22. Mortgage in the amount of $50,400.00 from Charles Werner to Meritage Mortgage Corp. dated June 26, 2002 and recorded June 28, 2002 in Mortgage Book 1763, Page 2011, assigned December 2, 2008 to Instrument No. 200838411 to LaSalle Bank, N.A. 23. Mortgage in the amount of $2,800.00 from Charles Werner to Steven C. Boyer and Debbie J. Boyer, husband and wife, dated May 11, 1998 and recorded June 28, 2002 in Mortgage Book 1763, Page 2032. 24. Subject to the lien of any unpaid inheritance or estate tax, if any. 25. Subject to the lien, if any, of any benefits received by Charles Werner from the Pennsylvania Department of Public Welfare. 26. Judgment against Judith Werner, heir of Charles Werner, deceased, Ryan Werner, heir of Charles Werner, deceased and unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under Charles Werner, deceased in the amount of $61,449.55 entered September 24, 2008 to No. 2008-396 in favor of LaSalle Bank National Association. 27. Subject to the Grant Agreement recorded in Miscellaneous Book 418, Page 213. 28. Subject to the rights of others in and to that portion of the Premises adjoining or within Frederick Avenue and the private alley located between West North Street and West Locust Alley. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: I` Keith O. Brenneman -3- REAL ESTATE SALE NO. 4 Writ No. 2008-396 Civil LaSalle Bank National Association as Trustee VS. Judith Werner, Heir of Charles Werner, Deceased Ryan Werner, Heir of Charres Werner, Deceased and Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or under Charles Werner, Deceased Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL those two certain tracts of land with the improvements thereon situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a 10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the lat- ter, westwardly, a distance of 5 feet to the corner of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley: thence along the latter, westwardly, 17 feet to a point at the corner of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Bover, hus- band and wife, dated 06/26/200, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FRED- ERICK AVENUE, CARLISLE, PA 17013. PARCEL NO. 05-20-1798-300. EXHIBIT A The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXews 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 This ad ran on the date(s) shown below: REAL ESTATE SALE NO.4 01/21/09 Writ No. 2006-396 CM Tom LaSalle BankWational 01 /28109 Association as 7hatee VS 02/04/09 Judith Warner; Heir dlf Charles Werner, Deceaesd Ryan Warner, Heir of Charlo@,WWner, Dsrtsased and Unie wn Heirs, Per o ons Sworn to an 'su gibed before me this 25 day of February, 2009 A.D. ? ns Finne, or Aesacl??? Cbimiing ffightlue or Interest from or under Charles Warner, Deceased Attorney Daniel Schmiag Notary Public t LEGAL %PCRWMN ALL those two =in tracts of land with the COMMONWEALTH OF PENNSYLVANIA improvements them situate the Fourth ward ?°-" Notarial seal of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as Sherrie L <Nner Notary Public follows: City OP Hartishurg, Dauphin County TRACT ONE: Nly Co rnwsr expires Nov. 20,2M 1 On the North by a 10 foot alley; on the East by Me~, Pennsylvania Association of NOtarles Tract Two herein on the South by a lot formerly of Alex Bowman, now or formerly of Charles B. Strayer; and on the West by a10 foot alley. CONTAINING 51 feet, more or less, on the alley running East and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which nuns between West North Street and West Locust Alley, parallel to said street and alley, which point is at the comer of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, northwardly, 18 feet to a point; at the southern wall of a brick garage now or formerly of Jesse B. Brown; thence along the latter, westwardly, a distance of 5 feet to the cow of said garage; thence by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, l feet t©a point at the comer of Tract one herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. coyer, husband and wife, dated 06/2N1002, recorded 06128/ 2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FREDERICK AVENUE, CARLiSLE,'PA 17013 PARCEL NO. 05-20-1798-300 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_:_ January 30, February 6, and February 13, 2009 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. Coyne, Editor SWORN TO AND SUBSCRIBED before me this 2 9 3 day of February 13, Z??. ?' Notary ?a NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Fjka AATS &ALi 110.4 Writ No. 2008-396 Civil LaSalle Bank National Association as Trustee VS. Judith Werner, Heir of Charles Werner, Deceased Ryan Werner, Heir of Charles Werner, Deceased and Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or under Charles Werner, Deceased Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL those two certain tracts of land Wfth the improvements tlmvon a t ate in the Fourth Ward of the Borough of Carlisle, Cumberland CatvW, P noxylvania, bounded and described as follows: TRACT ONE: On the North by a 10 foot alley; on the East by Tract Two herein; on the South by a lot formerly of Alex. Bowman, now or formerly of Charles B. Strayer; and on the West by a 10 foot alley. CONTAINING 51 feet, more. or less, on the alley running East, and West. TRACT TWO: BEGINNING at a point on the southern side of a private alley which runs between West North Street and West Locust Alley, parallel to said street and alley, which point is at the corner of Tract One herein; thence along Tract One herein, southwardly, a distance of 48 feet to a fence post; thence along the same, nouthwardly, 18 feet to a point at the southern wall p of a brick garage now or formerly of Jesse B. Brown; thence along the lat- ter, westwardly, a distance of 5 feet to the corner of said garage; thence; by the Western wall of said garage, northwardly, 30 feet to a point on the southern side of the aforementioned private alley; thence along the latter, westwardly, 17 feet to a point at the comer of Tract One herein, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Charles Werner, single individual, by Deed from Steven C. Boyer and Debbie J. Boyer, hus- band and wife, dated 06/26/2002, recorded 06/28/2002, in Deed Book 252, page 2018. PREMISES BEING: 105 FRED- ERICK AVENUE, CARLISLE, PA 17013. PARCEL NO. 05-20-1798-300.