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HomeMy WebLinkAbout08-0643PHELAN 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 169844 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. pg- 643 Oivi l -Wl-M CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169844 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 #: 169844 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 #: 169844 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 #: 169844 1. Plaintiff is WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAG COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1883, Page: 381. 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 10/01/2007 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 k: 169844 6. The following amounts are due on the mortgage: Principal Balance $71,322.10 Interest $2,793.00 09/01/2007 through 01/25/2008 (Per Diem $19.00) Attorney's Fees $1,250.00 Cumulative Late Charges $141.25 09/30/2004 to 01/25/2008 Cost of Suit and Title Search 550.00 Subtotal $76,056.35 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $76,056.35 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 #: 169844 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $76,056.35, together with interest from 01/25/2008 at the rate of $19.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: JNFCIS S. HALLINA ESQUI 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 #: 169844 LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. PARCEL NO. 02-20-1800-173 PROPERTY BEING: 309 NORTH EAST STREET Filc #e: 169844 V 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: ? owe o ?0 L r.s k W XVS W !i m 41 i7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00643 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NA VS REED REBECCA 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 REED REBECCA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT REED REBECCA 309 N EAST ST CARLISLE, PA 17013-2008 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 d//6/bk ? 37.80 So answe;:, R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/13/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff Vs. REBECCA REED Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-643 CIVIL TERM FILE: 169844 LOAN# 1247015736 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. Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/2/08 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff Vs. REBECCA REED Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-643 CIVIL TERM FILE: 169844 LOAN# 1247015736 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 indicated below: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/02/08 VERIFICATION Yolanda Williams hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 a best of his/her knowledge, information and belief. The undersigned understands that this tern t is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification a oriti ! Namcl.,Y'olahtla Williams DATE: January 30, 2008 Title: Vice tr?sident of Loan Documentation Company: V4LLS FARGO FINANCIAL PENNSYLVANIA, INC. Loan:1247015736 File #: 169844 rv 0 v cis 91 tea jrn N PLAINTIFF WACHOVIA BANK, NA, AS TRUSTEE t OR PPSI 2004-WFI DEFENDANT REBECCA REED SERVE REBECCA REED AT: 13308 US ROUTE 24 CECIL, OH 45821-9401 CUMBERLAND COUNTY PHS # 169844 TEAM4 COURT TERM: COURT NO.: 08-643 CIVIL TERM TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action g p / SERVED ?? r Served and made known to ?LI?rL?y Defendant on the day of 200 at o'clock j?. M., at 1 ., Pennsylvania, in theJmanner described below: ommonwealth of -+ Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant'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 office or usual place of business. - an officer of said Defendant's company. Other: Description: Age Hei t ght Weight oZ6d Race W Sex -:r- Other '/ competent adult, being duly sworn according to law, depose and state that I personal handed a true and correct copy of the Foreclosure Complain t 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 day of , 200 . Notary: By:r t ? , ?v NOT SERVED day of On the M. because: ()led , 200, at -j- o'clock ? Defendant NOT FOUND Moved _ Unknown _ No Answer Other: Sworn to and subscribed bef me rs ay Notary: By: MARY E. GOOD *; * = Notary Public, State of Ohio My Commission Expires Jan. 12, 2013 AFFIDAVIT OF SERVICE Vacant ATTORNEY FOR PLAINTIFF LD.#62205 RE 11617 John F. Kenned . Blvd One Penn Center at Suburban Station Suite1400 Philadelphia, PA 19103-1814 (215) 563-7000 G 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 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-643 CIVIL TERM REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against REBECCA REED , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 1/26/08 to 6/11/08 TOTAL $76,056.35 $2,622.00 $78,678.35 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ,-,I L,..,J "L - L - DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I./a PRO ROTHY 169844 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI : COURT OF COMMON PLEAS 2004-WF I Plaintiff : CIVIL DIVISION Vs. REBECCA REED Defendants TO: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 DATE OF NOTICE: MAY 20, 2008 CUMBERLAND COUNTY NO. 08-643-CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 3476 STATEVIEW BLVD Plaintiff, V. REBECCA REED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-643 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 REBECCA REED is over 18 years of age and resides at, 13308 US ROUTE 24, CECIL, OH 45821. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 5 .17 'p . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 CUMBERLAND COUNTY 3476 STATEVIEW BLVD COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, NO. 08-643 CIVIL TERM REBECCA REED Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on o?une 1 2002. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." t.; (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 Plaintiff, V. No. 08-643 CIVIL TERM REBECCA REED Defendant(s). Amount Due Interest from 06/12/2008 - 12/10/2008 (per diem -$12.93) Add'1 Costs TOTAL $78,678.35 $2,353.26 and Costs $2,480.50 $83,512.11 ojp'xj-'Y?)c DANIEL G. SCHMIEG, ES U RE One Penn Center at Suburban STation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: 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. 169844 ?d o? a? o? a o? U ? OD HU O? U? H? 0 W w a? H ? d3 Zo w d O x d 10 (11, Liu %3 w v W 0 H v w? o? H " o w tin 0 O a? V a vl Q OO N b <C W • _ _ ? V Q ? t V 0 o? H ono v, ?r x 0 d w U N ? w a, a ao 0 O M d ? It 09 C? ° qj -n k7C t LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly house of a double frame dwelling house, the southern boundary line of said house running through the partition separarting the house on the South thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES VESTED IN Rebecca Reed, single person, by Deed from Rodger C. Diehl, Jr. and Brent B. Durham, dated 09/28/2004, recorded 10/04/2004, in Deed Book 265, page 2963. PREMISES BEING: 309 NORTH EAST STREET, CARLISLE, PA 17013 PARCEL NO. 02-20-1800-173 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. REBECCA REED Defendant(s). CIVIL DIVISION NO. 08-643 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFl, 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 309 NORTH EAST STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 309 NORTH EAST STREET 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 unworn falsification to authorities. July 24, 2008 Do","J P. ? DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff C) c - ? _ rn at •- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 Plaintiff, V. REBECCA REED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-643 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQV;kE Attorney for Plaintiff C? C) "P1 -17 ?.-?- i WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff, V. REBECCA REED Defendant(s). ?J ?v l j ? P CU No (V ct Ji TO: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 309 NORTH EAST STREET, CARLISLE, PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,678.35 obtained by WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215; 56) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 J V LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly house of a double frame dwelling house, the southern boundary line of said house running through the partition separarting the house on the South thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES VESTED IN Rebecca Reed, single person, by Deed from Rodger C. Diehl, Jr. and Brent B. Durham, dated 09/28/2004, recorded 10/04/2004, in Deed Book 265, page 2963. PREMISES BEING: 309 NORTH EAST STREET, CARLISLE, PA 17013 PARCEL NO. 02-20-1800-173 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-643 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NA, As Trustee for PPSI 2004- WF1, Plaintiff (s) From REBECCA REED (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 $78,678.35 L.L.$ 0.50 Interest from 6/12/08 - 12/10/08 (per diem - $12.93) - $2,353.26 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.80 Other Costs $2,480.50 Plaintiff Paid Date: 7/25/08 Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF 1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County REBECCA REED No. 08-643 CIVIL TERM Defendant 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 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on June 12, 2008 in the amount of $78,678.35. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3 Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $17.83 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 $71,322.10 $8,395.19 $141.25 $1,675.00 $1,469.00 $0.00 $120.00 $190.00 $0.00 $0.00 ($0.00) $4,413.29 $87,725.83 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 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 October 7, 2008 and requested the Defendant's 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 certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: O 14 M MchmiIeg, LLP By: MA A M. Bra for , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF 1 Plaintiff V. REBECCA REED Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-643 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE REBECCA REED 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 309 NORTH EAST STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant 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 Defendant 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 Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Defendant 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. d DATE: Id 14 11' Schmieg, LLP By 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 (215) 563-7000 169844 a a°o x a w - o ?g ,mac, ac`s c ATTORNEY FOR PLAINTIFF WACHOVIA BANK, NA, AS COURT OF COMMON PLEAS TRUSTEE FOR PPSI 2004-WF1 3476 STATEVIEW BLVD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff V -tp43 ?IViI `grwt NO . . CUMBERLAND COUNTY REBECCA REED 13308 US ROUTE 24. CECIL, OH 45821 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE COPY PLEASE RETURN. 4 } va v ,_?1 ?t"i M d Olt Cc, File #: 169844 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 #: 169944 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 #: 169844 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 #- 169844 1. Plaintiff is WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAG COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1883, Page: 381. 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 10/01/2007 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 #: 169944 6. The following amounts are due on the mortgage: Principal Balance $71,322.10 Interest $2,793.00 09/01/2007 through 01/25/2008 (Per Diem $19.00) Attorney's Fees $1,250.00 Cumulative Late Charges $141.25 09/30/2004 to 01/25/2008 Cost of Suit and Title Search 550.00 Subtotal $76,056.35 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $76,056.35 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 #: 169944 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $76,056.35, together with interest from 01 /25/2008 at the rate of $19.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By:- FR NCIS S. HALLINA , ESQU 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 #: 169844 LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an-easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. PARCEL NO. 02-20-1800-173 PROPERTY BEING: 309 NORTH EAST STREET File #: 169944 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 "B" 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 pc2M,? ` PHILADELPHIA, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 CUMBERLAND COUNTY 3476 STATEVIEW BLVD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff, V. NO. 08-643 CIVIL TERM REBECCA REED 13308 US ROUTE 24 PLEA& ROM CECIL, OH 45821 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TT ANSWER AND ASSESSMENT OF DAMAGES Z, ? -5 z z. n7 TO THE PROTHONOTARY: n Kindly enter an in rem judgment in favor of the Plaintiff and against RE ; CA W, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 day's.-m setvicoi-greof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs dar Igesr4 foadws: As set forth in Complaint Interest from 1/26/08 to 6/11/08 TOTAL $76,056.35 $2,622.00 $78,678.35 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Ong PR PROTHY 169844 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 7, 2008 REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 RE: WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 v. REBECCA REED Premises Address: 309 NORTH EAST STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-643 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond tome by Monday, October 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve trul yours Mi he ra r , Esquire For Phelan Hallin & Schmieg, LLP Enclosure 0 v a ?o U 1 O a a a. U Q aa? a0a b ? C y a d v ? ? c ro O V t N r, c7 ?t d O E .? c Q E y u ?. E Fi N EO16l 3aoOdIZ W083a3liVn ` ' 80oZ LOlaO QL08lZb0 0 : Q- DOZ'ZO$ MZp x c E ? .Q a°co v U O O \\ SOH A3Hlld ?! C ( - N A . .? 6 ob_r a ZJ a4 ? w ? x E 0 u w y ? E ? ?o K N G y 7 V U ? N W ° M a °UV ? o 5 . A' Oo - ^ W W K v ,Cw 1 W p O w ? N O q 0 N ?--1 N O 00 C/] g e V7 ?? b C O O ? x 11" 11 ?pO ° a IU Q' U W m H a O ? N O H ¢ a ?D W a a 0 x ?? x x ° aW 6 z o ( M O y^ •-+ M Q Q U U w o° W v a L z E Aa d z it a ON (21, V rl "'q G a a ° ? A N 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. MMBrad&fcVdc, ieg, LLP DATE: By: quire Attorney forPlaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF 1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County REBECCA REED No. 08-643 CIVIL TERM Defendant 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. REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 DATE: 6 REBECCA REED 309 NORTH EAST STREET CARLISLE, PA 17013 TM I' & chmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff £w , -? t. c= ';? {? :? ? : ?'?? ,. -:, --- _- c? ? 3 ? - `i "' ; ; ?? ,-,_ ~ ?? ? OCT' 16 20086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK, NA, AS TRUSTEE FOR Court of Common Pleas PPSI 2004-WF1 Civil Division Plaintiff CUMBERLAND County V. No. 08-643 CIVIL TERM REBECCA REED : Defendant RULE AND NOW, this b 1b day of _ O Lt. 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. W1 `mil r ? i Q Rule Returnable C a. BY THE COURT C- J. VI MMIGN NI 3d 81 .C WJ I Z 130 8001 MViONO"HiC bd 3HI 3a 301404-1311 ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda,f, edphe.com ,/ REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 Tel: 419-899-4089 COP, I'& rAztLtccL ? REBECCA REED 309 NORTH EAST STREET CARLISLE, PA 17013 169844 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County REBECCA REED No. 08-643 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of AbIA d was sent to the following individual on the date indicated below. REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 DATE: b 06 REBECCA REED 309 NORTH EAST STREET CARLISLE, PA 17013 h 1 ' Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff C hl t A PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/0NE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF 1 V. REBECCA REED ATTORNEY FOR PLAINTIFF 169844 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-643 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of US BANK NA AS TRUSTEE SUCCESSOR IN INTEREST TO WACHOVIA BANK POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 12004 ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004-WWFI located at 1100'ToWn & Country Road, Suite 200, Orange, CA 92868. DANIEL G. C G, ESQUIRE Attorney for Plaintiff Date: October 24„ 2008 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of1JS BANK NA AS TRUSTEE SUCCESSOR IN INTEREST TO WACHOVIA BANK POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 12004 ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004- WWF1, USE PLAINTIFF. o a DANIEL G. SC G, ESQUIRE Attorney for Plaintiff C a w .%/ . : w US BANK NA, AS TRUSTEE SUCCESSOR IN INTEREST TO WACHOVIA BANK POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004 ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004-WWF1 VS. REBECCA REED : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-643 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for US BANK NA, AS TRUSTEE SUCCESSOR IN INTEREST TO WACHOVIA BANK POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004 ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004-WWF1 hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 10, 2008 IEL G. SCHMIEG, ES Attorney for Plaintiff ; J.r*A 'a a w o x O . b 6 U as ?xa Uw•`? o. Cd a 0 ° a b as O ' ; ' R, ?l vg V ? 0 L , 6 L 3000d1Z W08=103liv b 8002 So onv 0 Ln LZh00 OOZTO t WL ZO ° 8 1 a•E T [z 53M0H A3411d G CL o SSAMO I d ? M.L 0 ;I L_' O vl U . '•+(jd q 6?9 p ? N y 7 U U a! V ? y rR 0. ld N ? V ? q v 0 0 N +.r c Q a? ??v•o N E y.5 E Q ? a 50 0 m O a ya _ ya '? ?i $ N» A .5: O b C A c a• O y O > oo w L: •?? a C a w ? N C O V 'jj C ?••? > u .? iii444 ddd y? rx ? o ^CS O O (~ ? O ° a ? •v i CF., ? O • m ?' •.. ? 00 o °x =mo b u z a cdN d W ? S O N `e? ? W a w O e o? W) "' ° ? ?" cr a? .? ? N 3 3 U O U M W a u?O° ?O oQ M ??? ? ? a A ? ' UQQ Wa . ? a?i¢ o00 A w UQ ?? ? ' 0 il > ?v a ?? ? 0QO ? 70 a? a o U w S a z a ? Q' °"? OW ? ¢ o zz ? o? y ? ? a 00 z ?. M U.-.U O UAa w E? MU U?c ? ?a Aw 033 Fa d A ? E a Z U V W ? G Q ? ? ? V] ? T y •?y L N ?a •? N M V1 ?O l? 00 O, O •N. .M. .?-? a F ff. },- r- ?? ? ?? ? ' c .... ? ? •?, F?? CC .roc : s 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 WACHOVIA BANK, NA, AS TRUSTEE FOR Court of Common Pleas PPSI 2004-WF1 Plaintiff Civil Division V. REBECCA REED CUMBERLAND County No. 08-643 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. / 2. A Motion to Reassess Damages was filed with the Court on io if/ v 3. A Rule was entered by the Court on or about /o zO/s directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on , in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: "? z° ?s By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" ocr,16 20086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK, NA, AS TRUSTEE FOR Court of Common Pleas PPSI 2004-WF 1 Civil Division Plaintiff : CUMBERLAND County V. No. 08-643 CIVIL TERM REBECCA REED Defendant RULE AND NOW, this 2 D iL day of DJ- 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. An' A LS -S fT , d:, f Rule Returnable owe - eau ^f 11 c?Cr_ , C a. BY THE COURT CAM a I ca, e. pa ?'#tt ay -try Exhibit "B' PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, A&iT U f'EE FOR PPSI 2004-WF 1 ° , 1<-'111 Plaintiff V. REBECCA REED Defendant CJ r`' c ° o p .. ? n Ytf? z .bus. '"i i .> C- rn co -'C ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-643 CIVIL TERM CER`F,ICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Returndate of MIAby,? was sent to the following individual on the date indicated below.' REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 DATE: IbA4 t? REBECCA REED 309 NORTH EAST STREET CARLISLE, PA 17013 h I ' Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: PIX- XIF By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. REBECCA REED Defendant No. 08-643 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 DATE: i / z.XF By: REBECCA REED 309 NORTH EAST STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff c:? i ,.. G &A }-e? ! M d NOV Z 5 2008 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WACHOVIA BANK, NA, AS TRUSTEE FOR Court of Common Pleas PPSI 2004-WF1 Civil Division Plaintiff CUMBERLAND County V. No. 08-643 CIVIL TERM REBECCA REED Defendant t- ORDER AND NOW, this 2 5 ? day of k o v . , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $71,322.10 Interest Through December 10, 2008 $8,395.19 Per Diem $17.83 Late Charges $141.25 Legal fees $1,675.00 Cost of Suit and Title $1,469.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $120.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 r _z C-5 -o ..L d U f r c Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,413.29 TOTAL $87,725.83 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 169844 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Ronald E & Susan M Lebo is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 25th day of July 2008, A.D., 262008, out of the Court of Common Pleas of said County as of Civil 6 'r- Term, civil Number 643, at the suit of Wachovia Bk N A, Tr for PPSI 2004-WF1 against Rebecca Reed is duly recorded as Instrument Number 200901693. IN TESTIMONY WHEREOF, I have hereunto set my hand and of said office this '-` day of A.D. s2ao of Deeds Rscc;6* cS ! r,-? ;, Cu: ;.rnn tnd County, Cat*, PA MY CWV Riuston Ex01es the First Mo„dgy 01 Jan. 2010 Wachovia Bank NA As Trustee for PPSI 2004-WF 1 VS Rebecca Reed In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-643 Civil Term 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 by certified mail, return receipt requested to the within named defendant, to wit: Rebecca Reed to her last known address of 13308 US Route 24, Cecil, OH 45821-9401. This letter was mailed under the date of August 20, 2008. The return receipt card was signed by Rebecca Reed on August 25, 2008. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1006 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 Rebecca Reed, located at 309 North East Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rebecca Reed, by regular mail to her last known address of 13308 US Route 24, Cecil, OH 45821-9401. This letter was mailed under the date of October 6, 2008 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 December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $53,000.00 to Ronald E. and Susan M. Lebo. It being the highest bid and best price received for the same, Ronald E. and Susan M. Lebo, of 2844 Ritner Highway, Carlisle, PA 17015, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $56,004.56. Sheriff s Costs: Docketing $30.00 Poundage 1,060.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 5.00 Levy 15.00 Surcharge 20.00 Certified Mail 5.71 Law Journal 355.00 Patriot News 302.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 ? +'? t,?e9 $1,973.29 1,31 C?? G -7 G YL' Gc??? ..1/fi&`, ?0 1>00440?? R. Thomas Kline, Sheriff . BY' Real Estate rgeant \I WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff, V. REBECCA REED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-643 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1. 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 ,309 NORTH EAST STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 309 NORTH EAST STREET 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 r 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 unswom falsification to authorities. July 24, 2008 Da'-h-Jj DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WFI Plaintiff, CUMBERLAND COUNTY No. 08-643 CIVIL TERM V. REBECCA REED Defendant(s). July 24, 2008 TO: REBECCA REED 13308 US ROUTE 24 CECIL, OH 45821-9401 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 309 NORTH EAST STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,678.35 obtained by WACHOVIA BANK, NA, AS TRUSTEE FOR PPSI 2004-WF1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT-CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly house of a double frame dwelling house, the southern boundary line of said house running through the partition separarting the house on the South thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES VESTED IN Rebecca Reed, single person, by Deed from Rodger C. Diehl, Jr. and Brent B. Durham, dated 09/28/2004, recorded 10104/2004, in Deed Book 265, page 2963. PREMISES BEING: 309 NORTH EAST STREET, CARLISLE, PA 17013 PARCEL NO. 02-20-1800-173 WRIT OF EXECUTION and/or ATTACHMENT .COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-643 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NA, As Trustee for PPSI 2004- WF1, Plaintiff (s) From REBECCA REED (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 $78,678.35 L.L.$ 0.50 Interest from 6/12/08 -12/10/08 (per diem - $12.93) - $2,353.26 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.80 Other Costs $2,480.50 Plaintiff Paid Date: 7/25/08 '43 (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale #28 On August 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 309 North East Street, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2008 By: ` t Real Es Sergeant AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 28 Date Filed: January 9, 2009 Writ No. 2008-643 Civil Term Wachovia Bank NA as Trustee for PPSI 2004-WF1 VS Rebecca Reed 309 North East Street Carlisle, PA 17013 Sale Date: December 10, 2008 Buyer: Ronald E. and Susan M. Lebo Bid Price: $53,000.00 Real Debt: $78,678.35 Interest: 2,353.26 Attorney Writ Costs: 156.80 Mics. Costs: 2,480.50 Total: $83,668.91 DISTRIBUTION: Receipts: Cash on account (08/18/2008): $ 1,500.00 Cash on account (12/10/2008): 5,300.00 Cash on account (12/16/2008): 50,704.56 Total Receipts: $57,504.56 Disbursements: Sheriffs Costs $1,973.29 Legal Search 300.00 Transfer Tax, Local 822.28 Transfer Tax, State 822.28 Carlisle Borough (Water & Sewer) 737.98 Carlisle Borough Tax Collector 361.92 Attorney Daniel Schmieg 1,500.00 Wachovia Bank 50,986.81 Total Disbursements: ($57,504.56) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 28 Date Filed: January 9, 2009 Writ No. 2008-643 Civil Term Wachovia Bank NA as Trustee for PPSI 2004-WFl VS Rebecca Reed 309 North East Street Carlisle, PA 17013 Sale Date: December 10, 2008 Buyer: Ronald E. and Susan M. Lebo Bid Price: $53,000.00 Real Debt: $78,678.35 Interest: 2,353.26 Attorney Writ Costs: 156.80 Mics. Costs: 2,480.50 Total: $83,668.91 DISTRIBUTION: Receipts: Cash on account (08/18/2008): Cash on account (12/10/2008): Cash on account (12/16/2008): $ 1,500.00 5,300.00 50,704.56 Total Receipts: $57,504.56 Disbursements: Sheriffs Costs $1,968.29 Legal Search 300.00 Transfer Tax, Local 822.28 Transfer Tax, State 822.28 Carlisle Borough (Water & Sewer) 737.98 Carlisle Borough Tax Collector 361.92 Attorney Daniel Schmieg 1,500.00 Wachovia Bank 50,991.81 Total Disbursements: ($57,504.56) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORN-EY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 28 held December 10, 2008 EFFECTIVE DATE: December 12, 2008 PREMISES: 309 North East Street, Borough of Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 02-20-1800-173 (the "Premises") RECITAL: Being the same premises which Rodger C. Diehl, Jr. and Brent B. Durham, by their Deed dated September 28, 2004 and recorded October 4, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 265, Page 2963, granted and conveyed unto Rebecca Reed, single person. 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. 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, 2008. 20. Subject to the spousal rights, if any, of any spouse of Rebecca Reed. 21. Mortgage in the amount of $73,350.00 from Rebecca Reed to Argent Mortgage Company, LLC dated September 30, 2004 and recorded October 4, 2004 in Mortgage Book 1883, Page 381, last assigned June 23, 2008 in Instrument No. 200820951 to Wachovia Bank Pooling and Servicing Agreement. -2- 22, Judgment against Rebecca Reed in favor of US Bank NA in the amount of $78,678.35 entered June 12, 2008 to No. 2008-0643 and by Order dated November 25, 2008 to note reassessed damages in the amount of $87,725.83, both judgments relating to the Mortgage identified as item 21, above. 23. Subject to the easement of any partition walls with respect to the Premises. 24. Subject to the walkway easement described in Deed Book "K", Volume 26, Page 70. 25. Subject to the rights of others in and to any portion of the Premises lying within or adjoining North East Street. 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. Bv: I Keith O. Brenneman -3- REAL ESTATE SALE NO, 29 Writ. No. 2008-643 Civil Wachovia. Bank N.A. as Trustee for PPSI 2004-WF1 vs. Rebecca Reed Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a. point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point: thence in a westerly direction 120 feet, more or less, to a point; thence in a. southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly mouse of a double frame dwelling house, the southern boundary line of said house running through the partition separarting the house on the south thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES VESTED IN Rebecca Reed, single per- son, by Deed from Rodger C. Diehl, Jr. and Brent B. Durham, dated 09/28/2004, recorded 10/04/2004. in Deed Book 265, page 2963. PREMISES BEING: 309 NGRTH EAST STREET. CARLISLE. PA 17013. PARCEL NO. 02-20-1800-173. MIBIT A The Patriot-News Co. '812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ?he?lahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below; 10/29/08 11/05/08 11/12/08 . . . . . . . . . - ,.: FALF . U '-yyf.r-. --Ely r .1 1, y. . . . . . . . Sworn to^Wribed befoI EPYhis ,?/day bf November, 2008 A. D. Public COMMONWEALTH OF PENNSYLVANIA NotarWSOW Stisrne Winer, Notary Pubic ?NY* x r ug` Dat p* Oq?, Member, PennaylvanlaE?gs ??? X11 odation of Notary, Real Estate Sale No. 28 Writ No. Civil Term Wachovia Bank NA as Trustee for PPSI 2004-WF1 VS Rebecca Reed Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Strecr thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly house of a double frame dwelling house, the southern boundary line of said house running through the partition separating the house on the South thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES VESTED IN Rebecca Reed, single person, by Deed from Rodger C. Diehl, Jr. and Brent B. Durham, dated 09!28/2004, recorded 10!0412004, in Deed Book 265, page 2963. PREMISES BEING: 309 NORTH EAST STREET, CARLISLE, PA 17013 PARCEL NO. 02-20-1800-173 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 28 Writ No. 2008-643 Civil Wachovia Bank N.A. as Trustee for PPSI 2004-WF1 VS. Rebecca Reed Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, rnnrP nr lPa to apoint_th In a L'sa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubiic CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 r ? cr- to W cl, c-= C N iU RILAL IOTA?& BALE NO. 28 Writ No. 2008-643 Civil Wachovia Bank N.A. as Trustee for PPSI 2004-WF1 VS. Rebecca Reed Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of North East Street; thence in an easterly direction 120 feet, more or less, to a point; thence in a northerly direction, 13.8 feet, more or less, to a point; thence in a westerly direction 120 feet, more or less, to a point; thence in a southerly direction along the eastern side of North East Street, 13.8 feet, more or less, to the Place of BEGINNING. BEING the northerly house of a double frame dwelling house, the southern boundary laze 01 said y_, o? house running through the partition cc U-) separarting the house on the south thereof and being known as No. 309 North East Street. BEING THE SAME PREMISES ' t ` . N VESTED IN Rebecca Reed, single per- . son, by Deed from Rodger C. Diehl, UZ u y Jr. and Brent B. Durham, dated i_ 09/28/2004, recorded 10/04/2004, u_ =- L in Deed Book 265, page 2963. cv lJ PREMISES BEING: 309 NORTH EAST STREET, CARLISLE, PA 17013. PARCEL NO. 02-20-1800-173.