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HomeMy WebLinkAbout08-1741PHELAN 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 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 154705 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 041 Civi I T r-M CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 154705 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 #: 154705 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 #: 154705 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 #: 154705 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/17/1999 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to GE CAPITAL MORTGAGE SERVICES INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1552, Page: 114. 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 02/01/2007 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 #: 154705 6. The following amounts are due on the mortgage: Principal Balance $59,972.48 Interest $7,213.44 01/01/2007 through 03/17/2008 (Per Diem $16.32) Attorney's Fees $1,250.00 Cumulative Late Charges $83.70 06/17/1999 to 03/17/2008 Cost of Suit and Title Search 550.00 Subtotal $69,069.62 Escrow Credit $0.00 Deficit $1,674.44 Subtotal $1,674.44 TOTAL $70,744.06 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 154705 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 $70,744.06, together with interest from 03/17/2008 at the rate of $16.32 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: IM-A F NCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 154705 LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the line of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the line of the property now or formerly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 15 1/2 feet, and with an even width to the lot of Bethel A.M.E. Church, or 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. BEING the same premises which Daniel W. Saphore, Jr. and Lucy B. Saphore by deed dated May 2, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book, Page, granted and conveyed to David A. Campbell and Debra Ann Campbell, husband and wife, Grantors herein. PREMISES: 132 LIBERTY AVENUE PARCEL: 03-21-0320-037 File #: 154705 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. 4/1A,vN NoiL, A orney for Plaintiff&ZO ?S- DATE: 4 1 ? I m r-- ? s -n r - -? . O Co 00 j 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01741 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHEETZ DONALD A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEETZ DONALD A AKA DONALD ALLEN SHEETZ but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , SHEETZ DONALD A AKA DONALD ALLEN SHEETZ , 1460 WALNUT BOTTOM ROAD CARLISLE, PA 17015 GIVEN ADDRESS IS VACANT. HOUSE IS BEING REMODELED. Sheriff's Costs: So answe:?? Docketing 6.00 -"" s.- Service 5.00 Not Found 5.00 R. Thomas e_ Surcharge 10.00 Sheriff of Cumberland County 00 glo,it©P z6: oo PHELAN HALLINAN SCHMIEG 04/02/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01741 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHEETZ DONALD A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEETZ SHIRLEY M AKA SHIRLEY MAE SHEETZ but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT MAE SHEETZ 1460 WALNUT BOTTOM ROAD NOT FOUND , as to SHEETZ SHIRLEY M AKA SHIRLEY CARLISLE, PA 17015 GIVEN ADDRESS IS VACANT. HOUSE IS BEING REMODELED. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 L?1ati1og (? ?/ 21.00 So an s? R. Thomas ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/02/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHEETZ DONALD A ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEETZ DONALD A AKA DONALD ALLEN SHEETZ rT,? DEFENDANT , at 1530:00 HOURS, on the 1st day of April , 2008 at 132 EAST LTRFRTV AVRT\TTTF. CARLISLE, PA 17013 by handing to ROBERT NEGLEY, STEPSON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 qj04 j0i ( ,,,, .00 33.00 Sworn and Subscibed to before me this day of So Answers: f 4 R. Thomas Kline 04/02/2008 PHELAN HALLINAN SCHMIEG By: O Deputy Sheriff A. D. CASE NO: 2008-01741 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHEETZ DONALD A ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEETZ SHIRLEY M AKA SHIRLEY MAE SHEETZ the DEFENDANT , at 1530:00 HOURS, on the 1st day of April 2008 at 132 EAST LIBERTY AVENUE CARLISLE, PA 17013 by handing to ROBERT NEGLEY, SON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?l?b N b 9 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/02/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1741 CIVIL TERM DONALD A. SHEETZ A/K/A DONALD CUMBERLAND COUNTY ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for laintiff By: /-/- FrancS. Hallinan, Esquire Date: 5/9/08 PHS #: 154705 W, ' 6. VERIFICATION Kevin Marks hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ame: Kevin Marks DATE: 03/19/08 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan: 0070921002 File #: 154705 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1741 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 Date: 5/9/08 Phelan Hallinan & Schmieg, LLP Attorney fo aintiff By: Franc' S. Hallinan, Esquire Y Ain 05 ?y 1 J 4 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 561-7000 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-CIVIL TERM SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 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 DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ and SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from service thereof and for foreclosure and sale of the mortgaged premises and assess Plaintiff's damages as follows: As set forth in the Complaint $70,744.06 Interest - 03/18/2008 - 05/22/2008 $1,077.12 TOTAL ?7t?R21 1 R1 R 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 att hed. 6ci DANIEL G. SCHMIEG, ESQqRE Attorney for Plaintiff DAMAGES ARE EREBY ASSESSED AS INDICATED. DATE: o (111zvief PRO OTHY 154705 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-CIVIL TERM Defendant(s). 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 DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ is over 18 years of age and resides at 132 LIBERTY AVENUE, CARLISLE, PA 17103. (c) that defendant SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ is over 18 years of age and resides at 132 LIBERTY AVENUE, CARLISLE, PA 17103. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ :NO. 08-1741-CIVIL TERM SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendants TO: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 ?f_ DATE OF NOTICE: MAY 6, 2008 , ?, c--' 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 C? Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ : NO. 08-1741-CIVIL TERM SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendants TO: SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLEPA17013 DATE OF NOTICE: MAY 6, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 O ' 1r 4._ ..d7 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ERIE COUNTY COURT OF COMMON PLEAS Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ CIVIL DIVISION NO. 08-1741-CIVIL TERM SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Max r1'7 4=9 By: .1?E? CJT Y If you have any questions concerning this matter, ease contact: i 9-A 9 i C DANIEL G. SCHMIEG, ESQUIRE/ Attorney for Party Filing ?J One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A Plaintiff, V. No. 08-1741-CIVIL TERM DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M.SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,821.18 Interest from 05/23/2008-09/03/2008 (per diem -$11.81) Add'1 Costs TOTAL $1,228.24 and Costs $3.724.00 $76,773.42 DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property-No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or sta ed in the event that a representative of the plaintiff is not y present at the sale. 154705 VP w? 04 w a? az zz 0 a O H Uz 00 V ?D z o? F ~U 1? xw R coo z W z z C7 w a w 3 9*1 0 0 0 b0 tb Fp NN NH ww xw z? a O? d? ?N ww x? AW z A M M O O as ww o E"' V V 4z a w s , WW O O Q N N w a w (A 0 0 0 0$ 0 0 o ? A M a CIS W) O r- v C?? c?::t -t=1 G? i- A r- co 0 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bk. No. 1:07-bk-01611 MDF DONALD ALLEN SHEETZ SHIRLEY MAE SHEETZ Chapter No. 13 Debtors WELLS FARGO HOME MORTGAGE, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD 11 U.S.C. §362 Movant V. DONALD A. SHEETZ A/WA DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of WELLS FARGO HOME MORTGAGE, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 132 LIBERTY AVENUE, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and WELLS FARGO HOME MORTGAGE, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD may immediately enforce and implement this Order granting Relief from the Automatic Stay.. By the colln't, Dated: February 19, 2008 This document is olectronica Uy signed andflW on the same data. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-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 unsworn falsification to authorities. DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 132 LIBERTY AVENUE, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 132 LIBERTY AVENUE CARLISLE, PA 17103 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Citifinancial Incorporated Citifinancial Incorporated 1 Valley Street Suite 103 Carlisle, PA 17013 P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 132 LIBERTY AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 27, 2008 DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff cx,, °i'1 r ?. r` CL) _._i! WELLS FARGO BANK, N.A Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). CUMBERLAND COUNTY No. 08-1741-CIVIL TERM May 27, 2008 TO: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 * *TH1S FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 132 LIBERTY AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,821.18 obtained by WELLS FARGO BANK, N.A (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s 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 LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the line of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the line of the property now or formerly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 151/2 feet, and with an even width to the lot of Bethel A.M.E. Church, or 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. TITLE TO SAID PREMISES IS VESTED IN Donald A. Sheetz and Shirley M. Sheetz, husband and wife, by Deed from David A. Campbell and Debra Ann Campbell, husband and wife, dated 08/31/1994, recorded 0813111994, in Deed Book 111, page 98. PREMISES BEING: 132 LIBERTY AVENUE, CARLISLE, PA 17013 PARCEL NO. 03-21-0320-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1741 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DONALD A. SHEETZ, a/k/a DONALD ALLEN SHEETZ, SHIRLEY M. SHEETZ, a/k/a SHIRLEYMAE SHEETZ (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 $71,821.18 L.L.$ 0.50 Interest from 5/23/08 to 9/03/08 (per diem - $11.81) - $1,228.24 and Costs Atty's Comm % Atty Paid $215.00 Plaintiff Paid Date: 5/28/08 (Seal) Due Prothy $2.00 Other Costs $3,724.00 -?l - Prothonotary By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, 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 WELLS FARGO BANK, N.A. Plaintiff VS. DONALD A. SHEETZ A/KJA DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/KJA SHIRLEY MAE SHEETZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1741 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 18, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on May 27, 2008 in the amount of $71,821.18. 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 September 3, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $59,972.48 Interest Through September 3, 2008 $10,017.27 Per Diem $16.38 Late Charges $83.70 Legal fees $2,675.00 Cost of Suit and Title $1,759.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $80.00 Appraisal/Brokers Price Opinion $315.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,207.21 TOTAL $78,109.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 1, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "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. -? 4 b? DATE: V.Br?d4d, chmieg, LLP By: M squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff VS. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Defendants Civil Division CUMBERLAND County No. 08-1741 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ and SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 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 132 LIBERTY AVENUE, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan GuarM Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. LLP DATE: b b Attorney for Plaintiff EXhiblt «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 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 154705 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K!A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 C w O z rn rT? ? t n '" 4 ? ?: C1 71 -G O ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 1r1+1 Civi ( Terwl CUMBERLAND COUNTY AVORN'EN! FILF- Copy PLEASE RETURN Defendants Wg hevebY wow the CIVIL ACTION - LAWyulplf t0 of th and COMPLAINT IN MORTGAGE FORFifi}? ?' File #: 154765 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 #: 154705 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 N: 154705 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 #: 154705 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE, CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/17/1999 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to GE CAPITAL MORTGAGE SERVICES INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1552, Page: 114. 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 02/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 154705 6. The following amounts are due on the mortgage: Principal Balance $59,972.48 Interest $7,213.44 01 /01 /2007 through 03/17/2008 (Per Diem $16.32) Attorney's Fees $1,250.00 Cumulative Late Charges $83.70 06/17/1999 to 03/17/2008 Cost of Suit and Title Search 550.00 Subtotal $69,069.62 Escrow Credit $0.00 Deficit $1,674.44 Subtotal $1,674.44 TOTAL $70,744.06 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in Mrsonam 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 4: 154705 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 $70,744.06, together with interest from 03/17/2008 at the rate of $16.32 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: F L6,LNCIS S. HALLINAN, ESQUIRES f 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 #: 154705 LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the line of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the line of the property now or formerly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 15 1/2 feet, and with an even width to the lot of Bethel A.M.E. Church, or 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. BEING the same premises which Daniel W. Saphore, Jr. and Lucy B. Saphore by deed dated May 2, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book, Page, granted and conveyed to David A. Campbell and Debra Ann Campbell, husband and wife, Grantors herein. PREMISES: 132 LIBERTY AVENUE PARCEL: 03-21-0320-037 File #: 154705 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 PaKC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. 4onme/)A \N NCIIL' y for Plaintiff/?.005r DATE: 6 SS Exhibit "B" PHELAN HAUJNAN & SCHMIEG, LLP By. DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 Defendant(s). ATTORNEY FILE COPY PLEASE RETURN ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-CIVIL TERM p 'ne T ' ATTORNEY EI PLEASE R N ? E. -' O PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 nix b U? --c Kindly enter an in rem judgment in favor of the Plaintiff and against DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ and SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within twenty (20) days from service thereof and for foreclosure and sale of the mortgaged premises and assess Plaintiff's damages as follows: As set forth in the Complaint $70,744.06 Interest - 03/18/2008 - 05/22/2008 $1,077.12 TOTAL $7=1 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy -attached. pRNEV FILE COPY DANIEL G. SCHIVIIEG, ESQ ?h ", A PtEpgE R EWR"t Attorney for Plaintiff IAU DAMAGES HEREBY ASSESSED AS INDICATED. DATE: PROP OTHY 154705 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 1, 2008 DONALD A. SHEETZ AIKIA DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 RE: WELLS FARGO BANK, N.A. vs. DONALD A. SHEETZ, A/K/A DONALD ALLEN SHEETZ and SHIRLEY M. SHEETZ, A/K/A SHIRLEY MAE SHEETZ Premises Address: 132 LIBERTY AVENUE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-1741 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. NMie truly yo s he rd, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure J w bD O a O EN-F d wM w°" w a a d a a a V r•? G v?iC?v?p L ^C ? WwWHO a? rndcn? z ? aH az x a ? v, d R? 4 ate' A, G..7NQ$ .'?a z^ z? N 0 0 +•+ GHQ H W ? W ? ?? •o ?wxW Qa ?a d dam' dx xU•`d' C G?Q? z d z d z Ado 0 o z Q a a ? L 8 b ? •? zdo £ o L 6 L 3aoD COZ WONA a3llvw 8001 w lnr o ws Lzooz0 Ooz-ZO lt? ??`` br0 o?Q .sy ?$ X H p -? E1 C m 9 a ?, .N u.o 64° o O ? u •qy r? d y.. ,y •00 V .D O 97 u $ a, a v mp° ? E -ao?E`n 5Avg. b ?A b?av? 090 d o 1 enx C 5 0 FS a a°w ?o o$ 9 z; u u za O VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Schmieg, LLP DATE: D By: ` Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1741 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 DATE: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 1460 WALNUT BOTTOM ROAD CARLISLE, PA 17015 Miel i c ie g, LLP By: radfo d, E uire Attorney for Plaintiff T-41 C-B ` - E IP e'y t A OUL 1 0 200? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1741 CIVIL TERM RULE AND NOW, this s day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the OK day of 110. Z. Courtroom of the Cumberland County Courthouse, Carlisle, ,A A cn O w T x- LO Y ? EZ Lu , 1?! cv w w ./ 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.bradfordng,fedphe.com DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 TEL: 717-245-9820 00113 1 £.Y 1LI LECL 5/oe DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 1460 WALNUT BOTTOM ROAD CARLISLE, PA 17015 154705 W PHELAN HALLI-IN by: Michele M. Br Atty. I.D. No. 6984 One Penn Center, 1617 John F. Kenn Philadelphia, PA 19 215 563-7000 AN & SCHMIEG, LLP adford, Esquire ATTORNEY FOR PLAINTIFF 9 uite 1400 edy Boulevard 103-1814 WELLS FARGO B ANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County DONALD A. SH ETZ A/K/A DONALD ALLEN SHEETZ No. 08-1741 CIVIL TERM SHIRLEY M. SH ETZ A/K/A SHIRLEY AE SHEETZ Defendants CERTIFICATION OF SERVICE I hereby ce rtify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date o f 0 was sent to the following individual on the date indicated below. DONALD A. SH ETZ DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SH ETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY A ENUE 1460 WALNUT BOTTOM ROAD CARLISLE, PA 1 013 CARLISLE, PA 17015 ieg, LLP DATE: By: MMBra?dforZr,"Esquire Attorney for Plaintiff : ?p ?_ ? .J 1 .ti ? ? ..L`? ? ?''w? Cw? '^ w WELLS FARGO VS. DONALD A. A/K/A DONP. SHIRLEY M. A/K/A SHIP BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1741 Civil Term : Civil Division 3EETZ, D ALLEN SHEETZ, SHEETZ, 3Y MAE SHEETZ Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I here with Phelar. representin to ReassesE Courtroom Z Pennsylvani Date: July )y enter my appearance as local counsel, in conjunction Hallinan & Schmieg, LLP, for the limited purpose of the Plaintiff at Oral Argument on Plaintiff's Motion Damages and Brief on August 4, 2008 at 8:45 a.m. in o. 2 of the Cumberland County Courthouse, Carlisle, 23, 2008 zOIA, Rg:?? a ad, 1. Z241"Aa Dale F. Shugha', Jr. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: DonaldA. Sheetz, a/k/a Donald Allen Sheets Shirley M. Sheetz, a/k/a Shirley Mae Sheetz :? `' ? =? ? .. . ?-- , r --, ?;x : _i Vii:, ? ° t ; -ry ? ` s ?; _. i.. _. =-? AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A DEFENDANT(S) DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ SERVE DONALD A. SH) ETZ A/K/A DONALD ALLEN SHEETZ AT: 132 LIBERTY AVENUE CARLISLE, PA 17103 SERVED CUMBERLAND COUNTY No. 08-1741-CIVIL TERM ACCT. #154705 Type of Action - Notice of Sheriffs Sale Sale Date: September 3,2008 Served and made known to 1) 6 IV44-D A. 5 4C--T- Z , Defendant, on the day of J U #/ E , 200 at o'clock P.m. at F, SO t3;. L f 13 9A- y !' t y r.N U E , (2?+P L (sL , Commonwealth , , of Pennsylvania, in the manner described below: Defendant personally served. ^ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is P68 FW&T? SoN Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: M Other Description: Age _2C? Height ? Weight V-FO Race W Sex I, Rosj"b CIAO 1-t- _ _ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this I day of :"wr? , 2001. Nota- By: EASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On the STATE Ofaf W JERSEY , 200, at o'clock _.m., Defendant NOT FOUND because: MY COMMISSION EXPIRES Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: / / Time: 3rd Attempt:_ Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 t ? ?, ^..? } ?, "Tt f__. G... ? -.? I"i' _ .,. ' ?? "Y."7 i7`I . ?' ..{? ? .. •?,_ i { ^? ?? -? . ...,% ?' ?.... ^-G AFFIDAVIT OF SERVICE PLAINTHI* * WELLS FARGO BANK, N.A DEFENDANT(S) DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ SERVE SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ AT: 132 LIBERTY AVENUE CARLISLE, PA 17103 SERVED CUMBERLAND COUNTY No. 08-1741-CIVIL TERM ACCT. #154705 Type of Action - Notice of Sheriff's Sale Sale Date: September 3,2008 Served and made known to 61+IRLE?/ M, c54e-E1-'Z , Defendant, on the 1 day of -1 tA NC 200 , at 9-.56 , o'clock D.m., at 13? ?I g?4 r?? ?'1/?NU Ll SC.? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. n _V Adult family member with whom Defendant(s) reside(s). Name and Relationship is ROF300-) , soN. Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 205 Height 0 h Weight :14 0 Race N/ Sex AA Other I, Po Al L-6 MO l6 LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 1[___ day v , 200? N Notary: ? By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On PAL COMMISSI* @XPIRES 1012512012 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2nd Attempt: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 1200_. Notary: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ? ` ^' ?:? ` ? ? ?? =,-? .? '1_f ?y' ?=' ? _ . E'°' ?.? .. ? .,. r SALE DATE: September 3,2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A VS. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ No.: 08-1741-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 132 LIBERTY AVENUE, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUI Attorney for Plaintiff July 24, 2008 a- u cn a a a 0 V?) i aoi 0 0 lzt ?o °?° o 4 U w o a O V L Cd 'Sy a zdo c. 'C a £0 l8 L 300?. W. eooz OOZT? t osL "a v .? N 53MOH Nl ? ? '? p G 'L ® ?? ?. aw•a Ll } E t; m ? ? E u E?'?9 O a ? C ? N ° 5 ? C E y W.° E V O 0 O u ? V s_ a° . v E E N Q v ? E X w yw ? V V E w° N .? Vl o E Fvo °p F O V a O a (ry ? v h N ??sNb A ~ M z ¢ h o U p ? N W > o°occ,o -r- a A 0- 0 0 N 0 $ U U :? 9 av 00 N w o O o A o a °g ^ V N ;p O ba Wa ti c W ?•o o H o ? orA ? t, r ? z a 0 d z o v U a s r Q a u v ?S T 00 cd N (~ o v?W O °E WW W ¢ ,n Gj N O 3 i?r 0 i?r 0 a V) M O O H N ° • a N w < C) . a z >p ° ? a? N ? .-. 3 o 0 W? ¢ ? - o 0 ¢ a o ? Z wo v, W U,+a a i P .. o o E v xuS 3 3 N? O?w 4) 00 ¢ o° a AWE- r? ) O X o "i O ? f E z o o p ?. E a o pa G ., , . A ?? ? M ^ 0 `? C-4 z ccn Q 0 ? U 4) U U 0 A z AU?U UAa -U 10 gi ?.a m ? E ¢ W Z ANAv? W a A?nA¢ ° G1 u C14 m tn 1.0 r- 00 ? F ?.._ ,-a -z-p c?° ?,_.. - ? -r-i f_ ? G..7 : ?, ,?` - -. _a _r -' i ? _ , .. f """ ?i?" ?? ?> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. DONALD A. SLIEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SLIEETZ A/K/A SHIRLEY MAE SHEETZ Court of Common Pleas Civil Division CUMBERLAND County No. 08-1741 CIVIL TERM Defendants , 2008 the Prothonotary is ORDERED to AND NOW, this ?* day of P V-- amend the in rem judgment and the Sheriff is ORDERED to amend the writ mine pro tune in this case as follows: Principal Balance $59,972.48 Interest Through September 3, 2008 $10,017.27 Per Diem $16.38 Late Charges $83.70 Legal fees $2,675.00 Cost of Suit and Title $1,759.00 Sheriff's Sale Costs $0.00 Property Inspections/ Property Preservation $80.00 Appraisal/Brokers Price Opinion $315.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $3,207.21 $78,109.66 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission figure. / Y,THE C J. Michele M. Bradford, Esquire Phelan Ilallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michelt- -adford(U fedohe.com DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17013 TEL: 717-245-9820 .. I DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEY MAE SHEETZ 1460 WALNUT BOTTOM ROAD CARLISLE, PA 17015 a the above 154705 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 GE CAPITAL MTG FUNDING CORP TRUST 1999 HE3 TR is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 28TH day of MAY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1741, at the suit of WELLS FARGO BANK N A against DONALD A SHEETZ AKA DONALD ALLEN & SHIRLEY m SHEETZ AKA SHIRLEYMAE is duly recorded as Instrument Number 200831970. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. of Deeds Reoord?r of Da9dt Cw**" irk County. C&QW. PA My C aion E* "IN F4* Monday of Jan. 2010 Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Donald A. Sheetz aWa Donald Allen Sheetz Writ No. 2008-1741 Civil Term And Shirley M. Sheetz a/k/a Shirleymae Sheetz Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 09, 2008 at 2112 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Donald A. Sheetz a/k/a Donald Allen Sheetz and Shirley M. Sheetz a/k/a Shirleymae Sheetz, by making known unto Donald Sheetz and Shirley Sheetz personally, at 132 E. Liberty Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2008 at 2030 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 Donald A. Sheetz a/k/a Donald Allen Sheetz and Shirley M. Sheetz a/k/a Shirleymae Sheetz located at 132 East Liberty Ave., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Donald A. Sheetz a/k/a Donald Allen Sheetz and Shirley M. Sheetz a/k/a Shirleymae Sheetz by regular mail to their last known address of 132 East Liberty Ave., Carlisle, PA 17013. These letters were mailed under the date of July 15, 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 September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Trust Company, NA as Trustee for GE Capital Mortgage Funding Corporation Trust 1999 HE3. It being the highest bid and best price received for the same, The Bank of New York Trust Company, NA as Trustee for GE Capital Mortgage Funding Corporation Trust 1999 HE3, of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $914.45. Sheriffs Costs: Docketing $30.00 Poundage 17.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 283.88 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 40.00 $ 914.95 ? 9136 /G F 9- So Answers: R. Thomas Kline, Sheriff BYI? A I A, Real Estate rgeant -4 sf. w ?. ?." . 50 4 ?? 8? k WELLS FARGO BANK, N.A I 0 Plaintiff, V. DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 132 LIBERTY AVENUE, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1741-CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 132 LIBERTY AVENUE CARLISLE, PA 17103 132 LIBERTY AVENUE CARLISLE, PA 17103 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Citifinancial Incorporated Citifinancial Incorporated Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 Valley Street Suite 103 Carlisle, PA 17013 P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: Name ? Last Known Address (if address cannot be r reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 132 LIBERTY AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 27, 2008 DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff 1^ a r WELLS FARGO BANK, N.A Plaintiff, V. CUMBERLAND COUNTY No. 08-1741-CIVIL TERM DONALD A.SHEETZ A/K/A DONALD ALLEN SHEETZ SHIRLEY M. SHEETZ A/K/A SEMMEYMAE SHEETZ Defendant(s). May 27, 2008 TO: DONALD A. SHEETZ A/K/A DONALD ALLEN SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 SHIRLEY M. SHEETZ A/K/A SHIRLEYMAE SHEETZ 132 LIBERTY AVENUE CARLISLE, PA 17103 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 132 LIBERTY AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,821.18 obtained by WELLS FARGO BANK, N.A (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. I- 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the line of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the line of the property now or formerly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 151/2 feet, and with an even width to the lot of Bethel A.M.E. Church, or 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. TITLE TO SAID PREMISES IS VESTED IN Donald A. Sheetz and Shirley M. Sheetz, husband and wife, by Deed from David A. Campbell and Debra Ann Campbell, husband and wife, dated 08131/1994, recorded 08131/1994, in Deed Book 111, page 98. PREMISES BEING: 132 LIBERTY AVENUE, CARLISLE, PA 17013 PARCEL NO. 03-21-0320-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1741 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DONALD A. SHEETZ, a/k/a DONALD ALLEN SHEETZ, SHIRLEY M. SHEETZ, a/k/a SHIRLEYMAE SHEETZ (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 $71,821.18 L.L.$ 0.50 Interest from 5/23/08 to 9/03/08 (per diem - $11.81) - $1,228.24 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $215.00 Other Costs $3,724.00 Plaintiff Paid Date: 5/28/08 Pr thonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, 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 Deputy Supreme Court ID No. 62205 Real Estate Sale #56 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 132 East Liberty Ave., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008 By: Real Estat ergeant S 1 .11 d b Z XVW 8001 331233HS _; The Patriot-News Co. n ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4tPatriot-News Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 111-7101-1L1k? Sworn to . . . q.. ^ . . . . . . . . . . . . . . . . . . . before me this 20 ay? u?t, 2008 A.D. Notary Public OF PENNSYLVANIA NatwW s" w. Notary Pubic Cky ftftbWg? Novo CW* 2A w%4 4 MP*n Natlh Assogsaon of Notarlss Real Estate Sale No. 56 Writ No. 2008-1741 Civil Term Wells Fargo Bank, N.A. VS Donald A. Sheetz a/lda Donald Allen Sheetz and Shirley M. Sheetz aWa Shirleymse Sheetz Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the he of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the fine of the property now or formerly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 151/2 feet, and with an even width to the lot of Bethel A.M.E. Church, of 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. TITLE TO SAID PREMISES IS VESTED IN Donald A. Sheetz and Shirley M. Sheetz, husband and wife, by Deed from David A. Campbell and Debra Ann Campbell, husband and wife, dated 08131/1994, recorded 08!31! 1994, in Deed Book 111, page 98. PREMISES BEING: 132 LIBERTY AVENUE, CARLISLE, PA 17013 PARCEL NO. 03-21- 0320-037 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: July 18, July 25, and August 1, 2008 Aunt 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-1741 Civil Wells Fargo Bank, N.A. VS. Donald A. Sheetz a/k/a Donald Allen Sheetz and Shirley M. Sheetz a/k/a Shirleymae Sheetz Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain piece or parcel of property located in the Borough of Carlisle, County of Cumberland, ' anUCommonvwealth of Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by East Liberty Street, and on the East by the line of lot now or formerly of J. Morris; and on the South by the line of the lot now or formerly of Bethel A.M.E. Church; and on the West by the line of the property now or for- merly of the Estate of Louise E. Sipes; with its frontage on Liberty Avenue, consisting of 15 1 / 2 feet, and with an even width to the lot of Bethel A.M.E. Church, or 143 feet. CONTAINING a dwelling known as No. 132 East Liberty Avenue. TITLE TO SAID PREMISES IS VESTED IN Donald A. Sheetz and Shirley M. Sheetz, husband and wife, by Deed from David A. Campbell and Debra Ann Campbell, husband and wife, dated 08/31/1994, recorded 08/31/1994, in Deed Book 111, page 98. PREMISES BEING: 132 LIBERTY AVENUE, CARLISLE, PA 17013. PARCEL NO. 03-21-0320-037.