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HomeMy WebLinkAbout08-2059PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 174979 ATTORNEY FOR PLAINTIFF US BANK, N.A. AS TRUSTEE FOR COURT OF COMMON PLEAS THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff V. NO. C)$ - a05q civil `teem CUMBERLAND COUNTY WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 174979 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 #: 174979 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 #: 174979 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 #: 174979 1. Plaintiff is US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/15/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1336, Page 856. The 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 08/01/2007 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 #: 174979 6 The following amounts are due on the mortgage: Principal Balance $97,083.14 Interest $5,810.77 07/01/2007 through 03/26/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $80.26 08/15/1996 to 03/26/2008 Cost of Suit and Title Search 550.00 Subtotal $104,774.17 Escrow Credit $0.00 Defecit $231.47 Subtotal 231.47 TOTAL $105,005.64 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 174979 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 $105,005.64, together with interest from 03/26/2008 at the rate of $22.61 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: - LAWRE CE T. H LA , ESQUIRE FRANCIS S. HALL] , ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 174979 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, dated April 5, 1995, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGINNING at an iron pin in the legal right of way of York Road (S.R. 74) and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet to an iron pin at the corner of Lot No. 1 of the aforementioned Plan and York Road (S.R. 74); thence along the right of way of York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. File #: 174979 CONTAINING 0. 17 acres more or less. PREMISES BEING: 216 YORK ROAD PARCEL NO: 40-22-0487-120 BEING the same premises which Ronald L. W. Lebo and Barbara J. Lebo, by deed dated and recorded even date herewith, granted and conveyed unto William L. Clements and Tracy L. Clements, Mortgagors herein. File #: 174979 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for ainti ??p DATE: ? ? cD? O 8 1 R W_ N r oo ? ? t _. SSE L ' SHERIFF'S RETURN - REGULAR CASE NO: 2008-02059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NA VS CLEMENTS WILLIAM L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLEMENTS WILLIAM L the DEFENDANT , at 1921:00 HOURS, on the 2nd day of April 2008 at 216 YnRK Rnzan CARLISLE, PA 17013 WILLIAM L CLEMENTS by handing to 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 10r)OF q- 00 3 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/03/2008 PHELAN HALLINAN SCHMIEG By: / Deputy Sheriff of A. D. CASE NO: 2008-02059 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NA VS CLEMENTS WILLIAM L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLEMENTS TRACY L the DEFENDANT , at 1921:00 HOURS, on the 2nd day of April , 2008 at 216 YORK ROAD CARLISLE, PA 17013 TRACY L CLEMENTS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 wJoP/0e?- 1 Sworn and Subscibed to before me this day of , So Answers: f , y R. Thomas Kline 04/03/2008 PHELAN HALLINAN SCHMIEG By (?Z? ? z 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff VS. WILLIAM L. CLEMENTS TRACY CLEMENTS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2059 CIVIL TERM CUMBERLAND COUNTY 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 Plaintiff By: J Francis S. Hallman, Esquire Date: 05/19/08 PHS #: 174979 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 215 563-7000 US BANK, N.A. AS TRUSTEE FOR COURT OF COMMON PLEAS THE SASCO 2002-12 TRUST CIVIL DIVISION Plaintiff NO. 08-2059 CIVIL TERM VS. . CUMBERLAND COUNTY WILLIAM L. CLEMENTS TRACY CLEMENTS Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WILLIAM L. CLEMENTS TRACY CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff v p By: Francis S. Hallman, Esquire Date: 05/19/08 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 2Na to n rn falsification to authorities. e: Kevin M arks DATE: 03/31/08 Loan: 5718913758 Title Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 174979 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST CUMBERLAND COUNTY 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 Plaintiff, V. WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 TRACY CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 CIVIL DIVISION NO. 08-2059 CIVIL TERM 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 WILLIAM L. CLEMENTS and TRACY CLEMENTS, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $105,005.64 Interest from 03/27/2008 to 06/12/2008 $1,763.58 TOTAL $106,769.22 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,"io - P PROTHY-t------/ 174979 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002- 12 TRUST Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Vs. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants TO: WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 DATE OF NOTICE: MAY 21, 20OR CUMBERLAND COUNTY NO. 08-2059 CIVIL TERM l 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 i JFi?$ICA J. ILL, 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002- 12 TRUST Plaintiff Vs. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-2059 CIVIL TERM TO: TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 DATE OF NOTICE: MAY 21.2008 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 CA J. NAHILL, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD Plaintiff, v. WILLIAM L. CLEMENTS TRACY CLEMENTS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2059 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM L. CLEMENTS is over 18 years of age and resides at, 216 YORK ROAD, CARLISLE, PA 17013-3106. (c) that defendant TRACY CLEMENTS is over 18 years of age, and resides at, 216 YORK ROAD, CARLISLE, PA 17013-3106. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1% A.. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD Plaintiff, V. WILLIAM L. CLEMENTS TRACY CLEMENTS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2059 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLO P.R.C.P.3180-3183 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff, V. WILLIAM L. CLEMENTS. TRACY L. CLEMENTS Defendant(s). No. 08-2059 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/13/2008-12/10/2008 (per diem -$17.55) Add' I Costs TOTAL $106,769.22 $3,176.55 and Costs $2,266.50 $112,212.27 a)?nd (4!? 4Ae'::? DANIEL G. SCHMIEG, ESQUIRE 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 plaintiff. It may not be sold in the absence of a represent the plaintiff at the Sheriff's Sale. The sale must be postp stayed in the event that a representative of the plaintiff i present at the sale. 174979 the ative of )ned or not o O r-+ r, M M M M O O d` 'd as p~ w p as ow w? ?w w o ?.? ?? v °" Ha W O 00 a, COON va c a' pGp4 C. `r' cr, c > v . v 0o QN a? x o 00 rad" .? HU •OV 0t C d Z Q ?? a? ?? N N v v -T7 J 8 00 0o S 8' S C (b 0 Iq US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff, V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PL CIVIL DIVISION NO. 08-2059 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST, Plaintiff in the abi its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for U Execution was filed the following information concerning the real property located at ,216 ROAD, CARLISLE, PA 17013-3106. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 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 property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) WASHINGTON MUTUAL BANK, F.A., 8120 NATIONS WAY S/I/I/, TO WASHINGTON MUTUAL HOME BUILDING 100 LOANS, INC. F/K/A, PNC MORTGAGE JACKSONVILLE, FL 32256 CORPORATION OF AMERICA 4. Name and address of last recorded holder of every mortgage of record: action, by Writ of on the real Name Last Known Address (if address cannot reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property interest may be affected by the sale. Name Last Known Address (if address cannot reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has the property which may be affected by the sale: Name Last Known Address (if address cannot 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 216 YORK ROAD CARLISLE, PA 17013-3106 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 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 knowledge or information and belief. I understand that false statements herein are made penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 24, 2008 DATE DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff whose y interest in ?my personal biect to the ?+.J 5.. 1 "'G'1 _. C.t3 _..-{ .,, `?? ..5-q ._ j"1?' -t 1,__. ? ?.? ... ? S"? _'. ? . N - 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff, V. WILLIAM L. CLEMENTS . TRACY L. CLEMENTS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLF CIVIL DIVISION NO. 08-2059 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for t the above-captioned matter, and that the premises are not subject to the provisions of Act 1 because it is: 0 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 falsification to authorities. Plaintiff in unsworn DANIEL G. SCHMIEG, Attorney for Plaintiff ? ? ?. c?- ? ? ? e _ ? ?? ? i? , ' } i l ` ? S? '.i t.a' :.,G 1 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff, V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). TO: WILLIAM L. CLEMENTS July 24, 2008 216 YORK ROAD CARLISLE, PA 17013-3106 CUMBERLAND COUNTY No. 08-2059 CIVIL TERM TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHA BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 216 YORK ROAD, CARLISLE, PA 17013-3106, is be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland Cc Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $] obtained by US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST (the n against you. In the event the sale is continued, an announcement will be made at said sale with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, costs and reasonable attorney's fees due. To find out how much you must call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to st judgment, if the judgment was improperly entered. You may also ask the postpone the sale for good cause. IN D TO BE to -tgagee) compliance :charges, you may or open the in to 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 mo a 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 OTH A RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gr ssly 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 wner 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 tote Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A chedule 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 bacl, 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 OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It n in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale postponed or stayed in the event that a representative of the plaintiff is not prey CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE not be sold st be at the sale. CARLISLE, PA 17013 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant a survey by Thomas A. Neff, dated April 5,1995, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGINNING at an iron pin in the legal right of way of York Road (S.R. 74) and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.01 feet to an iron pin at the corner of Lot No.1 of the aforementioned Plan and York Road (S.R 74); thence along the right of way of York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office a the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. CONTAINING 0.17 acres more or less. BEING the same premises which Ronald L. W. Lebo and Barbara J. Lebo, by deed dated all recorded even date herewith, granted and conveyed unto William L. Clements and Tracy L. Clements, Mortgagors herein. TITLE TO SAID PREMISES IS VESTED IN William L. Clements and Tracy L. Clements, wife, by Deed from Ronald L.W. Lebo and Barbara J. Lebo, his wife, dated 08/15/1996, recorded 08/16/1996, in Deed Book 144, page 441. PREMISES BEING: 216 YORK ROAD, CARLISLE, PA 17013-3106 PARCEL NO. 40-22-0487-120 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2059 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., as Trustee for THE SASCO 2002-12 TRUST, Plaintiff (s) From WILLIAM L. CLEMENTS and TRACY L. CLEMENTS (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 $106,769.22 L.L.$ 0.50 Interest from 6/13/08 -12/10/08 (per diem - $17.55) - $3,176.55 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $168.00 Other Costs $2,266.50 Plaintiff Paid Date: 7/25/08 rothonota (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST DEFENDANT(S) WILLIAM L. CLEMENTS TRACY L. CLEMENTS SERVE WILLIAM L. CLEMENTS AT: 216 YORK ROAD CARLISLE, PA 17013-3106 CUMBERLAND COUNTY No. 08-2059 CIVIL TERM ACCT. #174979 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 ,p I / SERVED Served and made known to ' V ILL t (?M _ CLE-4AF.,IV'7SDefendant, on the 13 4 day of 6rt(S'r , 200?- at- 1' 30 , o'clock f.m., at 2(6 c6QK KDAp t 0n7eLf S[E- , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age s Height J If" Weight V00 Race " Sex M Other I, NA-tUp k (d 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 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 ands scribed before me this day of 04-! , 200 Notary: By: PPWA???? P CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTAR PUBLIC STATE OF NEW JERSEY NOT SERVED MY COMISSM EXPIRES 1012512012 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: / 1 Timer Sworn to and subscribed before me this day of 1200-. Notary: Vacant 2"d Attempt: / / 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 Z l? C C"i LU - ?L D -i -cc , 0 GV AFFIDAVIT OF SERVICE PLAINTIFF US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST DEFENDANT(S) WILLIAM L. CLEMENTS TRACY L. CLEMENTS SERVE TRACY L. CLEMENTS AT: 216 YORK ROAD CARLISLE, PA 17013-3106 SERVED CUMBERLAND COUNTY No. 08-2059 CIVIL TERM ACCT. #174979 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to TA &C 4 1_- (?L F-M F-A) T 5 , Defendant, on the 13 +*1 day of 4-aCTtk57 , 200 , at 1730 o'clock P.m., at Z(6 Ydp-K 1204-D, 04A(,($ j_E. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. WILL (A Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ?S Height 1I WeightPO Race W Sex AA Other I, I J V A-L4> M0"- -,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 su scribed before me this day of f}l? , 200 e Notary: By: P EASE ATT T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY ?gt daMWSMN ft MES 1012512012 , 200_, at o'clock _.m., Defendant NOT FOUND because: 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 Z s'?? 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County WILLIAM L. CLEMENTS No. 08-2059 CIVIL TERM TRACY L. CLEMENTS Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 1, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on June 16, 2008 in the amount of $106,769.22. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $22.61 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $97,083.14 $11,897.64 $80.26 $1,675.00 $1,384.00 $0.00 $90.00 $675.00 $0.00 $0.00 ($0.00) $2,049.48 $114,934.52 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 Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 7, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: '"l D 0 P Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County WILLIAM L. CLEMENTS No. 08-2059 CIVIL TERM TRACY L. CLEMENTS Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE WILLIAM L. CLEMENTS and TRACY L. CLEMENTS 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 216 YORK ROAD, CARLISLE, PA 17013-3106. 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 Co . v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping C, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Schmieg, LLP By: Mic Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 . SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 174979 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 N a cx:) it 1', 3m --i 30 C, L c? -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q$ - Wlt C i v1 l -remt CUMBERLAND COUNTY -a ?/ L?1V114 Cli llJ ,/i eve ?0co46 /y LAI r0, File #: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 08/23 MUCE 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 eotedng 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 itnportarR to you. YOU SHOULD TARE 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 MUNG 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 Cumb=Und County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fle #: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 08123 NCMCE 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 tw=ty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attomey 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 f n ther 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 itnporta>xt to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEYt, 00 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 OFMCE MAY BE ABLE TO PROVIDE YOU WrM 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 Flo#: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 09123 COMPLAINT IS TO BE YMED 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. Fik lY: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 10/23 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, XS U.S.C. § 1692 et seq. (1477), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIR'T'Y (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WELL BE ASSUMED TO BE VALID. LHUMSE, 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 1!: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 11/23 1. Plaintiff is US BANK, N.A_ AS TRUSTEE FOR THE SASCO 2002-12 TRUST 3476 STATEVIEW BOULEVARD FORT MULL, SC 29715 ?. The name(s) and last known address(es) of the DefmdaranXs) are: WILLIAM! L. CLEMENT3 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 who istare the mortgagor(s) and/or real owner(s) of the property hereinafter desenlbed. 3. On 08/15/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to pNC MORTGAGE CORPORATION OF AMERICA. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1336, Page 856. The PLARTIVF 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 PaR.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 w attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/0112007 and each month thereafter are due and unpaid, and by the teens of said Tnortgage, upon failure of mortgagor to make such payments after a date specified by writteza notice sent to Mo>! tgagor, the entire principal balance and all interest due thereon are collectible forthwith. Pile * 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC 6. The following amounts are due on the mortgage: Principal Balance $97,083.14 Interest $5,810.77 07/01/2007 through 03/2612008 Attorneys Fees $1,250.00 Cumulative Late Charges $80.26 08/1511996 to 03/2612008 Cost of Suit and Title Search 550.00 Subtotal $104,774.17 Escrow credit $0.00 Defecit $231.47 Subtotal 231.47 TOTAL $105,005.64 PAGE 12123 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's foe set forth above maybe less than the amount demanded based on work actually performed. The attorneys fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attarneys 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 % judgment of personal liability (or an in »Il 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 ba W Zmptcy proceeding, this Action of Mortgage'Foreclosure is in no way an attempt to teestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File W 174919 08104/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 13123 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Howcowner's Emergency Assistance Program pursue t 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/llave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pewisylvauia Housing Finance Agency. 10. This action does not came 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 $105,005.64, together with iuxterest from 03/26/2008 at the rate of $22.61 per diem to the date of Judgment, and other costs and charges collectable under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCJMEG, LLP 'SAAd-&"K - ' na sy: LA CF T. , ESQUIRE FRANCIS 5. HAL , ESQUIRE DANIEL G. SCIDA EG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R- DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRI VASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys fair Plaintiff File #: 174979 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC PAGE 14/23 LEGAI. DESCRIPTION ALL that certain tract of land with the improvements thereon crected, mtuatc in South N iddlcton Township, Cumberlmd County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. NeM dated April 5,1945, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGngMNG at an iron pin in the legal right of way of York Road (S.- 74) and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thcnec along Lot No. 3 of the aforementionned Plan, North 53 degrees 00 minutes, 00 seconds, West, 50 fiat to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet to an iron pin at the corner of Lot No. 1 of the albromentionod Plan and York Road (S.R. 74); thence along the right of way of York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEO NNNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. File *: 114979 08/04/2008 12:39 7172921325 CONTAINING 0.17 acres more or less. PREMISES BEING: 216 YORK ROAD PARCEL NO: 40-22-04$7-120 BEING the same premises which Ronald recorded oven date herewith, granted and Clements, Mortgagors herein. FileM 174979 SEARCH SOLUTIONS INC PAGE 15/23 08/04/2008 12:39 7172921325 SEARCH SOLUTIONS INC MWICATION 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.RC.P. 1024 (o), and that the statements made in the Axvgoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and arc 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. See. 4904 relating to unworn falsifications to authorities. PAGE 16/23 Attorney for fa Ip DATE: t° i Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ?•Qix?ti ? US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST CUMBERLAND COUNTY 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 Plaintiff, V. CIVIL DIVISION NO. 08-2059 CIVIL TERM WILLIAM L. CLEMENTS 216 YORK ROAD O CARLISLE, PA 17013-3106 ATTORNEY FU TRACY CLEMENTS PMASE 216 YORK ROAD CARLISLE, PA 17013-3106,. _ Dr-n Defendant(s). ,? :.y rs PRAECIPE FOR IN REM JUDGMENT FOR FAILULTO ANSWER AND ASSESSMENT OF DAMAGES o r TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM L. CLEMENTS and TRACY CLEMENTS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $105,005.64 Interest from 03/27/2008 to 06/12/2008 $1,763.58 TOTAL $106,769.22 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE) Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / P O PRO 174979 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 October 7, 2008 WILLIAM L. CLEMENTS TRACY CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 RE: US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST v. WILLIAM L. CLEMENTS and TRACY CLEMENTS Premises Address: 216 YORK ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-2059 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Me o Michele M. Bradfo , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure 0 0 v L1. ? rl x? U a U .¢a a W 0. 0 V q h a 2 ?•pU zdc G ? t C G ? C ? C v ._ £ 0 L 6 L 9000 d1z wOHA O31IdW 7 W o n 20OZ LO 1c0 0 LOS Lzt?OOR'.' v WL ZO 0VL0 $ 0 53A%09 A3Nlld ® Aka is bA ®?? Q ?'? c E ZS , Od x E W ' u U W U U C E Q F ° °' o ,c U U ? 7 b V y N W ' O .O U 'O J Q y V c ? y = U O > p F:5 ? U Na' / C 4. W G vi O , y O F N O 0 c O E U ? y ? ea E ? b G O N ? .a U o ? . . i .i C S O ° ? FS a a a T d zM w? W o y a C U P y Q a l y J U U aO a ° y-1 o c z 3 U Fa a Ir- c c x W T o m ? za kn \O l? 00 O? ^? F cC 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 unworn falsification to authorities. DATE: 1()J I q hmieg, LLP By: Michele M. Bra foi ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 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. WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 DATE: I D1 lIL41 d6 P Itiliqchmieg, LLP By: Michele M. Bradfor , Esquire Attorney for Plaintiff r c ii -13 ?CC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM }? RULE AND NOW, this ?:o ?`` day of j9d 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. Lo- t L-.?' 2.1 n Rule Returnable -on th un y 'a. /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com eo F-T ,rn? cl£rl? WILLIAM L.JCLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 174979 AlNm, ;'°i' '" ui-qmJi 81 .E Ind i 2130 0001 9011431CJ 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY CLEMENTS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of b? was sent to the following individual on the date indicated below. WILLIAM L. CLEMENTS TRACY CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 DATE: tjIlAlfinSchmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff c TI .I~ ?- 6 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST VS. WILLIAM L. CLEMENTS TRACY L. CLEMENTS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-2059 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 10, 2008 C? ,DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff Q -,, 4&.. 'a a U z? d a. a W6, O o U C> Nt W ?z F o ? 00 ?q r? ? a b O ° a 'fl s. a? cc PC z¢O 0 L6 4 3000 AZ WOM3 0311VW 0 08 12700 0 1 0.• 3002 , . w env i 8 L' ZO $ w zoo a . 0 5. ., 7MOS1 A]Mildd O •p vi ? 1&O c d U U W C O 'd O U U O O « ? U rJ Q ?K?E U y W U b E O U ~ O J U U U U A O V] a.o M F?•, ,2 ? O E . ? a 0r o 00? C/? W E td .? =.Ev ° O O z Q 0 6 a .. a r? N w O 0 'n 99,03 y .0 F~ ? r n Z Z F ? v° ss a I = O -0 3 ' w U m x > x Iz- I.. v Q Q w q N r E•'+ F- Y A U ' o a d F, WW ; Q ? .d cz: cJ pa z m o f a w O as a w¢ o A ? ? cfl Q z N cr' e Z 04 p o m p; ? C- 4 J z j u Q o° ?"o ¢ z °? y cx N ?? '" a3 Q Q LL w q q a . ? 0 w v k U a >a °v U O o > 9 rV+ !-3 w F,Kra v?w ? z N p ? w E, a ? 3 V] ° °° (? ? F- (7 z z Q z O z o a ? rx Z w? ¢ p f r E W z Q O J U a z a i Pr w - i ?. ' O Q O Q Z A U - U u A 0. F- NU U?o 0-4 0 Aw co OD - i 3 F04 `m E a? ? d U °? Q .? d za N M d ?n ?D l? r.a F fs, kt7 4cr Q C`1 c A, ..fps lry R V CL , X CL C 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 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. / 2. A Motion to Reassess Damages was filed with the Court on ,?? •?`°? 3. A Rule was entered by the Court on or about /_04-oz, r directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on , in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of ,e?c[°I;r WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: !«'9 /-V- By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 6t 1 6 ? ?r C0,54 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM RULE AND NOW, this ?_v day of 2008, a Rule is entered upon the Defendants __OL ? to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. L-C3 t 2.1 I> Rule Returnable , Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com WILLIAM LICLEMENTS TRACY L. C EMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 T'17' _'. CO V Tr t° ifid lre :.i? ?l 174979 i w. teof 1 Mere unit, set my hang "'€i t? =1 Caw a r". is-te, Pa Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 US BANK, N.A. AS TRUSTEE FOR THE SAS 2002-12 TRUST ; Plaintiff emu' V. WILLIAM L. CLEMENTS TRACY CLEMENTS Defendants N 4 O ?F 'ri y 1, - t ATTORNEY FOR PLAIN F F a' 2 TI W 4 CD -< Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM CERTIFICATI& OF SERVICE I hereby certify that a true and correct, ?epy of our Motion to Reassess Damages noting a Rule Return date of w@s4senl to the following individual on the date indicated below.: WILLIAM L. CLEMENTS TRACY CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 h 1 ' Schmieg, LLP DATE: I? b Michele M. Bradford, Esquire ?# -? Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. DATE: / r ' s /. V7 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on o '/(` T- . A Rule was entered by the Court on or about ?m ZO 6 r directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on i° zr °7 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of ".1/7 /.Is; WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: B Y: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2059 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 DATE: -/'/,1 ( O r By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff C) k ?4? C 4 NOV L I tuuu IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK, N.A. AS TRUSTEE FOR THE SASCO Court of Common Pleas 2002-12 TRUST Plaintiff Civil Division V. CUMBERLAND County WILLIAM L. CLEMENTS No. 08-2059 CIVIL TERM TRACY L. CLEMENTS Defendants ORDER AND NOW, this 234 day of k1 n v , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $97,083.14 Interest Through December 10, 2008 $11,897.64 Per Diem $22.61 Late Charges $80.26 Legal fees $1,675.00 Cost of Suit and Title $1,384.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $675.00 Mortgage Insurance Premium / $0.00 co f ? CD T y L'_ -- C%j :_^MZ c cc) ? v T? k F CV- 14 3 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,049.48 TOTAL $114,934.52 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 25th day of Jam, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2059, at the suit of SASCO 2002-12 Trust Tr against William L & Tracy L Clements is duly recorded as Instrument Number 200840577. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 0V7 of Deeds R'b=fsr of D"t! s, Cvmbenand County, Car", PA MV Commission Expiras M First Monday of Jan. 2010 US Bank, N.A. as Trustee for the Sasco 2002-12 In the Court of Common Pleas of Trust Cumberland County, Pennsylvania VS Writ No. 2008-2059 Civil Term William L. Clements and Tracy L. Clements Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 06, 2008 at 0828 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: William L. Clements and Tracy L. Clements by making known unto Tracy Clements, personally and wife of William L. Clements, at 216 York Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0854 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 William L. Clements and Tracy L. Clements, located at 216 York Road, 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: William L. Clements and Tracy L. Clements, by regular mail to their last known address of 216 York Road, Carlisle, PA 17013. These letters were mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,094.38. Sheriff s Costs: Docketing $30.00 Poundage 21.46 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 407.00 Patriot News 401.00 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,094.38 00 Ch - So Answers: R. Thomas Kline, Sheriff BY"Jo J Real Estate Sergeant US BANK, N.A. AS TRUSTEE FOR THE SASCO • '' 2002-12 TRUST .. Plaintiff, v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2059 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST, 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 ,216 YORK ROAD, CARLISLE, PA 17013-3106. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM L. CLEMENTS TRACY L. CLEMENTS Last Known Address (if address cannot be reasonably ascertained, please indicate) 216 YORK ROAD CARLISLE, PA 17013-3106 216 YORK ROAD CARLISLE, PA 17013-3106 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) WASHINGTON MUTUAL BANK, F.A., 8120 NATIONS WAY S/I/I/, TO WASHINGTON MUTUAL HOME BUILDING 100 LOANS, INC. F/K/A, PNC MORTGAGE JACKSONVILLE, FL 32256 CORPORATION OF AMERICA 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 'S. Name and address of every other person who has any record lien on the property: Name . Last Known Address (if address cannot be t 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 216 YORK ROAD CARLISLE, PA 17013-3106 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 24, 2008 ei?? (A, 41? DATE DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff IVS BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST Plaintiff, V. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). CUMBERLAND COUNTY No. 08-2059 CIVIL TERM July 24, 2008 TO: WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013-3106 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 216 YORK ROAD, CARLISLE, PA 17013-3106, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,769.22 obtained by US BANK, N.A. AS TRUSTEE FOR THE SASCO 2002-12 TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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.) BE DOES T YOU HA 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, dated April 5, 1995, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGINNING at an iron pin in the legal right of way of York Road (S.R. 74) and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet to an iron pin at the corner of Lot No.1 of the aforementioned Plan and York Road (S.R. 74); thence along the right of way of York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. CONTAINING 0.17 acres more or less. BEING the same premises which Ronald L. W. Lebo and Barbara J. Lebo, by deed dated and recorded even date herewith, granted and conveyed unto William L. Clements and Tracy L. Clements, Mortgagors herein. TITLE TO SAID PREMISES IS VESTED IN William L. Clements and Tracy L. Clements, his wife, by Deed from Ronald L.W. Lebo and Barbara J. Lebo, his wife, dated 08/15/1996, recorded 08/16/1996, in Deed Book 144, page 441. PREMISES BEING: 216 YORK ROAD, CARLISLE, PA 17013-3106 PARCEL NO. 40-22-0487-120 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2059 Civil CIVIL ACTION - LAW + TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., as Trustee for THE SASCO 2002-12 TRUST, Plaintiff (s) From WILLIAM L. CLEMENTS and TRACY L. CLEMENTS (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 $106,769.22 L.L.$ 0.50 Interest from 6/13/08 -12/10/08 (per diem - $17.55) - $3,176.55 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $168.00 Other Costs $2,266.50 Plaintiff Paid Date: 7/25/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale #14 On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 216 York Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2008 By: M Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 C_2? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 14 Writ No. 2008-2059 Civil US Bank, N.A. as Trustee for the Sasco 2002-12 Trust VS. William L. Clements and Tracy L. Clements Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, dated April 5, 1995, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGINNING at an iron pin in the legal right of way of York Road (S.R. 74) and along property now or for- merly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 de- grees 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet to an iron pin at the corner of Lot No. 1 of the aforementioned Plan and York Road (S.R. 74); thence along the ri&t of way of York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as re- corded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. CONTAINING 0.17 acres more or less. BEING the same premises which Ronald L. W. Lebo and Barbara J. Lebo, by deed dated and recorded even date herewith, granted and conveyed unto William L. Clements and Tracy L. Clements, Mortgagors herein. TITLE TO SAID PREMISES IS VESTED IN William L. Clements and Tracy L. Clements, his wife, by Deed from Ronald L.W. Lebo and Barbara J. Lebo, his wife, dated 08/ 15/ 1996, recorded 08/ 16/ 1996, in Deed Book 144, page 441. PREMISES BEING: 216 YORK ROAD, CARLISLE, PA 17013-3106. PARCEL NO. 40-22-0487-120. - The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Paft1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY to This ad ran on the date(s) shown below: before me thi4 25 Notary 10129/08 11/05/08 11/12/08 mber, 2008 A.D. r iir!r 00MMONWEALTH OF F'ENNSYLVAMA "Anal Saw ?,.? lWftL. Kinner NotarF'uw ky (XNan9% D&Oin My comn,;aaa„ 1= VkesNOV. 20,2011 Mefibk Psnnaylvanla A38Wation of Notaries Real Eatale Sale N0.14 Writ Me. ChrNTirm US Bank, NA ai lmnive for the Sum 200242 Trust VS WNgsm L Clements and- Tracy L Clements Attorney Daniel Schrnleg LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected; situate m South MWdkton Township, Cumberland County, Pennsylvania,- banded and described pursuant to a survey by Thomas A. Neff, dated April 5, 1995, and filed in the Office of the Recorder of Deeds in and for Cumberland in Plan Book 69, Page 128, as follows: BEGIN M at an iron pan in the legal right of way of York lFoad (S.R. '74) and along property now or fomredy of Robert and Betty Hughes, South 37 degrees, 00 min" 00 speonds, West, 150.00 feet to an imn pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number 1 of the aforementioned Plan, North ,37 degrees, 00 minutes, 00 seconds, East, 150.00 fret to an iron pia at the comer of Lot No. 1, of the aforementioned Plan and York Road (S.R. 74); the= along the d& of way ofYerk Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 2 of the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. CONTAINING 0.17 acres afore or less. BEING the am premier which Ronald L. W. Lebo and Barbara L Lebo, by deed dated and recorded evrn date herewith, granted and conveyed unto William L: Clemmts and Tracy L. Cements Maigagata herein. TITLE TO SAID PREMISES IS VESTED IN William L. Clements an&Tracy L. Clements, his wife, by Deed frgm Mould L.W. Lebo and Barbara L Lebo, his wife, dated 09115/19%, recorded W16(1996, m Deed Book 144, page 441. - PREMM BEING; 216 YORK ROOD, r. 191 R PA 17013-3106 PARCEL NO. 40-224487-120