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HomeMy WebLinkAbout08-3181PHELAN 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 LAUREN R. TABAS, ESQ., Id. No. 93337 v/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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178342 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS - 3181 0, ivi f Terms CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 178342 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 #: 178342 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 #: 178342 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 #: 178342 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/03/2003 TERRY L. & LORI A. WILES made, executed and delivered a mortgage upon the premises hereinafter described to COASTAL CAPITAL CORPORATION, D/B/A, THE MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page 4835. By Assignment of Mortgage recorded 03/04/2005 the mortgage was assigned to WASHINGTON MUTUAL BANK, FA which Assignment is recorded in Assignment of Mortgage Book No. 715, Page 3111. 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 01/01/2008 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 File #: 178342 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $116,359.98 Interest $3,306.72 12/01/2007 through 05/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $122.16 06/03/2003 to 05/15/2008 Cost of Suit and Title Search 550.00 Subtotal $121,588.86 Escrow Credit ($720'27) Deficit $0.00 Subtotal 720'27 TOTAL $120,868.59 7 8. If the mortgage is reinstated prior to a Sheriff s 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 Sheriff s 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 File #: 178342 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 11. Plaintiff hereby releases LORI A. WILES from liability forthe debt secured by the mortgage. 12. By virtue of the death of and LORI A. WILES on 12/18/2006, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant with right of survivorship. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $120,868.59, together with interest from 05/15/2008 at the rate of $19.92 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. AN & SCHMIEG, LLP i? By: LA NC PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178342 LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin in the center line of Township Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on the line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being designated as Lot No. 1 thereon. TRACT NO. 2: BEGINNING at an iron pin in the center line of Township Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 File #: 178342 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and being described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. PREMISES: 1075 MYERSTOWN ROAD File #: 178342 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. W331 Attorney W Plaintiff DATE: E-- `i SZi $ c -Ti J \:: SHERIFF'S RETURN - REGULAR CASE NO: 2008-03181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WILES TERRY L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WILES TERRY L was served upon the DEFENDANT , at 1214:00 HOURS, on the 23rd day of May 2008 at 1075 MYERSTOWN ROAD GARDNERS, PA 17324 DOLORES PINE, MOTHER 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 Service Affidavit Surcharge S1.1y I Sworn and Subscibed to before me this So Answers: 18.00 .-? 10 . 0 0 .00 10.00 R. Thomas Kline .00 38.00 05/27/2008 PHELAN HALLINAN SCHMIEG By: r day Deputy Sheriff of A. D. V.- 1 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI Plaintiff VS. TERRY L. WILES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3181 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 P intiff By: Fran ' S. Hallinan, Es ire Date: 6/12/08 PHS #: 178342 4- VERIFICATION Nicole Miles hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Nicole Miles DATE: 05/16/2008 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan:0608008637 File #: 178342 G C1' C-M PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff VS. TERRY L. WILES Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 Phelan Hallinan & Schmieg, LLP Attorney for ' rtiff , By: S. Hallinan, Esg6i Date: 6/12/08 29 c °m -sac-ri ? m? V3-' cr, (Y <-?; z, `':-. C -- tQ rn tJ1 ,.,? 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181-CIVIL TERM TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 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 TERRY L. WILES, 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 $120,868.59 Interest from 05/16/2008 to 07/16/2008 $1,235.04 TOTAL $122,103.63 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. ? r DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: oZ! 0 PR ROTH 178342 y' 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 3476 STATEVIEW BOULEVARD Plaintiff, V. TERRY L. WILES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181-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 TERRY L. WILES is over 18 years of age and resides at, 1075 MYERSTOWN ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Plaints j DANIEL A G. Sttorney for MIEG, E UIRE 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 NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS FOR GSMPS 2006-RP1 Plaintiff : CIVIL DIVISION Vs. TERRY L. WILES Defendants TO: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 DATE OF NOTICE: JUNE 26, 2008 : CUMBERLAND COUNTY NO. 08-3181-CIVIL TERM pip 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 ason Ricco, Legal Assistant ?, s 8 a N C d C= M r , -. Cr r1l eT? ? N ? n .. r: ..0 r ra Co (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TERRY L. WILES Defendant(s). CIVIL DIVISION NO. 08-3181-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on u al 200 . By: _DFrn.LLT-x Iyou have any questions concerning this matter, please contact: . SQUIRE DA IEL G. HMIEGI 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." (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. No. 08-3181 CIVIL TERM TERRY L. WILES Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 07/17/2008 - 12/10/2008 (per diem -$20.35) Add'I Costs TOTAL $122,103.63 $2,991.45 and Costs $2,349.00 $127,444.08 DANIEL G. SCHMIEG, ESQUIw-d One Penn Center at Suburban Sta W n 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representat=ive of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 178342 d O a a? z ?w a OH v? 00 ?z od w? H? d a f x w z C d ? ?.• z l ? d O ? Q ? G O ? V ; > d H 0. 1 p, L - 4 ? - 9L, Sb J r . US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 V. TERRY L. WILES Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181. CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, 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 ,1075 MYERSTOWN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Holly Pike Trading Company, Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) 9 Rapuano Way Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CitiFinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1075 MYERSTOWN ROAD GARDNERS, PA 17324 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. August 5, 2008 DATE DANIEL G. SCHMIEG, ESQW Attorney for Plaintiff 4? 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. TERRY L. WILES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to, unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRd- Attorney for Plaintiff 7 Cp. 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. TERRY L. WILES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU6 Attorney for Plaintiff P YJ US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. TERRY L. WILES Defendant(s). CUMBERLAND COUNTY No. 08-3181 CIVIL TERM August 5, 2008 TO: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 1075 MYERSTOWN ROAD, GARDNERS, PA 17324, 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 $122,103.63 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE :LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin in the center line of Township Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on the line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being designated as Lot No. 1 thereon. TRACT NO. 2: BEGINNING at an iron pin in the center line of Township Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and being described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. BEING THE SAME PREMISES VESTED IN Terry L. Wiles and Lori A. Wiles, his wife, by Deed from Ross H. Failor, Jr. and Tammy S. Failor, his wife, dated 06/03/2003, recorded 06/04/2003, in Deed Book 257, page 1865. PREMISES BEING: 1075 MYERSTOWN ROAD, GARDNERS, PA 17324 PARCEL NO. 08-15-0199-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3181 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for GSMPS 2006-RP1, Plaintiff (s) From TERRY L. WILES (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 $122,103.63 L.L.$ 0.50 Interest from 7/17/08 - 12/10/08 (per diem - $20.35) - $2,991.45 and Costs Atty's Comm O/o Arty Paid $157.00 Plaintiff Paid Date: 8/06/08 (Seal) Due Prothy $2.00 Other Costs $2,349.00 L Pro onotary Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE 'PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 DEFENDANT(S) TERRY L. WILES SERVE TERRY L. WILES AT: 1075 MYERSTOWN ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 08-3181 CIVIL TERM ACCT. #178342 Type of Action - Notice of Sheriff's Sate Sale Date: DECEMBER 10, 2008 SERVED Served and made known to TERR)I ?N (L.FS ? , Defendant, on the (q4 day of UST, 200$, at 0:10 o'clockA.m., at 1075 l " (v1J"STDwN R QA9 r ?7 APNa A,5 , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight aZ 30 Race W Sex M Other I,?t.D 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 sub ribed before me this a of Nota By: S V AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PLMTKOMM IC NOT SERVED NOTARY PUBL STATE OF NEW JERSEY On is *M (&PiRES 1012512012 , 200_, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: 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 J?i In `? ?? ' ?? ?-- ?:; ? , ?? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RPl Plaintiff Civil Division CUMBERLAND County VS. TERRY L. WILES Defendant No. 08-3181 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 21, 2008 in the amount of $122,103.63. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $19.92 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 $116,359.98 $7,443.50 $122.16 $1,250.00 $1,344.00 $0.00 $75.00 $0.00 $141.45 $0.00 ($0.00) $1,843.51 $128,579.60 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 6, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. h neM. ll'n Schmieg, LLP DATE: ? By: Michra ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Civil Division CUMBERLAND County VS. No. 08-3181 CIVIL TERM TERRY L. WILES Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TERRY L. WILES and LORI A. WILES 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 1075 MYERSTOWN ROAD, GARDNERS, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A. 2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VIL 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: IQ? &6 1' 11 (VMiche chmieg, LLP By: MMBradfo-rd, squire Attorney for Plaintiff Exhibit "A" C C= q O 'G7 F PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 7 (7% FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ' o m DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ' MICHELE M. BRADFORD, ESQ., Id. No. 69849 cz JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 178342 US BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR GSMPS 2006-RP 1 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff V. NO. 08- 318/ Civil lem CUMBERLAND COUNTY TERRY L. WILES E ?..? ter., ,a>d ?` 1075 MYERSTOWN ROAD ?` ;,.;> °.•' GARDNERS, PA 17324 Defendant 0.I a CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORS File #: 178342 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 #: 179342 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 !1: 178342 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 #: 178342 1. Plaintiff is US BA\K N.=ITIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/03/2003 TERRY L. & LORI A. WILES made, executed and delivered a mortgage upon the premises hereinafter described to COASTAL CAPITAL CORPORATION, D/B/A, THE MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page 4835. By Assignment of Mortgage recorded 03/04/2005 the mortgage was assigned to WASHINGTON MUTUAL BANK, FA which Assignment is recorded in Assignment of Mortgage Book No. 715, Page 3111. 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 01 /01 /2008 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 File #: 178342 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $116,359.98 Interest $3,306.72 12/01/2007 through 05/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $122.16 06/03/2003 to 05/15/2008 Cost of Suit and Title Search $550.00 Subtotal $121,588.86 Escrow Credit ($720.27) Deficit $0.00 Subtotal $720.27 TOTAL $120,868.59 7.. - -- If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The allomey'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 File #: 178342 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law-. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 11. Plaintiff hereby releases LORI A. WILES from liability for the debt secured by the mortgage. 12. By virtue of the death of and LORI A. WILES on 12/18/2006, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant with right of survivorship. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $120,868.59, together with interest from 05/15/2008 at the rate of $19.92 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. PHEL AN & SCHMIEG, LLP By: LA NC PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178342 LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin in the center line of Township Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on the line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being designated as Lot No. 1 thereon. TRACT NO. 2: BEGINNING at an iron pin in the center line of Township Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 File #: 178342 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 111111UICS 40 seconds `Vest, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and being described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. PREMISES: 1075 MYERSTOWN ROAD File #: 178342 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. g?3V Attorney DATE: Exhibit "B" PHELAN HALLINAN & SCHA .%;, 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 NATIONAL ASSOCIATION, AS TRUSTEE-FOR-GSMPS 2006-RP1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY FIL3181-CIVIL TERMO- PLEASC RETURN ?U; . ` T4. • ?. 55 L PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO -c ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 23 C10 r-- N r.? co rv 03 O i ?c Kindly enter an in rem judgment in Q i i and -against TERRY L. WILES, Defendant(s) for failure to file an Answer to ?E thin 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, a ss Plaintiffs damages as follows: As set forth in Complaint $120,868:59 Interest from 05/16/2008 to 07/16/2008 $1,235.04 TOTAL $122,103.63 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. ATTORNEY ` r PLE,gSF -1.6 I G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. _ DATE: '71AVI&K PR PROT 178342 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 6, 2008 TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I vs. TERRY L. WILES Premises Address: 1075 MYERSTOWN ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 08-3181 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, October 10, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Metndy Esquire For Phelan Hallinan & Schmieg, LLP Enclosure O O D a a U ?ll 1?1 ?z a a 0 N U a. Orr 0 GO ? p U - O O ? TJ h .?' O 4A 'C ': Q U ? N p e E F?? £ 0 L 6 L 300 d 0 &Z W02i=l C19JIVY1 , .5 8002 90100 0 408 LZb000 WL ZO OOV&O $ E w.s o ? oo NC: yZ 5nen 3 O . ?: q N - w ? 0 I d y o v o ? ? w e = ? M ? c ? E 0 7 v° E? >o a p o?C s w 0- C O w F N o 0 o E? W 910 y F ? M_ O ? h ? ,Y O O H'J HBO: ?1 / 1 U O > E . ? O FS QI ° p , a w o 9 a C/1 O ti ~ °l G W V U yy -- W a O a z> N z Go x o? a ; v , ? N z ~' ' O M F a -- N M ,T V 1 ?D t? 00 Ol 'IT 00 M O_ O? 0.1 a a ^O L G ? zeo VERIFICATION Michele M. Bradford, Esquirg, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: hh nn VS hmieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff VS. TERRY L. WILES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3181 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. TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 DATE: By: nBrradaforrW, r LLP Michelquire Attorney for Plaintiff ra c";r a CD u l f `'3 r ,.r a Wt 16 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Court of Common Pleas Plaintiff Civil Division vs. ' CUMBERLAND County TERRY L. WILES No. 08-3181 CIVIL TERM Defendant RULE AND NOW, this day of p Y 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to .Reassess` Damages. Rule Returnable on th? day of r}(? f 4 3 2008, at in 4e-Ivfafri Courtroom of the Cumberland County Courthouse, Carlisle, P sylvaru Y URT V 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 X71 1?r OES 16 la J. TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 TEL: 717-486-4316 178342 s c C's a n I ao 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 NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff VS. TERRY L. WILES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3181 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 was sent to the following individual on the date indicated below. TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 je VeeM. 'an & hmieg, LLP DATE: O? By: Bradford, quire Attorney for Plaintiff ??? c. ? t'..+ ..r.? ` }'t Vi a. k \f ? j s ?ni /( 54...E . ?-? ?, ? `'?! ` ":? ... ?? '? t "'w US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI Plaintiff, TERRY L. WILES V. Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) US RANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, 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 _1075 MVF.RSTOWN ROAD, GARDNFRS. PA 17324 1. 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) Holly Pike Trading Company, Inc. c/o George F. Douglas, III, Esq. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. P 1 November 10, 009 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff : - %,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff V. TERRY L. WILES Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1075 MYRRSTOWN RQAII_ GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsence 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. 178342 J IM Mt ju A . y? V/?.?A9a 0% zit q S A„ Nmoasoo 1A 4-4 Ow1w -IM 0% Itq Im Iv I-n 1 vs 1 r- 106 i Its] 1? I III 1 1+?a a I# fa k 2? r soise3ao0 z. bt 1 oo OO 08 ?OOp ?$ wjzo 00 c 0 a r_, 5 W ? a 0o 4i o A as ?y it L C V} O ? pp ^? 9 ? N ??? z 3ZSrn z ...i d >. v e ? ; a a ZQO 'a d. ? l Jig ?a M e 4 4 4 - 1 - J 8 1 N M ct V1 w P op O? O ^ ?"'? n ' N l M M rl - et H h rl . 1 x M? LO W h r o ?' C-1 y r y 4 7 d Q fx?? US BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR GSMPS 2006-RP1 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . : NO. 08-3181 Civil Term VS. . TERRY L. WILES, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on November 26, 2008 at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: November 21, 2008 J Dale F. u ar , Jr. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Terry L. Wiles ^] (T")tzrl : i tv3 _?f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP1 Civil Division Plaintiff CUMBERLAND County VS. No. 08-3181 CIVIL TERM TERRY L. WILES : Defendant ..??yy?? ORDER AND NOW, this °? day of do? , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $116,359.98 Interest Through December 10, 2008 $7,443.50 Per Diem $19.92 Late Charges $122.16 Legal fees $1,250.00 Cost of Suit and Title $1,344.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $141.45 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 OF I ' Suspense/Misc. Credits ($0.00) Escrow Deficit $1,843.51 TOTAL $128,579.60 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. figure. 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.bradfordkfedphe.com TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 Tel: 717-486-4316 Sheriffs commission is not included in the above B J. ?°PY ??ic1 ll-?b-avatr yet y9? 178342 ? ra r? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GSMPS 2006-RPl Tr 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 6th day of August, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3181, at the suit of GSMPS 2006-RP 1 Tr against Terry L Wiles is duly recorded as Instrument Number 200840579. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of &ej?- ?, A.D. a0?1 Aacr.i3.n oi ,.;, s, k'wnbedand County, CadiA, PA My Cornim&sion Expkas the Fist Monday of Jan. 2010 US Bank National Association, as Trustee for GSMPS VS Terry L. Wiles In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3181 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2008 at 1300 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terry L. Wiles by making known unto Delores Pine, Mother of Terry L. Wiles, at 1075 Myerstown Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2008 at 1704 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 Terry L. Wiles, located at 1075 Myerstown Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Terry R. Wiles, by regular mail to her last known address of 1075 Myerstown Road, Gardners, PA 17324. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of US Bank National Association, as Trustee for GSMPS 2006-RP 1. It being the highest bid and best price received for the same, US Bank National Association, as Trustee for GSMPS 2006- RP 1 of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,373.13. Sheriff s Costs: Docketing $30.00 Poundage 26.92 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 22.00 Levy 15.00 Surcharge 20.00 Law Journal 569.00 Patriot News 510.29 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,373.13 12-130108 co . ,1 C'' j- y- POOL ,bUv aA*- F, y C -7a2 SV /,V 9.7 2 So Answers: R. Thomas Kline, Sheriff BY Jar Real Estate ' rgeant US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. TERRY L. WILES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3181 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI, 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 X1075 MYERSTOWN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Holly Pike Trading Company, Inc. 9 Rapuano Way Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CitiFinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1075 MYERSTOWN ROAD GARDNERS, PA 17324 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. August 5. 2008 0?'-)..a. DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff _,. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. CUMBERLAND COUNTY No. 08-3181 CIVIL TERM TERRY L. WILES Defendant(s). August 5, 2008 TO: TERRY L. WILES 1075 MYERSTOWN ROAD GARDNERS, PA 17324 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1075 MYERSTOWN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $122,103.63 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR GSMPS 2006-RP1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin in the center line of Township Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on the line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being designated as Lot No. 1 thereon. TRACT NO. 2: BEGINNING at an iron pin in the center line of Township Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and being described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. BEING THE SAME PREMISES VESTED IN Terry L. Wiles and Lori A. Wiles, his wife, by Deed from Ross H. Failor, Jr. and Tammy S. Failor, his wife, dated 06/03/2003, recorded 06/04/2003, in Deed Book 257, page 1865. PREMISES BEING: 1075 MYERSTOWN ROAD, GARDNERS, PA 17324 PARCEL NO. 08-15-0199-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTU OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3181 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION , as Trustee for GSMPS 2006-RP1, Plaintiff (s) From TERRY L. WILES (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 $122,103.63 L.L.$ 0.50 Interest from 7/17/08 -12/10/08 (per diem - $20.35) - $2,991.45 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $157.00 Other Costs $2,349.00 Plaintiff Paid Date: 8/06/08 Pro notary (Seal) By: ' Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 38 On August 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 1075 Myerstown Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2008 By: Real Estate 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 statenwnts as to time, place and character of publication are true. f f U-, --- 6i Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notory Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 NA AL NWATS AA&& MO. 38 Writ No. 2008-3181 Civil US Bank National Association, As Trustee for GSMPS 2006-RP1 VS. Terry L. Wiles Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situ- ate in Dickinson Township, Cumber- land County, Pennsylvania, bounded and described as follows: Tract No. 1-BEGINNING at an iron pin in the center line of Town- ship Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monu- ment on- the line of Lot No. 2 on the 2 i r nmmfioned Plan of Lots; t ce alang the latter, North 55 ae- s N minutes 04 secands West a tiatarwe of 3159.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and be- ing described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being $w.xig"aEra ais Lint NS: -1 thereon- TRACT NO. 2: BEGINNING at an iron pin in the center line of Town- ship Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 min- utes 40 seconds West, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and be- ing described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wol- ford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. BEING THE SAME PREMISES VESTED IN Terry L. Wiles and Lori A. Wiles, his wife, by Deed from Ross H. Failor, Jr. and Tammy S. Failor, his wife, dated 06/03/2003, recorded 06/04/2003, in Deed Book 257, page 1865. PREMISES BEING: 1075 MY- ERSTOWN ROAD, GARDNERS, PA 17324. PARCEL NO. 08-15-0199-016. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29108 11105/08 11112/08 /. ?............ Sworn to aZt;> &)kribed before (ne this 1,5(day,of November, 2008 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Hsrtisburg, Da #M Courtly My Commission Evires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 38 Writ No. 201/8-81181 Chdl Term US Bank National Association, as Trustee for GSMPS 2008-RP1 VS Terry L Wiles Attorney Daniel Schmieg LEGAL DESCRIPTION ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County,.Pennsylvania, bounded and described as follows: Tract No. r'= BEGINNING at an iron pin in the center be of Township Road No. T-524 on he of landi now or formerly of William Skilton; thence along the law, South 59 degrees 42 minutes 10 seconds East, a distance of 415.75 feet to a concrete monument on the line.of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on.9>e line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the -center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGays by Stewart Whittier. RE., dated June 30, 1978, and recorded in the Office of the Receadar of Deeds fac Cumberland-Comity, Paq in PWo Book 33, pWe,il11,aad be* deeigeaad,aa rat ?4.1 tbcise. TRAM' N0.2; & G at as ittia pot in the center J1ttr of Township Resid T-524 as the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete mommmert on the he of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 degrees 46 minutes 00 seeds: West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 55.00 fact (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. . Containing 0.18 acres and being described according to, Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid; in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. , BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor,-Jr. and Tammy S. Failot his. wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. BEING THE SAME PREMES VESTED IN Terry L. Wiles and W A. Wiles, his wife, by Deed from Ross H. Failor, Jr. and Tammy S. Failor, his wife, dated 06103/2003, recorded 06/ 0412003, in Deed took 257, page 1865. PREMISES BEING: 1075 MYERSTOWN ROAD, GARDNERS, PA 17324 PARCEL NO. 08-15-0199-016