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HomeMy WebLinkAbout08-3708PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 v"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 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 180278 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b8- 3708 C V% l Tetot CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180278 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 #: 180278 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 #: 180278 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 #: 180278 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/25/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1419, Page 1094. By Assignment of Mortgage recorded 07/19/1999 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED which Assignment is recorded in Assignment of Mortgage Book No. 619, Page 515. 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. File #: 180278 5 6. 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $75,568.41 Interest $3,345.12 12/01/2007 through 06/20/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $109.76 11/25/1997 to 06/20/2008 Cost of Suit and Title Search 550.00 Subtotal $80,823.29 Escrow Credit ($289.63) Deficit $0.00 Subtotal 289.63 TOTAL $80,533.66 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 parry 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 File #: 180278 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. ROXANNE L. BALOG; IRS Docket No. 2005-03564; filed 07/14/2005; in the amount of $9,733.93. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,533.66, together with interest from 06/20/2008 at the rate of $16.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ? A?A A I I, i ? r (z LJ %W4 1K - "IQ., By: LAWRENCE T. HELAN, ESQ FRANCIS S. HALLINAN, ESQLtkE DANIEL G. SCHMIEG, ESQUIRE ?MICHELE M. BRADFORD, ESQUIRE I.p.(p 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 #: 180278 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the eastern line of Thirty-First Street from the Southern line of Chestnut Street; thence in a Southerly direction, along Thirty-First Street, Forty-five and Three Tenths (45.3) feet to a point; thence in an Easterly direction, along a line at right angles to Thirty-First Street, One Hundred Seventy-Three and Eight Tenths (173.8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thirteen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hundred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two-story brick dwelling house known as No. 113 South Thirty- First Street, Camp Hill, Pennsylvania. PARCEL: 01-21-0273-438 File #: 180278 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. DATE: 1-1 -Jhl?WABA 9 ttorney for Plaintiff 1 I D -08f I 00 ,,_... c:., ?7 p vi ...r., J ? - ? ??- r ?? -? ? ? ? -,? D C„?? -. i SHERIFF'S RETURN - REGULAR CASE NO: 2008-03708 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BALOG ROXANNE L AKA ROXANE L RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MOPT PnPw was served upon the BALOG ROXANNE L AKA ROXANE L BALOG DEFENDANT at 1920:00 HOURS, on the 27th day of June , 2008 at 113 SnTTTT4 "A l cT c rnvvm CAMP HILL, PA 17011-4510 ROXANNE L BALOG by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 1/02 /0 F L?, 00 43.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/30/2008 PHELAN HALLINAN SCHMIEG By. Deputy eriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: --4wY-w ?' 6??" Francis S. Hallinan, Esquire Date: PHS #: 180278 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Vs. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendant(s) 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: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 CIVIL TERM 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: jfrmy-u l Francis S. Hallinan, Iftsquire Date: v 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 unworn falsification to authorities. - q44 id - 114 wo 1:4 ? Name: Nicole Miles DATE: 06/23/2008 Loan: 5935048990 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 180278 r- ?l ? ?. „. ?3 (v , .,e ?t . .. ? , .. . -, ?: ?1J 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 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 CIVIL TERM ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET . CAMP HILL, PA 17011-4510 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 ROXANNE L. BALOG A/K/A ROXANE L. BALOG and, 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 $80,533.66 Interest from 06/21/2008 to 08/13/2008 $894.24 TOTAL $81,427.90 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. 4 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: zip! PR PROTHY 180278 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Vs. ROXANNE L. BALOG A/K/A ROXANE L. BALOG THE UNITED STATE OF AMERICA C/O THE UNITED STATE ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-3708 CIVIL TERM TO: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 170114510 DATE OF NOTICE: JU11,V 25, 2008 94A41 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 Legal Assistant s E?j ?, PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD v. Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 CIVIL TERM ROXANNE L. BALOG A/K/A ROXANE L. BALOG : Defendant(s). 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 ROXANNE L. BALOG A/K/A ROXANE L. BALOG is over 18 years of age and resides at, 113 SOUTH 31ST STREET, CAMP HILL, PA 17011- 4510. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ib 9?? V t? a d s 01 C-) C M r a,J J C7 =-a (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. . NO. 08-3708 CIVIL TERM ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 15, U 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA 1617 JOHN F. KENNEDY BLVD., SUI'TE L? 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." q PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, NA Plaintiff, V. ROXANNE L. BALOG A/KIA ROXANE L. BALOG Defendant(s). No. 08-3708 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/14/2008 - 12/10/2008 (per diem -$13.57) Add'1 Costs TOTAL $81,427.90 $1,614.83 and Costs $83,042.73 ell /I =R.? OVA 5 5 DANIEL G. SCHMIEG, ESQY#ZE One Penn Center at Suburban JJ tion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 180278 d 4z arA zz Oa O? a? Od V? ?W F? ?V z t O W a R V Ty oo oo ?p vi D 0 a a d C W a O Wy O ? F it G W CA W a? U a a r? O ti d a. v3 Q d N JOA w Q ` b a et a d a a a x H r ? M F O M 00 N O 00 -.r WELLS FARGO BANK, NA CUMBERLAND COUNTY COURT OF COMMON PLEAS ROXANNE L. BALOG A/K/A ROXANE L. BALOG : CIVIL DIVISION V. Plaintiff, Defendant(s). NO. 08-3708 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, NA, 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,113 SOUTH 31ST STREET, CAMP HILL, PA 17011-4510. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROXANNE L. BALOG A/K/A ROXANE L. 113 SOUTH 31ST STREET BALOG CAMP HILL, PA 17011-4510 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 U.S. INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH THE UNITED STATES OF AMERICA C/O THE UNTED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1001 LIBERTY AVENUE STE 1300, THIRTEENTH FLOOR PITTSBURGH, PA 15222 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 280946 DEPARTMENT OF REVENUE HARRISBURG, PA 17128-0946 BUREAU OF COMPLIANCE 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. "S-=". August 28, 2008 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff L, +? 4??? F ??1 Syr ?+? .? Y? ^.. ? { '? ? 4 ? „ .: -t 1?" ' w? ... t. l...F / 4 } ` ? ?; ? . ? , 4 1 .? ?-?? ?? ?r ?-? ` c ? .. c..? PIIELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA . Plaintiff, V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG . Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 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, ESQU Attorney for Plaintiff r? ?^`} ?? C? C ? ? ??? -°r't ' '? y 5"1 t :- ? f??,. ?,?.w :. y.. . T ?jr ?-:: .-?' -^? r- .d; L. WELLS FARGO BANK, NA Plaintiff, V. CUMBERLAND COUNTY No. 08-3708 CIVIL TERM ROXANNE L. BALOG A/K/A ROXANE L. BALOG : Defendant(s). August 28, 2008 TO: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 113 SOUTH 31ST STREET, CAMP HILL, PA 170114510, 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 $81,427.90 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r . . LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the eastern line of Thirty-First Street from the Southern line of Chestnut Street; thence in a Southerly direction, along Thirty-First Street, Forty-five and Three Tenths (95.3) feet to a point; thence in an Easterly direction, along a line at right angles to Thirty-First Street, One Hundred Seventy-Three and Eight Tenths (173.8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thirteen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hundred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two-story brick dwelling house known as No. 113 South Thirty-First Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES VESTED IN Roxanne L. Balog, single person, by Deed from Marion L. Buser, single person, dated 08/30/1996, recorded 09/04/1996 in Book 145, Page 504. PREMISES BEING: 113 SOUTH 31 ST STREET, CAMP HILL, PA 17011-4510 PARCEL NO. 01-21-0273-438 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3708 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA Plaintiff (s) From ROXANNE L BALOG A/K/A ROXANE L BALOG (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 $81,427.90 L.L.$0.50 Interest FROM 8/14/2008-12/10/2008 (PER DIEM-$13.57) $1,614.83 Atty's Comm % Atty Paid $162.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 29, 2008 (Seal) REQUESTING PARTY: /S l Cu'z' 2 4".4 is R. Long, Prothonotary r?- By:_ Deputy Name DANIEL G SCHMIEG ESQ Address: 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 *Re- A--t7fM- QT= ARFwaasty no-r S.?R v? 9-a?-o8 ?f AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, NA No. 08-3708 CPAL TERM DEFENDANT(S) ROXANNE L. BALOG A/K/A ROXANE L. BALOG ACCT. #180278 SERVE ROXANNE L. BALOG A/K/A ROXANE L. BALOG AT: Type of Action 113 SOUTH 31ST STREET - Notice of Sheriff's Sale CAMP HILL, PA 170114510 Sale Date: DECEMBER 10, 2008 SERVED Served and made known to 'RO x 14N t E t . ?,-LO & _ Defendant, on the I l ''P' day of OCTO h PR • 200_9 at 3'. 00 , o'clock p .m., at 113 S. 3 / sl ST- , C74- xb H IL-(- , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refined 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 40_! Height ,Y Weight 19 0 Race W Sex -F Other I, R4 IV -" M0 t i- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. C6NrIfJUEp iK +T7PM ors R1:su L7r..A i n/ S cccc Es'sf;,t L_ Sworn to and su bed s V 1 C F befo a me this 1(I'h day Notary; 200 BY * .? pL Public AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Oft* of Now Je s" NOT SERVED PATRICIA E. HARRIS On them?siort Ex" J of 16, 2013 .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1* Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me ibis day of _ 200_. Notary: By: Vacant god Attempt: / ! Time: Attorney for Plaintiff DANIEL G. SCF0MG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 _z ? ? ?2 { I 1 sr? `itirt'lY''edtft' PHELAN HALLiNAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County ROXANNE L. BALOG No. 08-3708 CIVIL TERM A/K/A ROXANE L. BALOG Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 23, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 15, 2008 in the amount of $81,427.90. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $16.56 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 $75,568.41 $6,187.53 $109.76 $1,625.00 $1,444.00 $0.00 $45.00 $0.00 $0.00 $0.00 ($0.00) $2,413.30 $87,393.00 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Iliman & ieg, LLP DATE: By: Michele MM. Bradford, uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ROXANNE L. BALOG No. 08-3708 CIVIL TERM A/K/A ROXANE L. BALOG Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ROXANNE L. BALOG A/K/A ROXANE L. BALOG 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 113 SOUTH 31 ST STREET, CAMP HILL, PA 17011- 4510. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty! Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: a Cal bt e n a & c ieg, LLP By: ichele M. radford, quire Attorney for Plaintiff Exhibit "A" r^ rya ? J ---, > °rt a:-;a c'? ?.? ,,,, _x.z `> ., ::` ? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 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 PHILADELPHIA, PA 19103 (215) 563-7000 180278 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 170114510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 Defendants n N _ i1 CZ? p `r7 -; 'D?t o G ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 370g l: ivi l -re CUMBERLAND COUNTY t b ? x8 1 P Gt'i? ' 3bQ :r43c 6a"''. HIV aq ?l the '+e erred cop y CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180278 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 #: 180278 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 #: 180278 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 #: 180278 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/25/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1419, Page 1094. By Assignment of Mortgage recorded 07/19/1999 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED which Assignment is recorded in Assignment of Mortgage Book No. 619, Page 515. 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. File #: 180279 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 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 $75,568.41 Interest $3,345.12 12/01/2007 through 06/20/2008 Attorney's Pees $1,250.00 Cumulative Late Charges $109.76 11/25/1997 to 06/20/2008 Cost of Suit and Title Search 550.00 Subtotal $80,823.29 Escrow Credit ($289.63) Deficit $0.00 Subtotal 289.63 TOTAL $80,533.66 7. 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of File #: 180278 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. ROXANNE L. BALOG; IRS Docket No. 2005-03564; filed 07/14/2005; in the amount of $9,733.93. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,533.66, together with interest from 06/20/2008 at the rate of $16.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP F By. W-W - I "IQ. - LAWRENCE T. HELAN, ESQ1ARE FRANCIS S. HALLINAN, ES6bti DANIEL G. SCHMIEG, ESQUIRE WkCHELE M. BRADFORD, ESQUIRE l..p.(p 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 #: 190278 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the eastern line of Thirty-First Street from the Southern line of Chestnut Street; thence in a Southerly direction, along Thirty-First Street, Forty-five and Three Tenths (45.3) feet to a point; thence in an Easterly direction, along a line at right angles to Thirty-First Street, One Hundred Seventy-Three and Eight Tenths (173.8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thirteen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hundred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two-story brick dwelling house known as No. 113 South Thirty- First Street, Camp Hill, Pennsylvania. PARCEL: 01-21-0273-438 File #: 190279 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 IS Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 044 ey for Plaintiff 0'/ I . D.&W I ?? DATE: ?(A Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff, ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 170114510 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C7 v CIVIL DIVISION BE NO. 08-3708 CIvlihi 51M Ar ,? o M ^a 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 ROXANNE L. BALOG A/K/A ROXANE L. BALOG and, 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 $80,533.66 Interest from 06/21/2008 to 08/13/2008 $894.24 TOTAL $81,427.90 I hereby certify that (1) the ad Viand Defendant(s) are as shown above, and (2) that notice has been given in accordan i? *e237.1 copy attached. DANIEL G. SCHMIEG, ESQUIR Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: sl- '-(,?-kA.W4!&JZ PR PROT 180278 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 16, 2008 ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 RE: WELLS FARGO BANK, NA v. ROXANNE L. BALOG, A/K/A ROXANE L. BALOG Premises Address: 113 SOUTH 31 ST STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 08-3708 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damag',-> and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Tuesday, October 21, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. NMicery truly yours Yele . For Phelan Hallinan & Schmieg, LLP Enclosure Q w on o I a M x H 0 M ^O d' Q v o w ? z k, ?r a a ? ?o C vn ? ?° o a a x C ? W .tea a. Ix o N .D 00 N z V O 00 V ^'I y ? .Q CA ZQO `, o L6 G 3aoo diz woad a3lldw 8002 91100 0l a2 m O y V ?0.5 ? o v v o °1 C N E g 081zb000 oa&I&a $ wu z0 aro s3nnoe e3M#md ® •i'( ? S I E E ? w . o d o° c c 5 N ?+ C v G v ?+ E El ) U W 'X ° v v E o . a c v $ yNy v 9 ? W = V U T C Q^ O N . a ?, m O O « G O W Vf - .-. ° o= -= a, a. E E. . m E r, e Q rn ? d 0 o v 4 s x 0 v E a T N a. w ._ U v 40 0 0 ?a z; F a v b W .a d zy v '-' N M '?h V'1 ? n 00 Q? O N M d' V1 ° 6 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. rh 1 'nan R S hmieg, LLP DATE: dil-A. d By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3708 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. ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 Michele linan chmieg, LLP DATE: By: . Bradford, Esquire Attorney for Plaintiff rv> f.? _? ?=i ? f. -,? <7?? ryv _ ;?? ?F- +f,£ J Y r ?, ? ?L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ROXANNE L. BALOG No. 08-3708 CIVIL TERM A/K/A ROXANE L. BALOG Defendants OCT 2 7 2008q RULE AND NOW, this Jr"6'L day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. e A.0. Rule Returnable on the day of 2008, at S. in tie-Main no. ;? Courtroom)fof the Cumberland County Courthouse, Carlisle, Pennsyl 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 `_aa IVS ma i Lk t KUXANNE L. BALO , A Y,JA ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 180278 LU . g t z, .} rx Q N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3708 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: I I I S01ITH 31 ST STREET, CAMP HILL, PA 17011-4510. 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. DANIEL G. SCHM G, ESQUIRE,-,;;" Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the absence of a renresenta_tive 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. 180278 7178 2417 6099 0012 9423 4 / JED US INTERNAL REVENUE SERVICE, SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVE STE 1300 THIRTEENTH FLOOR PITTSBURGH, PA 15222-0000 USPS - Track & Confirm °4i t. Page 1 of 1 Home I Heio Track & Confirm Track Confirm Search Resuhs Label/Receipt Number: 7178 2417 6099 0012 9423 Detailed Results: • Delivered, September 15, 2008, 9:58 am, PITTSBURGH, PA 15222 • Arrival at Unit, September 13, 2008, 4:46 am, PITTSBURGH, PA 15219 • Acceptance, September 11, 2008,4:25 pm, PHILADELPHIA, PA 19102 ¦ Electronic Shipping Info Received, September 11, 2008 .r Ba #am USiRS cal Nom'.. pptat? _._ Return Receipt (Electronic) Verify who signed for your item by email. GA>a Ttaick & Confirm Enter Label/Receipt Number. L f ite M Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts i 1 Copyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FQlA 7178 2417 6099 0012 9430 4 / JED THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101-0000 USPS - Track & Confirm Track & Confirm Search Resales Label/Receipt Number: 7178 2417 6099 0012 9430 Detailed Results: • Delivered, September 17, 2008, 7:27 am, HARRISBURG, PA 17108 Notice Left, September 17, 2008, 6:30 am, HARRISBURG, PA 17108 Acceptance, September 11, 2008,4:25 pm, PHILADELPHIA, PA 19102 Electronic Shipping Info Received, September 11, 2008 .rBnc.3r ? Raularn lr>;e Ucaa? ? s I dTcation Qptims Return Receipt (Electronic) Verify who signed for your item by email. ?"3 Page 1 of 1 TrCk Comm Enter Labe`UReoeipt Number. Site a Contact Us Forms Govt Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOfA ? STA ?',? Home I Help a a U U v 0.0 oC ? G ?Q ?a ? a b zoo w £ 0 l6 3UO3 diz woad a3 1vvt - soot lld3S otosLWio 7N s io oZ9'£Q $ ps 9 z SM MOV A3K !? V . o Qp? .g s S? $ .? w a N 6 Q ~ O ?p 5 x x ? w A$ 4 o a U Q ?N # 00 t- a??? 0 -a q o° M W? Q 0 C', >a 00 v? W 0 t; z R g? 0 0 w ?Q ?a w? U ( a 3 bz WW ? ? Ac 00 y i -D 0" rA 0 -= O 0 ?o U >P?1 a o > O as o ti a? U a ;a W "" W N a w gg -g w O Q O aw 00 ? OA Q ? O j e aM o ?N v q ?Up° "" a o ? ?? vc 0 a?? ? >a 3 0 o ?? ria t? C) 04- tr ? ? i o? W WA z ''e, ?' a p ? N ° O Op p o o ? i p Aq m a a Q A ? Q as z ,,, 0 m¢ AU-.U O UA p cn c=, U c ? 10 , ?a a Aa v? o ° A? ? W O z a. U , A U pq I -I N z Q xcaxaa a? N M v en r ,? ., •? ??? N ?;: ?: ?` .. r«'s PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3708 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 e Z ro s was sent to the following individual on the date indicated below. ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 Phelan Hallinan & Schmieg, LLP DATE: 4?7 By_ Michele M. Bradford, Esquire Attorney for Plaintiff ?....f !"^?? i"^'? F ? ...,-1 .7 .. WELLS FARGO BANK, N.A. Plaintiff VS. ROXANNE L. BALOG a/k/a ROXANE L. BALOG Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3708 Civil Term Civil Division 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 December 1, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: December 1, 2008 Dale F. u a t, Jr. Supreme Court I. . 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Roxanne L. Balog K.. y' ii , ti' 4'? "?,.? . ' r' y -,r8= ? ? ? ? + `?J', IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff V. ROXANNE L. BALOG A/K/A ROXANE L. BALOG Civil Division CUMBERLAND County No. 08-3708 CIVIL TERM Defendants ORDER AND NOW, this l- day of . 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 $75,568.41 Interest Through December 10, 2008 $6,187.53 Per Diem $16.56 Late Charges $109.76 Legal fees $1,625.00 Cost of Suit and Title $1,444.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $2,413.30 $87,393.00 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not din the above figure. in THE `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(a?fedphe.com ?ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31 ST STREET CAMP HILL, PA 17011-4510 l:O tEIS rne'It1 k 180278 r"`a co -TI c?7 4 , °' s`. co PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 TTORNEY FOR PLAINTIFF WELLS FARGO BANK, NA Court f Common Pleas Plaintiff Civil ivision vs CUM ERLAND County ROXANNE L. BALOG No. 08 3708 CIVIL TERM A/K/A ROXANE L. BALOG, ET AL PHS# 80278 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case prejudice. Please mark the above referenced case X Please mark Judgments satisfied and the ended. Please Vacate the judgment entered and ended without prejudice. tinued and Ended without Discontinued and Ended. settled, discontinued and the action discontinued and Please withdraw the complaint and mark t e action discontinued and ended without prejudice. Date: December 12, 2008 Francis S. Hallinan Attorney or Plaintiff r.? ? - - ? - ;; -, ?r? ? -- ?.. c ?? : . ? _ r ?'',` ?-„ s? C`;? ?? .. Wells Fargo Bank, NA In the Court of Common Pleas of VS Cumberland County, Pennsylvania Roxanne L. Balog a/k/a Roxane L. Balog Writ No. 2008-3708 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1110 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: Roxanne L. Balog a/k/a Roxane L. Balog, by making known unto Roxanne Balog personally, at 113 South 31st Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0915 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 Roxanne L. Balog a/k/a Roxane L. Balog, located at 113 South 31st Street, Camp Hill, 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: Roxanne L. Balog a/k/a Roxane L. Balog, by regular mail to her last known address of 113 South 31 st Street, Camp Hill, PA 17011. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 1,800.18 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 346.37 Share of Bills 14.92 / ? 2{ a S? 09 ?., $2,643.97 So An R. Thomas Kline, Sheriff CA ti BY Real Estate rgeant c G 8 2, (tea ,ai3?f f- Lu. 6u U-J CS.,# [.% iE- 15 C= WELLS FARGO BANK, NA V. 1 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS ROXANNE L. BALOG A/K/A ROXANE L. BALOG : CIVIL DIVISION Defendant(s). NO. 08-3708 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK. NA, 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 ,113 SOUTH 31ST STREET. CAMP HILL, PA 170114510. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROXANNE L. BALOG A/K/A ROXANE L. 113 SOUTH 31ST STREET BALOG CAMP HILL, PA 170114510 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 U.S. INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH THE UNITED STATES OF AMERICA C/O THE UNTED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1001 LIBERTY AVENUE STE 13009 THIRTEENTH FLOOR PITTSBURGH, PA 15222 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 280946 DEPARTMENT OF REVENUE HARRISBURG, PA 17128-0946 BUREAU OF COMPLIANCE 4. Name and address of last recorded holder of every mortgage of record: ` Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 SOUTH 31ST STREET CAMP HILL, PA 17011-4510 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 2$061 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 28, 2008 DATE DANIEL G. SCHMIEG, ESQ6'E Attorney for Plaintiff #W "If WELLS FARGO BANK, NA Plaintiff, V. CUMBERLAND COUNTY No. 08-3708 CIVIL TERM ROXANNE L. BALOG A/K/A ROXANE L. BALOG : Defendant(s). August 28, 2008 TO: ROXANNE L. BALOG A/K/A ROXANE L. BALOG 113 SOUTH 31ST STREET CAMP HILL, PA 170114510 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY.'" Your house (real estate) at, 113 SOUTH 31ST STREET, CAMP HILL. PA 170114510, 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 1427.90 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: X215) 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 rruay 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.) 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 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland, aud State of Pennsylvania, bounded and described as follows to wit: ' BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the eastern line of Thirty-First Street from the Southern line of Chestnut Street; thence in a Southerly direction, along Thirty-First Street, Forty-five and Three Tenths (45.3) feet to a point; thence in an Easterly direction, along a line at right angles to Thirty-First Street, One Hundred Seventy-Three and Eight Tenths (173.8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thirteen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hundred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two-story brick dwelling house known as No. 113 South Thirty-First Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES VESTED IN Roxanne L. Balog, single person, by Deed from Marion L. Buser, single person, dated 08/30/1996, recorded 09/04/1996 in Book 145, Page 504. PREMISES BEING: 113 SOUTH 31ST STREET, CAMP HILL, PA 170114510 PARCEL NO. 01-21-0273438 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3708 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA Plaintiff (s) From ROXANNE L BALOG A/K/A ROXANE L BALOG (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 $81,427.90 L.L.$0.50 Interest FROM 8/14/2008-12/10/2008 (PER DIEM-$13.57) $1,614.83 Atty's Comm % Atty Paid $162.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 29, 2008 (Seal) s k s R. Long, Prothnnonot /+- By: "t, [ LQ.t v Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: 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 #79 On September 8, 2008 the Sheriff levied upon the defendant's interest in the reW rty situated in Camp Ill Borough, Cumber d County, PA Known and numbered as 113 South 31 st St., Camp Hill f, more fully described on Exhibit "A" , ?. filed with this writ and by this reference incorporated herein. Date: September 8, 2008 By: 6, ??tA Real E 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 stiller ell is as to time, place and character of publication are true. Marie SWORN TO AND SUBSCRIBED before me this 14 day of November. 2008 '74 09-K-? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 201 0 W" e" " Writ No. 2008-3708 Civil Wells Fargo Bank, NA VS. Roxanne L. Balog a/k/a Roxane L. Balog Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the eastern line of Thirty-First Street &a= tin amsbow lime of C1tsDS nut lit: tba"O? i m A Southerly direction, aloes lidny First Street, Forty-five and Three Tenths (445.3) feet to a point; tbwwm in an Easterly direction, along a line at right angles to Thirty-First Street, One Hundred Seventy-Three and Eight Tenths (173.8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thir- teen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hun- dred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two- story brick dwelling house known as No. 113 South Thirty-First Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES VESTED IN Roxanne L. Balog, single person, by Deed from Marion L. Bus- er, single person, dated 08/30/1996, recorded 019/04/1996 in Book 145, Page 504. PREMISES BEING: 113 SOUTH 31ST STREET, CAMP HILL, PA 17011-4510. PARCEL NO. 01-21-0273-438. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 I nquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Comr lonwealth 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 F atriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all ft /e 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; ind/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 stock solders 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: 10/29/08 11/05/08 11/12/08 Sworn to and before me this 25 dWof November, 2008 A.D. C ?? SOW NAN{q Nohy Pubic My N' aupfMn cowl y 20.2011 M . Pennsylvan Assodatfo,? of kofarw Real Estate Sale No. 79 Wit No. 2008-3708 Civil Term Wells Fargo Bank, NA VS Roxanne L. Belog Wide Roxane L. Bafog Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the eastern line of Thirty-First Street, formerly Girard Avenue, at the corner of a Fifteen feet wide alley, said point being One Hundred Seventy-Two and Eight Tenths (172.8) feet measured Southwardly along the easier n line of Thirty-First Street from the Southern line of Chestnut Street; thence in a Southerly direction, along Thirty-First Street, Forty-five and Three Tenths (45.3), fat to a point; thence in an Easterly direction, along a line at right angles to Thirty-Fast Street, One Hundred Seventy-Three and Eight Tenths (173:8) feet to an alley; thence in a Northerly direction, along the Western line of said alley, Thirteen and Three tenths (13.3) feet to a Fifteen feet alley; thence in a Westerly direction, along the Southern line of said last mentioned alley, One Hundred Seventy-Six and One-tenths (176.1) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two-story brick dwelling house known as No. 113 South Thirty- First Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES VESTED IN Roxanne L. Balog, single person, by Deed from Marion L. Buser, single person, dated 08!30! 1996, recorded 09AW1996 in Book 145, Page 504. PREMISES BEING: 113 SOUTH 31ST STREET, CAMP HILL, PA 170114510 PARCEL NO. 01-21-0273438