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HomeMy WebLinkAbout08-4759PHELAN 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 180928 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137 121 ST STREET URBANDALE, IA 50323 Plaintiff V. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d$ - 51759 O ivi l (erns CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180928 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 #: 180928 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 File #: 180928 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 180928 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137 121ST STREET URBANDALE, IA 50323 2. The name(s) and last known address(es) of the Defendant(s) are: NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/20/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1935, Page 4745. 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 01/24/2008 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. File #: 180928 6. The following amounts are due on the mortgage: Principal Balance $113,180.32 Interest $5,755.50 12/24/2007 through 08/05/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 12/20/2005 to 08/05/2008 Cost of Suit and Title Search 550.00 Subtotal $120,735.82 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $120,735.82 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 Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 180928 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $120,735.82, together with interest from 08/05/2008 at the rate of $25.58 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 & SCHMI G, LLP ail A /), By: `. LA NCE HELAN, ES IRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE V-IGIICHELE M. BRADFORD, ESQUIRE I. D h Q14 I 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 #: 180928 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. ADDRESS: 233 BRIDGE St.; NEW CUMBERLAND, PA 170702127 TAX MAP OR PARCEL ID NO.: 25-25-0006-291 File #: 180928 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 withil1 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. DATE: g"5 d y ."ot -6? oo co J O c -?? ?- =It M? . 0 L SHERIFF'S RETURN - REGULAR CASE NO: 2008-04759 P COMMONWEALTH OF PENNSYLVANIA: -?- COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PENNSYLV .•. VS BEST NANCY L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BEST NANCY L the DEFENDANT , at 2005:00 HOURS, on the 3rd day of September, 2008 at 233 BRIDGE STREET APARTMRNT R NEW CUMBERLAND, PA 17070-2127 by handing to CHARLES BEST ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 00 q)03) ©4 45.00 So Answers: R. Thomas Kline 09/04/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy heriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PENNSYLV VS BEST NANCY L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BEST CHARLES N the DEFENDANT , at 2005:00 HOURS, on the 3rd day of September, 2008 at 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 by handing to CHARLES BEST a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ?'oFf6p- 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline i 09/04/2008 PHELAN HALLINAN SCHMIEG By: - _ ?--? Deputy Sheri 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. NANCY L. BEST CHARLES N. BEST Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4759-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: Francis S. Hallinan, Es ire Date: PHS #: 180928 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. NANCY L. BEST CHARLES N. BEST Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4759-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: NANCY L. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 CHARLES N. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Es ire VERIFICATION Kevin Butterwegge hereby states that he/she is d' of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to 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. A46/ Name: Ke Butterwegge DATE: <z' / -0 Loan:1180016880 Title: \11CE PRESIDENT Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. File #_ 180928 r-a ca ?-} Ft C? CAP F? L Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO FINANCIAL PENNSYLVANIA VS. NANCY L. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 CHARLES N. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4759-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NANCY L. BEST and CHARLES N. BEST, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 08/06/2008 -10/17/2008 TOTAL $120,735.82 1$ ,867.34 $122,603.16 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. 4!?chmieg, Esq ' e Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: b f o Pxs# 18N28 PRO PR THY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO FINANCIAL PENNSYLVANIA VS. NANCY L. BEST CHARLES N. BEST Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084759-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 NANCY L. BEST is over 18 years of age and resides at 233 BRIDGE STREET, APARTMENT B, NEW CUMBERLAND, PA 17070-2127. (c) that defendant CHARLES N. BEST is over 18 years of age, and resides at 233 BRIDGE STREET, APARTMENT B, NEW CUMBERLAND, PA 17070-2127. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. /1 Daniel G. Schmieg, E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendant(s) TO: CHARLES N. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 DATE OF NOTICE: September 30, 2008 k; 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. DWPORTANT 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 (10) 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 notice to -a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 JASON RICCO Legal Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4759-CIVIL TERM CUMBERLAND COUNTY PHS # 180928 ` PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendant(s) TO: NANCY L. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 DATE OF NOTICE: September 30, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4759-CIVIL TERM CUMBERLAND COUNTY 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 180928 t ? 3 ? r c ? C _ C') rn s (Rule of Civil Procedure No. 236) - Revised WELLS FARGO FINANCIAL PENNSYLVANIA VS. NANCY L. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 CHARLES N. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084759-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on oaf, 2008. /9 4:2A Y By: If you have any questions concerning this matter 91-ftse contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** mieg,E qre Daniel G. Sch Attorney or Party Fil' 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 r 4 •?. • > a (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. Plaintiff, V. NANCY L. BEST CHARLESN. BEST Defendant(s). TO THE PROTHONOTARY: No. 08-4759-CIVIL TERM Issue writ of execution in the above matter: Amount Due Interest from 10/18/2008 TO 3/4/2009 (per diem $20.15) $122,603.16 $2,780.70 and Costs TOTAL Note: Please attach description of property. $127,595.36 DANIEL G. SCHMIEG, ESQUCRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. ' 180928 IV R? w? w az zz O? O F-? 04 aA?j h? Fy o QQ`?? W FywW w•/1 H? U cz? A M 3 ? UU z z t7 ? w? wa 3 H w? as aW U z? z 0 v w? o~ H? ?w of W O w u a,, I w 0 w 10 IL 44- ilk -921-1 ° 00ID 00 9 o 0 0) 10 [? r N N r-4 r'-1 N N O O N n O O r-r r-r as AzA a?aad as WW UV 33 ww zz as ww AA N N b 00 0 00 N `A-- M r-n ; ? . ?r,. ? r ri ? f i yy ss 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 FINANCIAL PENNSYLVANIA,INC. Plaintiff, V. NANCY L. BEST . CHARLESN. BEST Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4759-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ra C-n 4 , WELLS FARGO FINANCIAL PENNSYLVANIA,INC. Plaintiff, v. NANCY L. BEST CHARLESN. BEST Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 084759-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA,INC., 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 ,233 BRIDGE STREET, NEW CUMBERLAND, PA 17070-2127. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NANCY L. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 CHARLESN. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO FINANCIAL BANK 3201 N. 4TH AVENUE SIOUX FALLS, SD 57104 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 233 BRIDGE STREET NEW CUMBERLAND, PA 17070-2127 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.A. § 4904 relating to unsworn falsification to authorities. November 4, 2008 Y'-? f L&)& I lk"u? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -ur ` " C. 77 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. Plaintiff, V. NANCY L. BEST CHARLESN. BEST Defendant(s). CUMBERLAND COUNTY No. 084759-CIVIL TERM November 4, 2008 TO: NANCY L. BEST CHARLESN. BEST 233 BRIDGE STREET, APT B 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 NEW CUMBERLAND, PA 17070-2127 * *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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 233 BRIDGE STREET APT B, NEW CUMBERLAND, PA 17070-2127, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $122,603.16 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA,INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. BEING THE SAME PREMISES VESTED IN Nancy L. Best and Charles N. Best, h/w, by Deed from Dorothy L. Witherow, single woman and Nancy L. Best and Charles N. Best, her husband, dated 12/14/2005, recorded 12/16/2005 in Book 272, Page 1822. PREMISES BEING: 233 BRIDGE STREET, NEW CUMBERLAND, PA 17070-2127 PARCEL NO. 25-25-0006-291 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 084759 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From NANCY L. BEST and CHARLES N. BEST (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 $122,603.16 L.L. $.50 Interest from 10/18/08 to 3/04/09 (per diem $20.15) -- $2,780.70 and Costs Atty's Comm % Atty Paid $180.00 Plaintiff Paid Date: 11/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs P, 10 0 Ja 0 C" ?. Long, Prothonotary By: 1?. Deputy 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 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. DEFENDANT(S) NANCY L. BEST CHARLESN. BEST SERVE NANCY L. BEST AT: 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 SERVED Served and made known to hkAIC)( Defendant, on at g: to , o'clock 4-m., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 08-4759-CIVIL TERM .#180928 'ype of Action Notice of Sheriffs Sale Date: MARCH 4, 2009 15'r- day ofD,e?n8? 200 Coat( 8 (4-M D Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). Name and Rela Adult in charge of Defendant(s)'s residence who refused to give name or 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 busir an officer of said Defendant(s)'s company. Other: Description: Age ?b ? Height?bn Weight 1-70 Race W I, LL , a competent adult, being duly sworn accor a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth h the address indicated above. Sworn to and subscribed e this 1 Sf day of 200' ,c Not ? By' 4" SERVICE AT LEAST 3 TIMES. INDICATE DAT Stye of New Jersey PAIRICIA E. HARRIS NOT SERVED Commission Expires June 1b, 2013 On the day of 200_, at o'clock _.m., Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt:, 3rd Attempt: / / Time• Sworn to and subscribed Attorney for before me this day DANIEL G-1 of , 200_. One Penn Ce Notary: By: 1617 John F. Philadelphia, (215) 563-700 Commonwealth is Omp-1,ES, 1-6siw b AA Other to law, depose and state that I personally handed , issued in the captioned case on the date and at TIMES OF SERVICE ATTEMPTED. NOT FOUND because: Time• :HMIEG, Esquire - I.D. No. 62205 :er at Suburban Station, Suite 1400 ennedy Boulevard A 19103-1814 5 /? ya ? ?? ti.. s ry ] CA- 4? N <3 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA,INC. DEFENDANT(S) NANCY L. BEST CHARLESN. BEST SERVE CHARLESN. BEST AT: 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 SERVED Served and made known to ES /?/ . ?7 Defendant, on , 200 at :10 _o'clock &m., at 133 T_Z,&1D Ge Skor_-T, N E U Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relat Adult in charge of Defendant(s)'s residence who refused to give name or r 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 busine an officer of said Defendant(s)'s company. Other: Description: AgM S Height ? 11 Weight J-70 Race W b16 Lj- , a competent adult, being duly sworn accordir personally handed a true and correct copy of the Notice of Sheriff's Sale in the mam captioned case on the date and at the address indicated above. Sworn to and subscribed before me this I c day 200 Nota s `By: E TEMPT SERVIC AT LEAST 3 TIMES. INDICATE DA Notary Public ATTEMPTED. State of New Jersey PATRICIA E. HARRIS Commission Expires June 16, 2013 On the day of NOT SERVED 200_, at o'clock _.m., Moved Unknown No Answer 1 st Attempt: / Time• - 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200_. Notary: Vacant 2nd Attorney for Plaintiff DANIEL G. SCHM11 One Penn Center at S By: 1617 John F. Kenneth Philadelphia, PA 191( (215) 563-7000 CUMBERLAND COUNTY No. 08-4759-CIVIL TERM ACCT. #180928 Type of Action - Notice of Sheriff's Sale Date: MARCH 4, 2009 r ST day ofd CLAM B F4 C.R•N ,o is /U Other to law, depose and state that I as set forth herein, issued in the & TIMES OF SERVICE NOT FOUND because: Time: G, Esquire - I.D. No. 62205 aburban Station, Suite 1400 I Boulevard 3-1814 a /6 P `, ? YT11 c l% 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 FINANCIAL PENNSYLVANIA, Court of Common Pleas INC. Plaintiff Civil Division V. CUMBERLAND County NANCY L. BEST No. 08-4759-CIVIL TERM CHARLES N. BEST Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 7, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on October 21, 2008 in the amount of $122,603.16. 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 March 4, 2009. 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 $114,267.32 Interest Through March 4, 2009 $10,557.91 Per Diem $25.94 Late Charges $258.00 Legal fees $1,675.00 Cost of Suit and Title $1,321.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,019.99 TOTAL 6. $133,099.72 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 January 13, 2009 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. Phelan Hallinan & Schmieg, LLP DATE: ? /a By: Michele M. Bradford, 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 WELLS FARGO FINANCIAL PENNSYLVANIA, Court of Common Pleas INC. Plaintiff Civil Division V. CUMBERLAND County NANCY L. BEST No. 08-4759-CIVIL TERM CHARLES N. BEST Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE NANCY L. BEST and CHARLES N. BEST 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 233 BRIDGE STREET, APT B, NEW CUMBERLAND, PA 17070- 2127. 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 225 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 ity judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Real 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 Real ty, 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: !` ? °S By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 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 L215) 563-7000 180928 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137121ST STREET URBANDALE, IA 50323 .Plaintiff V. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 Defendants w '. ia -.? crn v• -9- N ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 -qIT Civi1Ten, CUMBERLAND COUNTY ATTORNV FILE COPY PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE Y OR $r cl ,N?hinto o the Correa 000 at Apr ??aina? fi1e? Fik #: 180928 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 #: 180928 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 File #: 190928 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 190929 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137 121 ST STREET URBANDALE, IA 50323 2. The name(s) and last known address(es) of the Defendant(s) are: NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/20/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1935, Page 4745. 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 01/24/2008 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. File #: 180928 6. The following amounts are due on the mortgage: Principal Balance $113,180.32 Interest $5,755.50 12/24/2007 through 08/05/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 12/20/2005 to 08/05/2008 Cost of Suit and Title Search 550.00 Subtotal $120,735.82 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $120,735.82 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania lair. 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in gersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 190928 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1.998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $120,735.82, together with interest from 08/05/2008 at the rate of $25.58 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 & SC G, LLP By: LA CE HELAN, ES FRANCIS S. HALLINAN, ES IRE DANIEL G. SCHMIEG, ESQUIRE y16IICHELE 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 #: 180928 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly comer of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. ADDRESS: 233 BRIDGE St.; NEW CUMBERLAND, PA 170702127 TAX MAP OR PARCEL ID NO.: 25-25-0006-291 File #: 180928 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, thai outside the jurisdiction of the Court and/or the verification could not be oba:nc . the time allowed for the filing of the pleading, that I am authorized to ; ; :, ; verification pursuant to Pa.R.C.P. 1024 (c), and that the statements mad- Civil Action in Mortgage Foreclosure are based upon information supplies::;; and are true and correct to the best of my knowledge, information and be`e<. Furthermore, counsel intends to substitute a verification from Plaintiff The undersigned understands that this statement is made subject to ttr_ of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: OS _9? Att rney for Plaint f t.D.&f of Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Sebmieg, Esquire Identification No. 62205 One Perm Center Plaza. 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 Attorney for Plaintiff WELLS FARGO FMAN RNEY FU COpyCUMBERLAND COUNTY PENNSYLVANIA PLEASE RETURN: : COURT OF COMMON PLEAS VS. NANCY L. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 CHARLES N. BEST 233 BRIDGE STREET, APARTMENT B NEW CUMBERLAND, PA 17070-2127 : CIVIL DIVISION NO. 08-4759-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES z, n N a,. 0 m TO THE PROTHONOTARY: ATTORNEY FILE. COPY Kindly enter judgment in f& MM tiff and against NANCY L. BEST and CHARLES N. BEST. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 08/06/2008 -10117/2008 TOTAL $120,735.82 1$ ,867.34 $122,603.16 pp RNEY FILE G? I hereby certify that (1) tfie ammaw OMPKendant(s) are as shown above, and (2) that notice has been given in accordance wi Rule 237. 1, copy attached. Daniel G. Schmieg, Esq Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: --- &I PHS# 18mg PRO PROTHY 0 m? a m 90 Exhibit "C" U ao ? T ? G O C ,Y r ? J C ?T7 O A Ey?? £o ?s 73000arz'N H ?zyooo a W .y ?-,? 08 a o e a oz s?N?r °? wo zo o 0 s44 a 5'? 1 0 ?/•'? ?j E E E 5 y d ? x E m° n° w K y E w 3 e??o - x?w F ?b 4 3 ?O G E F > O b O d Ow vi ^ C O w ? N O p O IN" E.r ° ? E M H 9 on R,4, h S a? a .a U a ¢?o Z U a?a O L "C " C3 O V w O 0 a a AS O ti r? V 44-0 O C? iz z ? N ..r a N d? U? ?a rA A y WGJ1 as a y+ W dD zU m S a T ?a a°w N U tU W u o ?a v z; F fL ? N Z b s L ? d C v ?? •p l%? Q O N M o M Z d O N oo ?/ I VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: / 3 [ ° BY: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff Court of Common Pleas Civil Division V. NANCY L. BEST CHARLES N. BEST Defendants CUMBERLAND County No. 08-4759-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. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 / Phelan Hallinan & Schmieg, LLP DATE: ! ! (? By: 4 Michele M. Bradford, Esquire Attorney for Plaintiff d X?P - co JAN ? 3 2009 cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, Court of Common Pleas INC. Plaintiff Civil Division V. CUMBERLAND County NANCY L. BEST No. 08-4759-CIVIL TERM CHARLES N. BEST Defendants RULE AND NOW, this Z. day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. LA." 1-7 ??-+ da-, s. z s d? , Rule Returnable on th ?f ?009, at .L -- Cn,,, n?...nn?m th (` herl n r'..,,,,+<, r,,,,..L -- r•-. _ T,__ -_ ?- - - ? ? , J wa K 1 1 1 ?. 0 0 C :9 1TV 9Z F.t!r 6001 i• 1 71 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.bradfordgfedphe.com NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 1 RO92R WELLS FARGO FINANCIAL PENNSYLVANIA, INC. VS. NANCY L. BEST CHARLES N. BEST : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4759-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO FINANCIAL PENNSYLVANIA, INC. hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January, 30, 2009 DANIEL G. SCHM G, Attorney for Plaintiff---- wv v l y r ^ s y ? X F ? u CeTilvW n £ G 4 6 3000 dIZ WQ21? v . 0ZO L 030 0108 31®r 8u? r5Z4 $ w4 F ? L '? G ?ooo i tL ?b1Spd S?'?? o $ ?' U tl? rC ? N .d d 's o? ? ?Qva= ?o H O O tn Cd A C H o n,'K Y CL-4 co W ? O arc Cn 00 a d W PA 0 a 0 a ? W r ? ? c?a H ? Z, a. w c? ? o C* a ???v d w z d? U ?3? o C?11 ?j ? ono ? V] ? V1 W W ? ? ?, ¢, ? N , G r ? ? v+ W d h? a33W° O o4??? W a?"zAi' o? Cis b r4 o -C-4 ?v?`?? dWwo? how z?3?? ???o3Mo d?a.,r ? e 0??6vvAa N W ??-?' z QU E w ? d oo z v v ? o o r' ? f '_' ^ H a C oo ao Q R N M d ev yam., ? C. ti ? ? Y IL E0 t6 l 3000dIZ W08:1431IdW 6002 8ZNVP 04086Zb000 IDMlo $ V`i4 ZO 53MOB A]Njt1 G SOd??y0 a O ? IA > U .R?t ° °?° b b ? z<0 x a ?D 6, 0 Q W e" a N E as z v U ? E z 00 ra N I M I d' I h( l 00 l 0? O Y ? w U ? Y T a' VCC R d0 y ?O y U C O E v C6 E v ??vv ? y E v E R o ^ 2 U o 0 u v v .n `c n 6 b 'C ee-EE E ??y+ Y +Y+ 4 C L C r N V d ? y X ? d U W 'X E e Y O v0 7F? ai fh-'' vi tad t? y U N U h ? o u cc N O. O G O Y °rno c.E C` ? Y c E o M Y 00'0 O C H' C w N p O O O o EE_`?C U '? ttl ttl v'h w E? V1 v ? o ua ? ? aYigo C H V3 + G S U Y C) G a Q u pp T G d w aw U F? ? wo a ?o Q z'? z °a V N ?a ? H 1 c? °v 9i C7 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. Plaintiff, V. NANCY L. BEST CHARLESN. BEST Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4759-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA,INC., 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 ,233 BRIDGE STREET, NEW CUMBERLAND, PA 17070-2127. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NANCY L. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 CHARLESN. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO FINANCIAL BANK 3201 N. 4TH AVENUE SIOUX FALLS, SD 57104 5. Name and address of every other person who has any record lien on the property: r' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NEW CUMBERLAND BOROUGH 1120 MARKET STREET NEW CUMBERLAND, PA 17070 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 233 BRIDGE STREET NEW CUMBERLAND, PA 17070-2127 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.A. § 4904 relating to unworn falsification to authorities. n Janu 30 2009 4 C ':::? DATE ANIEL G. SCHMII Attorney for Plaintiff % %o ? -n rn "7w P5 2-- 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff Court of Common Pleas Civil Division V. NANCY L. BEST CHARLES N. BEST Defendants CUMBERLAND County No. 08-4759-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 February 16, 2009 was sent to the following individual on the date indicated below. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 Phelan Hallinan & Schmieg, LLP DATE: 2 / / O! By: ,'-?-73 Michele M. Bradford, Esquire Attorney for Plaintiff o Mn cis 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4759-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO FINANCIAL PENNSYLVANIA, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 21, 2009. 3. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 4, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: 2 ?f ?f By: Mich ele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Court of Common Pleas Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendants Civil Division CUMBERLAND County No. 08-4759-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 21, 2009. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 4, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: 2 l °5 g Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" JAN ? 3 2009 en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Court of Common Pleas Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendants Civil Division CUMBERLAND County No. 08-4759-CIVIL TERM RULE AND NOW, this 2 ?o day of 2: 2j::2 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Z? ? ? -- dt1 dc.1 ?? ?? C??7 S L S Rule Returnable on the *?009, -t - in gw-Mttin Comm of the (~ tt mhPrian? C??? ?ct„?.d?s?_? n t t, vcailaJly, 1 ?iIIID?TVZQTj{?- c , -' ECOA am tN w-*A u; &Wdf fto at 0arlists, Pa„ rh ? r r? 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@,fednhe com NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 180928 Exhibit "B" ATTORNEY FILE COPY PLEASE RETURN ea fx? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF A ID N tty. . . 0.69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY Fit_F GOe' r PLEASE RETURN, WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-4759-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 February 16, 2009 was sent to the following individual on the date indicated below. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 DATE: 2 ` `E` ' Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff y • ,y ?,' n k' ` 'n? , ?15?a e•# t? I .EP t'. t r ..is k_ _,f? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. / Phelan Hallinan & Schmieg, LLP DATE: 2 1s lO 5' BY: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Court of Common Pleas Plaintiff V. NANCY L. BEST CHARLES N. BEST Defendants Civil Division CUMBERLAND County No. 08-4759-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. NANCY L. BEST CHARLES N. BEST 233 BRIDGE STREET APARTMENT B NEW CUMBERLAND, PA 17070-2127 Phelan Hallinan & Schmieg, LLP DATE: BY: Michele M. Bradford, Esquire Attorney for Plaintiff ter "'?, F`j ?? ' ? ,.? i i"? _ .. ...f q +.J ?r } ;.y , . _ a . 44f ? ? Y ti ? k ' ? GfY ,.., i n-? y FEB 2 6 2U294'? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, Court of Common Pleas INC. Plaintiff Civil Division V. CUMBERLAND County NANCY L. BEST No. 08-4759-CIVIL TERM CHARLES N. BEST Defendants ORDER AND NOW, this Z4 day of -Fe 2009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $114,267.32 Interest Through March 4, 2009 $10,557.91 Per Diem $25.94 Late Charges $258.00 Legal fees $1,675.00 Cost of Suit and Title $1,321.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 I Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($0.00) $5,019.99 $133,099.72 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT _T" J. C 180928 ? w N LLJ Lt1' --1 tt_ r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO FIN PA INC is the grantee the same having been sold to said grantee on the 1 ST day of APRIL A.D., 2009, under and by virtue of a writ Execution issued on the 5TH day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4759, at the suit of WELLS FARGO FIN PA INC against NANCY L BEST & CHARLES N is duly recorded as Instrument Number 200911941. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. oZC70 Recorder of Deeds gad v a o. _ ? n.ctsntl County, Cai". PA my Gwwmrs on E*n s uwa Fww Monday of Jan. 2010 Wells Fargo Financial Pennsylvania, Inc VS - Nancy L. Best and Charles N. Best In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4759 Civil Term Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2008 at 1304 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Nancy L. Best and Charles N. Best, by making known unto Charles Best personally and adult in charge for Nancy L. Best, at 233 Bridge Street, Apt. B, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1840 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 Nancy L. Best and Charles N. Best located at 233 Bridge Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Nancy L. Best and Charles N. Best, by regular mail to their last known address of 233 Bridge Street, Apt. B, New Cumberland, PA. 17070. These letters were mailed under the date of January 9, 2009 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 April 1, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Financial Pennsylvania, Inc, of 3476 Stateview Boulevard, Fort Mill, SC 39715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,123.28 Sheriffs Costs: Docketing $30.00 Poundage 22.03 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 395.00 Patriot News 400.13 Share of Bills ' Distribution of Proceeds Sheriff s Deed 15.52 25.00 49.50 $ 1,123.28 So Answers: TM R. Thomas Kline, Sheriff BY Real Estate Coordinator ,4 5v T M9 APR 16 Ai0i { ! : 0 8 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. V. Plaintiff, NANCY L. BEST CHARLESN. BEST Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4759-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA INC., 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 ,233 BRIDGE STREET, NEW CUMBERLAND PA 17070-2127. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NANCY L. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 CHARLESN. BEST 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name WELLS FARGO FINANCIAL BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 3201 N. 4TH AVENUE SIOUX FALLS, SD 57104 WELLS FARGO FINANCIAL PENNSYLVANIA,INC. Plaintiff, V. NANCY L. BEST CHARLESN. BEST Defendant(s). TO: NANCY L. BEST CUMBERLAND COUNTY No. 08-4759-CIVIL TERM November 4, 2008 CHARLESN. BEST 233 BRIDGE STREET, APT B 233 BRIDGE STREET, APT B NEW CUMBERLAND, PA 17070-2127 NEW CUMBERLAND, PA 17070-2127 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. Your house (real estate) at, 33 BRIDGE STREET APT B, NEW CUMBERLAND, PA 17070-2127, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $122,603.16 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA,INC (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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4759 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From NANCY L. BEST and CHARLES N. BEST (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 $122,603.16 L.L. $.50 Interest from 10/18/08 to 3/04109 (per diem $20.15) -- $2,780.70 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $180.00 Other Costs Plaintiff Paid Date: 11/05/08 1 R. Long, Prothonotary, (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #34 On November 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 233 Bridge Street, New Cumberland more fully described on Exhibit "A" A. filed with this writ and by this reference incorporated herein. Date: November 12, 2008 By: Real Estate ergeant C& The Patriot-News Co. 812 Market St. Harrisburg, PA 117101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patti* ot 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 REALL PSTATF, t?0.34 - 391r?trt+alN 7 htc. Nancy L Best atad Charfftl.N. Best LEQIkL D JdN ALL THAT CERTAIN lot of p mw sitaak m the Borough of`&4 Ct b*W Coup of Cthedad and Stw of Piansyh=a. an particularly beaded ad wed as MM, tD. wit: _ :. BEGBOU14G as a point on u Caner of tie aamedan Of l Skw'lod ' row swee1,&tace?STh Shea.Nm*48 409- 30 &S'94 &dt b t peis gt laad now or hxmedy of Y. William Wd* thee. 41W9 spd Ind, Somh 41 ft m 30 mimp EW JQ W W, a POW. at atimr4and of cud 150x4 aradt:'tlaame I&W said Braodt land, Sowh4t le#eea 3b tatranI Wt %t 94 feet to a potm ® Badge Suem thence along j6d $eidgeSta c? NWt&41 dW= 30 m 90 feet to a P#k.6"We of BbGINIQIG. BEING the wes*dn pubm Of Lot No, 141 oe the Genera(Plan of C?1d. tlawffim 4s„«, ? 1. ?.? ..e ?z2 n?_ This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to and s bs ibed before me'tC 'T25 day of February, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shertie L ftnei, Notary Public City Of Harrisburg; Dauphin County My COlrp bsion Expires Nov. 26,, 2091 Member, Pennsylvania Association of Notaries VEWCUMBERL.,. "n•'ET VDJA,i), _12 ARCEL N0. 25_ <_0016-29l 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: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 34 Writ No. 2008-4759 Civil Wells Fargo Financial Pennsylvania Inc. vs. Nancy L. Best and Charles N. Best Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of New Cum- berland, County of Cumberland and State of Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersec- tion of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees SWORN TO AND SUBSCRIBED before me this 13 day of Februal 13 2009 L Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Lnhter. _---_.._ w>rrG41wr0.