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Home My WebLink About08-4826PHELAN 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 184021 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/KJA JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1S - H8a6 CW i t `terM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 184021 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 ORNO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 184021 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 #: 184021 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 #: 184021 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: GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/01/1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1092, Page 667. By Assignment of Mortgage recorded 04/25/2005 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 716, Page 4862. 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 03/01/2008 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. File #: 184021 6. The following amounts are due on the mortgage: Principal Balance $104,438.87 Interest $4,258.17 02/01/2008 through 08/07/2008 (Per Diem $22.53) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 10/01/1992 to 08/07/2008 Cost of Suit and Title Search 750.00 Subtotal $110,697.04 Escrow Credit ($1,621.40) Deficit $0.00 Subtotal ($1,621.40) TOTAL $109,075.64 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 184021 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 $109,075.64, together with interest from 08/07/2008 at the rate of $22.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 184021 LEGAL DESCRIPTION ALL that certain tract of gound situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section N', and Lot No. 2, Section 'N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. BEING all of Lot No. 2, Section N', on Subdivision Plan for G & C Associates dated August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60. CONTAINING 0.3790 acres, more or less. PARCEL: 36-35-2385-116 PROPERTY ADDRESS: 204 HICKORY LANE File #: 184021 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. tt? for Plaintiff y DATE:_ 'K' 7_Q 14 o0 p? O s °O D N c? rITT ? ? fV rri 0 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084826 CIVIL TERM GLENN E. BURDGE CUMBERLAND COUNTY JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for P aintiff By: Francis S. Hallinan, Esquire Date: 8/22/08 PHS #: 184021 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4826 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GLENN E. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 8/22/08 VERIFICATION hereby states that he/she is 1-10 /of WELLS FARGO BANK, N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. / ,r7,2 Name: DATE: Title: Company: WELLS FARGO BANK, N.A. Loan:0010457042 File #: 184021 r C-S c7n + SHERIFF'S RETURN - REGULAR CASE NO: 2008-04826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS BURDGE GLENN E ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BURDGE GLENN E DEFENDANT was served upon the at 0017:42 HOURS, on the 14th day of August , 2008 at 204 HICKORY LANE SHIPPENSBURG, PA 17257 by handing to GLENN E BURDGE DEFENDANT 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 s 18.00 Service 4110 21.00 Affidavit .00 Surcharge 10.00 .00 49.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/15/2008 PHELAN HALLINAN & SCHMIEG By. eputy erif --^? of A. D. SHERIFF'S RETURN - REGULAR b 1 4 CASE NO: 2008-04826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS BURDGE GLENN E ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURDGE JANA G the DEFENDANT , at 0017:42 HOURS, on the 14th day of August 2008 at 204 HICKORY LANE SHIPPENSBURG, PA 17257 by handing to GLENN E BURDGE HUSBAND OF DEFENDANT 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 Service 1141 Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. homas Kline .00 16.00 08/15/2008 PHELAN HALLINAN & SCHMIEG By day eputy S r ff A. D. SHERIFF'S RETURN - REGULAR .- • CASE NO: 2008-04826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS BURDGE GLENN E ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BURDGE JANE G the DEFENDANT , at 0017:42 HOURS, on the 14th day of August 2008 at 204 HICKORY LANE SHIPPENSBURG, PA 17257 GLENN E BURDGE by handing to HUSBAND OF DEFENDANT 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 Service Affidavit Surcharge I .00 0 r 1'? .00 .00 .00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/15/2008 PHELAN HALLINAN & SCHMIEG By: _,_pl ZZ -17,. / Deput?F-Sher3 A. D. was served upon 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) 0-0007 WELLS FARGO BANK, NA VS. GLENN E. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4826 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 GLENN E. BURDGE and JANA G. BURDGE A/K/A JANE G. BURDGE, 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 - 08/08/2008 -11/13/2008 TOTAL $109,075.64 2$ ,207.94 $111,283.58 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. Sc ieg, E ire Attorney for Plaintif DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 ` / 7 - ?-)G "T PHS# 184021 S / C>1 PRO PROTHY 'W Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 WELLS FARGO BANK, NA : CUMBERLAND COUNTY VS. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4826 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 GLENN E. BURDGE is over 18 years of age and resides at 204 HICKORY LANE, SHIPPENSBURG, PA 17257. (c) that defendant JANA G. BURDGE A/K/A JANE G. BURDGE is over 18 years of age, and resides at 204 HICKORY LANE, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . Daniel G. Schmieg, quire Attorney for Plaintfff (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. GLENN E. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4826 CIVIL TERM JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Notice is given that a Judgment in the above captioned matter has been entered against you on , 2008. By: DEPUTY If you have any questions concerning this matte ase conta : **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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. ** Daniel G. Sc ieg ,quire Attorney or Party ' ing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 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 BANK, NA V. Plaintiff GLENN E. BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s) TO: GLENN E. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 DATE OF NOTICE: October 30, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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. 08-4826 CIVIL TERM CUMBERLAND COUNTY PHS # 184021 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 BANK, NA V. Plaintiff GLENN E. BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s) TO: JANA G. BURDGE, A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 DATE OF NOTICE: October 30, 2008 f > .. ALL' :. 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4826 CIVIL TERM CUMBERLAND COUNTY PHS # 184021 O c W C 4 t 7 ., j,. -•, o rr C-,7 ""C PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 084826 CIVIL TERM GLENN BURDGE JANA G. BURDGE, A/K/A JANE Gl BURDGE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/14/08 TO (per diem -$18.29) Add'l Costs TOTAL $111,283.58 $2,030.19 and Costs $0.00 $113,313.77 ANIEL G. CH IEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of 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. 184021 v d ? H 7 a ? ?' W W o O N O 7 6 p?, on E9 U w ? a m r4l 4, 0 a t cn 0 'tom O 'a a r N N rrr,,,, as v? P-I? ? a W ? o v? ?c > to O C? sr-0}RO a <r 00 l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4826 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From GLENN BURDGE, JANA G. BURDGE a/k/a JANE G. BURDGE (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 $111,283.58 L.L. $.50 Interest from 11/14/08 to 3/04/09 (per diem - $18.29) - $2,030.19 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $184.00 Other Costs Plaintiff Paid Date: 11/26/08 Curtis R. Long, Prothon tary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ES Address: PHELAN HALLINAN & ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 1910I$-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD , SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4826 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. S MIEG, ESQUIRE Attorney for Plaintiff r-3 D WELLS FARGO BANK, N.A. V. Plaintiff, GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4826 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,204 HICKORY LANE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 204 HICKORY LANE SHIPPENSBURG, PA 17257 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) Allfirst Bank 25 South Charles Street Baltimore, MD 21201 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 204 HICKORY LANE SHIPPENSBURG, PA 17257 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 autho ' ' v November 25, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s). CUMBERLAND COUNTY No. 08-4826 CIVIL TERM November 25, 2008 TO: GLENN BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 JANA G. BURDGE, A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at, 2Q4 HICKORY LANE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s 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 $111,283.58 obtained by WELLS FARGO BAND, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 01 v 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.) 1. If the Sheriffs Sale is not shopped, 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 you 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 immediately after the sale. YOU SHOULD TAKE THIS PAP A LAWYER OR CANNOT AFFO BELOW TO FIND OUT WHERE IMPORTANT NOTICE: This p postponed or stayed in the event and defenses, or ways of getting your home back, if you act TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ONE, GO TO OR TELEPHONE THE OFFICE LISTED ?U CAN GET LEGAL HELP. is sold at the direction of the plaintiff. It may not be sold he plaintiff at the Sheriffs Sale. The sale must be 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 tract of gound situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single taamily dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section 'N', and Lot No. 2, Section N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. from Galen S. Asper and Jeannette A. Asper, virtue of Power of Attorney recorded August 308, Page 669 and Martin Hurst and Mabel A Book 35-X, Page 612. Glenn E. Burdge and Jane G. Burdge, h/w, by Deed is wife, by their attorney-in-fact, John McCrea, III, by 8, 1985, in Cumberland County Miscellaneous Book Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in PREMISES BEING: 204 HICKORY PARCEL NO. 36-35-2385-116 SHIPPENSBURG, PA 17257 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 Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County GLENN E. BURDGE JANA G. BURDGE No. 08-4826 CIVIL TERM A/K/A JANE G. BURDGE 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 11, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on November 17, 2008 in the amount of $111,283.58. 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 $103,814.81 Interest Through March 4, 2009 $7,497.91 Per Diem $22.40 Late Charges $149.46 Legal fees $1,300.00 Cost of Suit and Title $1,201.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $210.00 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($742.74) Escrow Deficit $926.94 TOTAL $114,737.88 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 14, 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. DATE: 4 ZI) Phelan Hallinan & Schmieg, LLP 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 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County GLENN E. BURDGE JANA G. BURDGE No. 08-4826 CIVIL TERM A/K/A JANE G. BURDGE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE GLENN E. BURDGE and JANA G. BURDGE A/K/A JANE G. BURDGE 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 204 HICKORY LANE, SHIPPENSBURG, PA 17257. 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. ofN.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 maybe 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 Fewer 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. / Phelan Hallinan & Schmieg, LLP DATE: O F By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit `6A" 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..6179.1 ANDREW SPIVACK,`ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA; PA 19103 (2151 563-7000 184021 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff 0 m a o 3 t? r CD -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q8 -&Iggfv GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Defendants CUMBERLAND COUNTY .TTOSt4sy FILE COPY PLEASE RE f USN CIVIL ACTION - LAW rhly the COMPLAINT IN MORTGAGE FORE y Ce true a the nd Within o be Hof correct copy oridin?l #i?pt+ of +rpeord He #: 194021 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 ORNO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 194021 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 #: 184021 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 #: 194021 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: GLENN E. BURDGE JANA G. BUR.DGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/01/1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1092, Page 667. By Assignment of Mortgage recorded 04/25/2005 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 716, Page 4862. 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 03/01/2008 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. File ll: 194021 6. The following amounts are due on the mortgage: Principal Balance $104,438.87 Interest $4,258.17 02/01/2008 through 08/07/2008 (Per Diem $22.53) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 10/01/1992 to 08/07/2008 Cost of Suit and Title Search 750.00 Subtotal $110,697.04 Escrow Credit ($1,621.40) Deficit $0.00 Subtotal ($1,621.4Q) TOTAL $109,075.64 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 194021 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 $109,075.64, together with interest from 08/07/2008 at the rate of $22.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. Qdlom Aa LA CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 194021 LEGAL DESCRIPTION ALL that certain tract of gound situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section 'N', and Lot No. 2, Section 'N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. BEING all of Lot No. 2, Section 'N', on Subdivision Plan for G & C Associates dated August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60. CONTAINING 0.3790 acres, more or less. PARCEL: 36-35-2385-116 PROPERTY ADDRESS: 204 HICKORY LANE He #: 194021 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE: 7? Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Perna Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 Attorney for Plaintiff (215)320-0007 WELLS FARGO BANK, NA : CUMBERLAND COUNTY VS. ATTORNEY FILE CtC WRT OF COMMON PLEAS PLEASE RETURN - a GLENN E. BURDGE : CIVIL DIVISION x 204 HICKORY LANE z, ?r; - 4 SHIPPENSBURG, PA 17257 .? .:_ : NO. 08-M6 CIVIL TERM 7 ? ` JANA G. BURDGE . L A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBUAIG, PA 17257 a PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ATTORNEYFlLE COPY PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against GLENN E. BURDGE and DANA G. BURDGE A/WA JANE G. MIDGE, 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 - 08108/2008 -11/13/2008 TOTAL $109,075.64 $2,207.94 $111,283.58 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. ATTORNEY FILE COPY PLEASE RETURN Daniel G. Sc ieg, ire Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -E 06s PHS# 184021 i ?4 PRO PROTHY 4*( Exhibit "C" ! Q 2 Lt O W O U 7 ? cad U z ?a a0 C ? EV zdo R a v .? a o ? ? ? O ,C 'y N U O y ' o 0 5 a £0 l6 3000 dIZ WOaa 0311111, v 60OZbLl NVf 0 Loq 1Z4000 L _ g C W l Z O IO $ o i F U i e?ettm ??? j ? E x o v ° o 0 NSb T S d E C v n. '? o .E ?.-EE y x E ' '- U v ? E w° ' O O ?i O 04 _ O ? N . ? V M W 1L .. b ? ? U W ° E W ° ° O ? O E y ? A E M b O O s rn ° C, ??AOo ? p F ? h?a Q U x w? W p O a ? 'b CC1 a b ?v °w a C/1 V G ? w i.i p W ? ° o Z ? z 7 W? z> z a F v z x a oT za ? r.a r-' N M ? Y1 ?D l? 00 O? ? ~ N ,Mr ? ? F 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 unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: / 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 BANK, NA Plaintiff Court of Common Pleas Civil Division V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendants CUMBERLAND County No. 08-4826 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff 'T, - ' .c..._ .+e0.. k c-n Col JAN ? 3 2009 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN E. BURDGE JANA G. BURDGE No. 08-4826 CIVIL TERM A/K/A JANE G. BURDGE Defendants RULE AND NOW, this 2 day of zr72009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. wrl __}}{}--, " ds Rule Returnable (w tho a. A - I.?L ? 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 GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 rn-a t LL /28/09 194021 I WELLS FARGO BANK, NA VS. GLENN BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4826 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 BANK, NA 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: February 2, 2009 ANIEL G. SCHMIEG, Attorney for Plaintiff 1 _ g 0 L 6 L 3(100 dtZ OJ08-i 0311VV4 6002 90 Ndf OLOBLZ17000 o8L' ZO $ n L z o S,IMOH',h lNlid Z AWM D A v A ?=kz.-a.R w.?^.? v Q 0 i "bb, &Od $3?dL W w O x a ? W d H u ?W+, U v? ,p 0 oo v? cn ?,, '1 o 0 L13 ?„o ?O>o Fx..w d `? vas 4U0 r O P P. r UGz. ?Ou O. d P z'? ?a,aao fn u z L ? W Z ? N v O 4 UW ? b ? ??.:p C!J ? r N l 5.+ .n ? O r ? A c O 4 ? a o N .? o o A o ? .-a ao p? o C4 o C: w at . ? x > is " i °r Q+ ° L c? N b ? ? V A w 3 0 r 1„ ?+ O CL4 P+ O N N[ 7 .C1 N 6 0 p?? 3 7, a U 3 ,o?, d o o`°o d SIR w oho ? UW O o c'ad ? ?a1 b"' zW ? ? o ? c ? °' oQ{' d I E• c? ra v ?o ?., ? A L W 9. J On N ?w.its. ? ? A 3 I e o s `° Avg C m "' d .'+ W etl O N .) C O ^ ^ L A s8 A > 8 v ? 3 d b ? 'DN H ?qg 5 O W H p A ? O ? T .. ns?P ?? yea r 'S ^, a V 1 a U W 111 g GC ? w a O T w O M ? ? ? ?„ 00 O? r+ ^ F ? ?t t'*'i 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 Plaintiff Court of Common Pleas Civil Division V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendants CUMBERLAND County No. 08-4826 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP DATE: ?l ?l v S By: Michele M. Bradford, Esquire Attorney for Plaintiff " ?3fs< ? Cam? ,_ r-n PLAINTIFF DEFENDANT(S) BURDGE AFFIDAVIT OF SERVICE WELLS FARGO BANK, N.A. GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. SERVE GLENN BURDGE AT: 204 HICKORY LANE SI?PPENSBURG, PA 17257 CUMBERLAND COUNTY No. 08-4826 CIVIL TERM ACCT. #184021 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED ,,q? Served and made known to C? L? ?t(12D6E , Defendant, on the 3? day of? 2W1, at '73- o'clock ?.m., at CkuQ ? L J(,h PLUS B %A Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ??N? U' ?? _ -V--Adult family member with whom Defendant(s) reside(s). Name and Relationship is V Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . Other: 1 ? Description: Ages Height Weight ($d Race _W Sex F:- Other I, 0 J U O U- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ? day ?P6-w" of ?kNU I •2001. A--"V Notary: By= P.I?ASE AT NTT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODOR J. HARRIS NOT SERVED NOTARY PUBLIC on-,.,STATE OF. NEW JERSEY Y MM s"*Af ES 101Z' 190j2 , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vt Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 z aid N O 7 B t 4 7- 1 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE SERVE JANA G. BURDGE, A/K/A JANE G. BURDGE AT: 204 HICKORY LANE SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 084826 CIVIL TERM ACCT. #184021 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 4, 2009 -T G. SERVED Served and made known to V ?}NA G. 911 RD6E Defendant, on the ? day of 3_,#PLA44Y , 2009, at : 2,1 o'clock ? m., at 204 ITICJ4 f L,+MF' i j (? ? P AF'?VS /?(T , Commonwealth of Pennsylvania, in the manner described below: _ V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ? Height ?' Weight 0 Race W Sex F Other I, K-0n4yi-', Al0 L L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs bed before me this day of tINJ04-04 .200 Notary: By: PL ASE ATT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY Mj(jfiQMMISSIOIP0kRES 10!2512012 , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 151 Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 a6-0-;z_ V i 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4826 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, NA, 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: 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: Z it By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/KJA JANE G. BURDGE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4826 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: Z i d S By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit 66A" ?d v4- JAN ? 3 2009 q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA. WELLS FARGO BANK, NA Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-4826 CIVIL TERM RULE AND NOW, this 2 (o day of d >- r2 _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. w t I? t ,? 2 I -S e ,, c. ?? l 1 I?t !.s ?c1 Rule Returnable ,.n..m -the-- dsy-e€ .?pp?ts., C a. nd tht of SM 000 at Carlisle, P& rh _ tiav 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.bradfordna fedphe com GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 184021 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 2 ATTORNEY FILE ° p C PLEASE RE7UR CO , MM ATTORNEY FOR PLAINTIF F (215) 563-7000 AT* ro"9IV Y FILE Gil T WELLS FARGO BANK, NA Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendants LFASERETUjj?r Court of Common Pleas Civil Division CUMBERLAND County No. 08-4826 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 DATE: 2AI f ATTORNF- y 9 F . PL FA ; F or" Phelan Hallinan & Schmieg LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 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 BANK, NA Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Court of Common Pleas Civil Division CUMBERLAND County No. 08-4826 CIVIL TERM Defendants 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. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 / Phelan Hallinan & Schmieg, LLP DATE: ??(D By. Michele M. Bradford, Esquire Attorney for Plaintiff E'> ? v, czy FEQ 2 6 20€ 0q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN E. BURDGE JANA G. BURDGE No. 08-4826 CIVIL TERM A/K/A JANE G. BURDGE Defendants ORDER AND NOW, this ZG' "day of PL9 4 , , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and 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 $103,814.81 Interest Through March 4, 2009 $7,497.91 Per Diem $22.40 Late Charges $149.46 Legal fees $1,300.00 Cost of Suit and Title $1,201.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $210.00 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $114,737.88 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. $0.00 $0.00 ($742.74) $926.94 BY THE COURT 184021 i ? w t 1 m. C''J Wells Fargo Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Glenn Burdge and Jana G. Burdge a/k/a Writ No. 2008-4826 Civil Term Jane G. Burdge Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2008 at 1820 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Glenn Burdge and Jana G. Burdge a/k/a Jane G. Burdge, by making known unto Jana G. Burdge personally and adult in charge for Glenn Burdge, at 204 Hickory Lane, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her 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 13, 2009 at 1757 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 Glenn Burdge and Jana G. Burdge aWa Jane G. Burdge located at 204 Hickory Lane, Shippensburg, 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: Glenn Burdge and Jana G. Burdge a/k/a Jane G. Burdge, by regular mail to their last known address of 204 Hickory Lane, Shippensburg, PA 17257. 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 this writ is returned STAYED. Sheriff s Costs Docketing 30.00 Poundage 18.95 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 36.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 378.29 Share of bills 15.52 ? JeS?c 9 966.26 R. Th as Kline, Sheriff BY -? a)--\ ?Z?V Real Estate Coordinator il R c_ r-n --r mom +n 9P w Lo y-n ?k C 9 r3 `? y WELLS FARGO BANK, N.A. Plaintiff, V. GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4826 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,204 HICKORY LANE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 204 HICKORY LANE SHIPPENSBURG, PA 17257 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) Allfirst Bank 25 South Charles Street Baltimore, MD 21201 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 204 HICKORY LANE SHIPPENSBURG, PA 17257 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 autho ' ' November 25, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. GLENN BURDGE JANA G. BURDGE, A/K/A JANE G. BURDGE Defendant(s). CUMBERLAND COUNTY No. 08-4826 CIVIL TERM November 25, 2008 TO: GLENN BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 JANA G. BURDGE, A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 204 HICKORY LANE, SHIPPENSBURG, PA 17257, 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 $111,283.58 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (15) 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 LEGAL DESCRIPTION ALL that certain tract of gound situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common comer of Lot No. 1, Section 'N, and Lot No. 2, Section N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attomey-in-fact, John McCrea, 111, by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SHIPPENSBURG, PA 17257 PARCEL NO. 36-35-2385-116 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4826 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From GLENN BURDGE, JANA G. BURDGE a/k/a JANE G. BURDGE (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 $111,283.58 L.L. $.50 Interest from 11/14/08 to 3/04/09 (per diem - $18.29) -- $2,030.19 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $184.00 Other Costs Plaintiff Paid Date: 11/26/08 urtis R. 4Long, Prothon ary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #64 On December 155 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shippensbkurg Township, Cumberland County, PA Known and numbered as 204 Hickory Lane, Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15, 2008 By: V Real Estate ergeant 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 13 day of Februar 13 20 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 Viii. i M SMA NO. 64 Writ No. 2008-4826 Civil Wells Fargo Bank, N.A. VS. Glenn Burdge and Jana G. Burdge a/k/a Jane G. Burdge Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of gound situate in Shippensburg Township, Cumberland County, Pennsylva- nia, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the east- ern edge of Hickory Lane at common corner of Lot No. 1, Section TI', and Lot No. 2, Section 'N', as shown on Subdivision Plan for G & C Associates 6&W Most 20, 1991; Omme a1mg Let No. 1 South 35 4 Vow 51 =in- wae?awaft East 154.00 feet to a P*lt: the a1=9 other lsaids now Of twMerly of Gakn S. ARM Noah 54 06 minute 07 "came East 11.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney-in- fact, John McCrea, III, by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SHIPPENSBURG, PA 17257. PARCEL NO. 36-35-2385-116. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 64 Writ No. 2008-4826 Civil Term Wells Fargo Bank, N.A. VS Glenn Burdge and Jana G. Burdge ar'Wa Jane G. Burdge Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of gound situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No.l. Section `N', and Lot No.2, Section `N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No.l South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point-, thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attomey-in-fact, John McCrea, HL by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SHIPPENSBURG, PA 17257 PARCEL NO. 36-35-2385-116 This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to gibed before me this 2? d o ebruary, 2009 A.D. Notary Public Sherne L K f l . , GtYOfHarri'; i a'T Public ,uphinCounty M!r Corrxt?deska, f , Nov. 26, 2? 1 i Member, Pennsul a„ :clatlon of Notarbg -L PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, NA Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/05/2009 to Date of Sale ($18.86 per diem) TOTAL 5 aµ.00 PO ATT7 4Q. 00 CBF Ito. 00 " 78.50 " 1,1 oo if a?.00 P0 ft,-H NO. 08-4826 CIVIL TERM CUMBERLAND COUNTY $114,737.88 N C3 0 , .,i $8,581.30 Ml; : rn T !r $123,319.18, C:: N Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? wrence T. Phelan, Esq., Id. No. 32227 rancis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 0 -n ::;I? T3 Note: Please attach description of property. PHS # 184021 +a.oo 66-00, eeq j0zo( W C7 Oq k ti r ke) ro a. ?¢a w¢a 3 wxZ ?xZ ? zUW C7UW za Qxa i W W O ? ? O CN O ?O W V1 N?oo?ON? ,? m V 0M0 a ? (?] U N?CN??t^"[?l?M .-..et:.Mr iGlyOy?ON QI?i M?? po?O?OMN ?o?fJ??-.ON G O Qy FQy ? Qy ° ° ° 7?Z000 cy,Nt"-?O z.6 azzz -d 'd d o c? ozz cz ?" z ? O a'°T'b ~zzz?zb.d y.db O b ?w? U W ? •sWWW.d'yW vyd.c".d d'WW•'?WW? O Q() CA U' W v W ofioWWWW~W v ?w s> O weIx a; n ?a?? y?'y• ed 14 9 0 41 a ti a w Q a ?? ?????????????? FEB 2 6 ZOLg4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN E. BURDGE JANA G. BURDGE No. 08-4826 CIVIL TERM A/K/A JANE G. BURDGE Defendants ORDER AND NOW, this4:2 ' ay of I" - 2009 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 $103,814.81 Interest Through March 4, 2009 $7,497.91 Per Diem $22.40 Late Charges $149.46 Legal fees $1,300.00 Cost of Suit and Title $1,201.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $210.00 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 14+'LI J Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from March 4, 2009 through the date of sale at six percent per annum. $0.00 ($742.74) $926.94 $114,737.88 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT /')" . 4- A. 14 J. i7 ? 4 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@fed hcom GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 184021 171 f ct. ?.F?f.'' di;'..a -,• :•i?:'?i?1? MAW OW 4, 'tw' A 10 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff V. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-4826 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is 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 unsworn falsification to authorities. By: Attorn for Plaintiff Phel Hallinan &Schmieg, LLP ? JJawrence T. Phelan, Esq., Id. No. 32227 rancis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FILET)-OFFICE OF ?PE F^C,Tpr ??FOT AAY 2010 FEB 12 PH 2: 19 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO. 08-4826 CIVIL TERM GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 204 HICKORY LANE, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Name GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE n O V Address (if address cannot be reasonably o ascertained, please so indicate) rn 51 N F 204 HICKORY LANE n SHIPPENSBURG, PA 17257 c) 204 HICKORY LANE SHIPPENSBURG, PA 17257 tv ?D 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) ALLFIRST BANK 25 SOUTH CHARLES STREET BALTIMORE, MD 21201 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 204 HICKORY LANE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h 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 statement a made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to auth ies. February 3, 2010 By: ! V Attorney; for Plaintiff Phelan allinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 ran 'is 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE : NO. 08-4826 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 "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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 204 HICKORY LANE, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $114,737.88 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-4826 CIVIL TERM WELLS FARGO BANK, NA VS. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE owner(s) of property situate in SHIPPENSBURG TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 204 HICKORY LANE, SHIPPENSBURG, PA 17257 (Acreage or street address) Parcel No. 36-35-2385-116 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,737.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section N', and Lot No. 2, Section N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an are distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. BEING all of Lot No. 2, Section N', on Subdivision Plan for G & C Associates dated August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60. CONTAINING 0.3790 acres, more or less. SUBJECT to conditions, restrictions, covenants, easements and rights-of-way record including the following specific deed restrictions listed nos. 1-13 inclusive and subject to a ten (10) feet wide easements extending along all lot lines for utilities and drainage easements. RESTRICTIONS 1. No lot shall be used, except for residential purposes and no buildings shall be erected, altered, placed or permitted to remain on any lot other thatn one (1) detached, one or two familty dwelling house, not to exceed two and one half (2-1/2) stories in height, and a private garage not larger than neccassary to accommodate two (2) passenger automobiles. 2. The minimum square footage of any dwelling house shall be twelve hundred (1200) square feet of habitable floor area. "Habitable floor area" means the sum of the gross horizontal interior area of all rooms used for habitation; it excludes garages, basements, attics and unheated rooms such as enclosed porches. The cost of any such dwelling house shall not be less than thirty thousand ($30,000.00) Dollars based upon 1978 construction costs, excluding the costs of the lot. 3. No building psrt of a building, a porch or other structure shall be built on any lot nearer than fifteen (15) feet to an interior lot line. 4. There is reserved for the benefit og each lot an easement and right of passage along the rear and side lot lines for installation and maintenance of electric, telephone, gas, waiter, sewer and other utility lines. 5. There is reserved for the benefit of each lot an easement and right of passage along the rear and side lot lines for installation and maintenance of electric, telephone, gas, water, sewer and other utility lines. 6. No sign of any kind shall be displayed to the public view on ant lot, except that on any lot one professional sign not larger than one (1) foot square in size may be erected or displayed and should the property be for sale or for rent, one sign of not more than two (2) feet square in size may be erected and displayed, advertising that the property is for sale or rent that this restriction shall not be constructed to prevent the erection and display of signs used by a builder to advertise the property during construction and sales. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot except, that dogs or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. 8. No lot shall be used for a dumping ground for rubbish, and no trash, garbage or waste material shall be kept upon the lot except temporarily and in sanitary containers, and all incinerators or other equipment for the storage and disposal of such material shall be kept in a clean and sanitary condition. All lawns shall be kept mowed and weeds cut to a height of not more than eight (*) inches. 9. No fence or any structure or similar structure shall be permitted in the front yard of any lot or the side yard of any lot closer to the center of any public roads or highways than fifty (50) feet. No hedges or other plantings over two (2) feet in height shall be permitted on any front yard or in any side yard closer to the center of any public road or highway than fifty (50) feet. 10. No trailers or mobile homes or double-wide trailer units shall be permitted on this lot. 11. No abandoned vehicles such as cars or trucks or tractors shall be permitted on this lot unless kept enclosed in the garage. 12. No trucks or tractor-trailers or tractors or trailers of over one (1) ton capacity shall be permitted on any lot or on public roads or highways within the subdivision at any time except for loading, unloading and deliveries. 13. The exterior of the dwelling house and garage to be built or erected on this lot shall be of stone, brick, clapboard or aluminum siding or a combination thereof, concrete cinder block, permastone, shingle or similar type of material shall; not be used with the exception of concrete block which shall be used for foundation walls only and shall not extend above grade unless covered with stone, brick, clapboard or aluminum siding or any combination thereof. TITLE TO SAID PREMISES IS VESTED IN: Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney-in-fact, John McCrea, III, by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SE IPPENSBURG, PA 17257 PARCEL NO. 36-35-2385-116 '? LEGAL DESCRIPTION ALL that certain tract of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section N', and Lot No. 2, Section N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. BEING all of Lot No. 2, Section N', on Subdivision Plan for G & C Associates dated August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60. CONTAINING 0.3790 acres, more or less. SUBJECT to conditions, restrictions, covenants, easements and rights-of-way record including the following specific deed restrictions listed nos. 1-13 inclusive and subject to a ten (10) feet wide easements extending along all lot lines for utilities and drainage easements. RESTRICTIONS 1. No lot shall be used, except for residential purposes and no buildings shall be erected, altered, placed or permitted to remain on any lot other thatn one (1) detached, one or two familty dwelling house, not to exceed two and one half (2-1/2) stories in height, and a private garage not larger than neccassary to accommodate two (2) passenger automobiles. 2. The minimum square footage of any dwelling house shall be twelve hundred (1200) square feet of habitable floor area. "Habitable floor area" means the sum of the gross horizontal interior area of all rooms used for habitation; it excludes garages, basements, attics and unheated rooms such as enclosed porches. The cost of any such dwelling house shall not be less than thirty thousand ($30,000.00) Dollars based upon 1978 construction costs, excluding the costs of the lot. 3. No building psrt of a building, a porch or other structure shall be built on any lot nearer than fifteen (15) feet to an interior lot line. 4. There is reserved for the benefit og each lot an easement and right of passage along the rear and side lot lines for installation and maintenance of electric, telephone, gas, warter, sewer and other utility lines. 5. There is reserved for the benefit of each lot an easement and right of passage along the rear and side lot lines for installation and maintenance of electric, telephone, gas, water, sewer and other utility lines. 6. No sign of any kind shall be displayed to the public view on ant lot, except that on any lot one professional sign not larger than one (1) foot square in size may be erected or displayed and should the property be for sale or for rent, one sign of not more than two (2) feet square in size may be erected and displayed, advertising that the property is for sale or rent that this restriction shall not be constructed to prevent the erection and display of signs used by a builder to advertise the property during construction and sales. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot except, that dogs or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. 8. No lot shall be used for a dumping ground for rubbish, and no trash, garbage or waste material shall be kept upon the lot except temporarily and in sanitary containers, and all incinerators or other equipment for the storage and disposal of such material shall be kept in a clean and sanitary condition. All lawns shall be kept mowed and weeds cut to a height of not more than eight (*) inches. 9. No fence or any structure or similar structure shall be permitted in the front yard of any lot or the side yard of any lot closer to the center of any public roads or highways than fifty (50) feet. No hedges or other plantings over two (2) feet in height shall be permitted on any front yard or in any side yard closer to the center of any public road or highway than fifty (50) feet. 10. No trailers or mobile homes or double-wide trailer units shall be permitted on this lot. 11. No abandoned vehicles such as cars or trucks or tractors shall be permitted on this lot unless kept enclosed in the garage. 12. No trucks or tractor-trailers or tractors or trailers of over one (1) ton capacity shall be permitted on any lot or on public roads or highways within the subdivision at any time except for loading, unloading and deliveries. 13. The exterior of the dwelling house and garage to be built or erected on this lot shall be of stone, brick, clapboard or aluminum siding or a combination thereof, concrete cinder block, permastone, shingle or similar type of material shall; not be used with the exception of concrete block which shall be used for foundation walls only and shall not extend above grade unless covered with stone, brick, clapboard or aluminum siding or any combination thereof. TITLE TO SAID PREMISES IS VESTED IN: Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney-in-fact, John McCrea, III, by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SHIPPENSBURG, PA 17257 PARCEL NO. 36-35-2385-116 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4826 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A, Plaintiff (s) From GLENN E. BURDGE JANA G. BURDGE a/k/a JANE G. BURDGE (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 $114,737.88 L.L. Interest from 3/5/09 to Date of Sale ($18.86 per diem) -- $8,581.30 Atty's Comm % Due Prothy $2.00 Atty Paid $1,171.76 Other Costs Plaintiff Paid Date: 2/12/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQURIE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 184021 DEFENDANT SERVICE TEAM/ iin GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE COURT NO.: 08-4826 CIVIL TERM SERVE JANA G. BURDGE A/K/A JANE G. BURDGE TYPE OF ACTION AT: XX Notice of Sheriffs Sale 204 HICKORY LANE SALE DATE: 06/02/2010 ° SHIPPENSBURG, PA 17257 SERVED Served and made known to RATA lam: gt/AD69 Defendant on the ff4day of _ Id&Q,Gj4, 2Q at 4:2.p, o'clock P. M., at Vacgaw LN, $FiuSeSu P!? , in the manner descri bed belt5v'.: t Defendant personally served. - r Adult family member with whom Defendant(s) reside(s). -- Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height ? t ?o " Weight )TO Race w Sex V Other ("f P, -ri 1, _R0yy#%-;P Mb'LL. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ? 74 day of _ 20LO Not I C On the day o , 20_, at _ taE ." ,> rt (Y? c? t t < , ' ??[ + }t 7, 2013 NOTSERVED o'clock _. M., Defendant NOT FOUND because: Vacant - Bad Address Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of By: Does Not Reside (Not Vacant) Notary: ATTORNEY FOR PLAINTIFF 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 R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren IL Tabas, Esq., Id. No, 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No, 90134 Chrisovalante P. Fliakos, Esq., Id. N. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courienay R. Dunn, Esq., id. No. 206779 Andrew C Bramblett, Fsa„ Id. No. 208375 One Penn Center st Sobu n Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 184021 DEFENDANT SERVICE TEAM/ iin GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE COURT NO.: 08-4826 CIVIL TERM SERVE GLENN E. BURDGE AT: 204 HICKORY LANE SHIPPENSBURG, PA 17257 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 SERVED Served and made known to (n LSV rJ E • VkRIp9 Defendant on the jg?' day of 4? t? , 20 (v , at 4:20 , o'clock _p. M., at 904 GGdAy (&C; l g Aju?mb,PA, in the manner described below: _ Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). C o Relationship is U)) ,-, F _ Adult in charge of Defendant's residence who refused to give name or relationship. ? _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business.' an officer of said Defendant's company. _ Other: Description: Age 50s Height Weight LSD Race Sex Other; i1:J17 I, R-5 I's 4 t r- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs ribed before me this day of 4*&0, 201 o Not On the ay o , 20_, at _ Vacant _ Bad Address - Moved - Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed offore me this day By: Notary: -o rD C7 orn b -?C IS I °.ir" ?. l y MY; 3? T ?l?t•s ? /1I ' ?? r .;;1• NOT SERVED C NfhisSSrv OAR'--10.2013 ------------ o'clock _. M., Defendant NOT FOUND because: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallimm, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michde M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jana, 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 J. Muk ahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Flinkos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courlenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambldl, Esq., Id. No. 208375 1617 John F. KenneSuburbs" Suite 1400 Philadelphia, PA 191031814 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff, v GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PL?;1S CIVIL DIVISION No. 08-4826 CIVIL TERX,, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: r.a Q a na w As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached here%EAibit Date: 3 U Lawrence T. PhelanWq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 eheetal R. 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. f Sl ?_ PHS # 184021 w to L 6 L 300a cnz wow a3iivn OLOZ ZL833 99ZLLZD000 4610 $ wL Zo 53NWAM &MAW W Q O O N w z y h 'C V d d V W O w py w OOO o. o fl `= N F a 4n a°a W N A x MwFw'"y aac vc vFio ll I W= e4 R Pr V Aw d C C L M ?"" 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SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 Md 20064 CNN 7brm 04/23/10 YIIWIs Fargo Bank, NJL, S/viIA"k Fwao Home. IYltfrtypge, c: 04/30/10 In Vs. G51enn E Bukhp Jge Denial schmigg, =to bscribed before me t is 18 ay f May, 2010 A.D. By virtue of a Writ of Fatecubon No. 08-4826 CWM TERM WELLS FARGO BANK, NA ?- vs. `_. GLENN E.BURDGE Notary Public JANA G. SURWt AI&A JANE G. BURDGE Owner(s) of property sate is SHIPPENSBURG TOWNSHIP CSunbetlmdCounty,(Muoic44q) Pennsylvania, being 204 JUCKORY LANE, SH1PkN*URG, PA 17257 (Acreage or wm COMMONWEALTH OF PENNSYLVANIA AIM.) Notarial Seal ParcO No. 36-35-2385-718 Sherrie L Klsner, Notary PUNIC Improvements tbereon: XESIDENTIAL Lower Paxton Twp., Dauphin county DWELLING JUDGMENT AMOUNT: My Commission Bmwes Nov. 26, 2011 $114,737.88 Member, Pennsylvania Association of Notaries "SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~titir~tn of ~uu,t~~~~~h~ ~.. ._ C~ra:E~iF~N~ ;-r~~,Fa "'-~ ~ ~-!i" Inc LtffU %J1'' "~ ~; ~i'~ J~ ~~-'°'•`'!1 try t'-~:4 Wells Fargo Bank, N.A., Case Number vs. Glenn E Burdge {et al.) 2008-4826 SHERIFF'S RETURN OF SERVICE 04/06/2010 12:34 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1232 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 Glenn E. Burdge and Jana G. Burdge, located at, 204 Hickory Lane, Shippensburg Cumberland County, Pennsylvania according to law. 04/06/2010 12:34 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1232 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: Jana G. Burdge, by making known unto, Jana G. Burdge, personally, at, 204 Hickory Lane, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/08/2010 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1232 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: Glenn E. Burdge, by making known unto, Jana G. Burdge, wife, at, 204 Hickory Lane, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed to 10/6/2010. 10!01/2010 As directed by Phelan Hallinan & Schmieg, Attorney for the Plaintiff, Sheriffs Sale Cancelled SHERIFF COST: $695.79 October 01, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~ ~~~a~ ~~3s~ 1ci CacmrySuite ShEa~iff.'relebsoft, i~~c. r WELLS FARGO BANK, NA ' Plaintiff ' CIVIL DIVISION v. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS N0.08-4826 CIVIL TERM CUMBERLAND COUNTY WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 204 HICKORY LANE, SHIPPENSBURG, PA ].7257. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 4. 5 GLENN E. BURDGE JANA G. BURDGE A/I{/A JANE G. BURDGE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 204 HICKORY LANE SHIPPENSBURG, PA 17257 204 HICKORY LANE SHIPPENSBURG, PA 17257 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) ALLFIRST BANK 25 SOUTH CHARLES STREET BALTIMORE, MD 21201 Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. ~. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 204 HICKORY LANE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13T" 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 e made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to autho ' tes. February 3, 2010 By: ~ Attorney, for Plaintiff Phelan allinan & 5chmieg, LLP ^ L rence T. Phelan, Esq., Id, No. 32227 rancis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 08-4826 CIVIL TERM GLENN E. BURDGE CUMBERLAND COUNTY JANA G. BURDGE A/K/A JANE G. BURDGE Defendants} : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GLENN E. BURDGE DANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 17257 * *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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 204 HICKORY LANE, SHIPPENSBURG, YA 17257 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $114,737.88 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~ ~ SHORT DESCRIPTION By virtue of a Writ of Execution N0.08-4826 CIVIL TERM WELLS FARGO BANK, NA vs. GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE owner(s) of property situate in SHIPPENSBURG TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 204 HICKORY LANE, SHIPPENSBURG, PA 17257 (Acreage or street address) Parcel No. 36-35-2385-116 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,737.88 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, being improved with a single family dwelling house, and more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot No. 1, Section N', and Lot No. 2, Section N', as shown on Subdivision Plan for G & C Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53 seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53 seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet to a point, the point and place of BEGINNING. BEING all of Lot No. 2, Section N', on Subdivision Plan for G & C Associates dated August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60. CONTAINING 0.3790 acres, more or less. SUBJECT to conditions, restrictions, covenants, easements and rights-of--way record including the following specific deed restrictions listed nos. 1-13 inclusive and subject to a ten (10) feet wide easements extending along all lot lines for utilities and drainage easements. RESTRICTIONS 1. No lot shall be used, except for residential purposes and no buildings shall be erected, altered, placed or permitted to remain on any lot other thatn one (1) detached, one or two familty dwelling house, not to exceed two and one half (2-1/2) stories in height, and a private garage not larger than neccassary to accommodate two (2) passenger automobiles. The minimum square footage of any dwelling house shall be twelve hundred (1200) square feet of habitable floor area. "Habitable floor area" means the sum of the gross horizontal interior area of all rooms used for habitation; it excludes garages, basements, attics and unheated rooms such as enclosed porches. The cost of any such dwelling house shall not be less than thirty thousand ($30,000.00) Dollars based upon 1978 construction costs, excluding the costs of the lot. 3. No building psrt of a building, a porch or other structure shall be built on any lot nearer than fifteen (15) feet to an interior lot line. 4. There is reserved for the benefit og each lot an easement and right of passage along the rear and side lot lines for installation and maintenance of electric, telephone, gas, waiter, sewer and other utility lines. 5. There is reserved for the benefit of each lot an easement and right of passage a]ong the rear and side lot lines for installation and maintenance of electric, telephone, gas, water, sewer and other utility lines. 6. No sign of any kind shall be displayed to the public view on ant lot, except that on any lot one professional sign not larger than one (1) foot square in size may be erected or displayed and should the property be for sale or for rent, one sign of not more than two (2) feet square in size may be erected and displayed, advertising that the property is for sale or rent that this restriction shall not be constructed to prevent the erection and display of signs used by a builder to advertise the property during construction and sales. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot except, that dogs or other household pets maybe kept, provided they are not kept, bred or maintained for any commercial purpose. 8. No lot shall be used for a dumping ground for rubbish, and no trash, garbage or waste material shall be kept upon the lot except temporarily and in sanitary containers, and all incinerators or other equipment for the storage and disposal of such material shall be kept in a clean and sanitary condition. All lawns shall be kept mowed and weeds cut to a height of not more than eight (*) inches. 9. No fence or any structure or similar structure shall be permitted in the front yard of any lot or the side yard of any lot closer to the center of any public roads or highways than fifty (50) feet. No hedges or other plantings over two (2) feet in height shall be permitted on any front yard or in any side yard closer to the center of any public road or highway than fifty (50) feet. 10. No trailers or mobile homes or double-wide trailer units shall be permitted on this lot. 11. No abandoned vehicles such as cars or trucks or tractors shall be permitted on this lot unless kept enclosed in the garage. 12. No trucks ortractor-trailers or tractors or trailers of over one (1) ton capacity shall be permitted on any lot or on public roads or highways within the subdivision at any time except for loading, unloading and deliveries. 13. The exterior of the dwelling house and garage to be built or erected on this lot shall be of stone, brick, clapboard or aluminum siding or a combination thereof, concrete cinder block, permastone, shingle or similar type of material shall; not be used with the exception of concrete block which shall be used for foundation wails only and shall not extend above grade unless covered with stone, brick, clapboard or aluminum siding or any combination thereof. TITLE TO SAID PREMISES IS VESTED IN: Glenn E. Burdge and Jane G. Burdge, h/w, by Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney-in-fact, John McCrea, III, by virtue of Power of Attorney recorded August 28, 1985, in Cumberland County Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated 10/01/1992, recorded 10/05/1992 in Book 35-X, Page 612. PREMISES BEING: 204 HICKORY LANE, SHIPPENSBURG, PA 17257 PARCEL N0.36-35-2385-116 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4826 Civil COUNTY OF CUMBEF LAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A, Plaintiff (s) From GLENN E. BURDGE DANA G. BURDGE a/k/a JANE G. BURDGE (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 $114,737.88 L.L. Interest from 3/5/09 to Date of Sale ($18.86 per diem) -- $8,581.30 Atty's Comm % Due Prothy $2.00 Atty Paid $1,171.76 Plaintiff Paid Other Costs Date: z/12/10 (Seam David D. Buell, Pro honotary By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQURIE Address: PHELAN HALLINAN &SCHMIEG LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLATNTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA, Known and numbered as, 204 Hickory Lane, Shippensburg, ~- more fully described on Exhibit "A" filed with this ~~ ~~~- writ and by this reference incorporated herein. ~, '; Date: March 22, 2010 ~- ~~ By: ~, ~ / ~~f Real Estate Coordinator ~^ ~`\ 1 ~~ ~`ti 4 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: April 16, Apri123, and Apri130, 2010 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. Writ No. 2008-4526 Civil Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. vs. Glenn E Burdge Jana G Burdge a/k/a Jane G. Burdge Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 08-4826 CIVIL, WELLS FARGO BANK, NA vs. GLENN E. BURDGE, DANA G. BURDGE A/K/A JANE G. BURDGE, owner of property situ- ate in SHIPPENSBURG TOWNSHIP, Cumberland County, Pennsylvania, being 204 HICKORY LANE, SHIP- PENSBURG, PA 17257. Parcel No. 36-35-2385-116 Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $114,737- .88. ~- isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of Aril 2010 Notary ~~~ NOTARIAL SEAL DE80RAH A COLLtNS Notary PuDlk CARLISLE BOROUGH, CUMBERLAND COUNTY My Cammiaston Expires Apr 28, 2014 FIL`tl-OFFICE OF THE PROTHONOTARY 2013 JUL 10 AM 9. 45 Phelan Hallinan,LLP. Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,NA Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County GLENN E.BURDGE JANA G.BURDGE No.08-4826 CIVIL TERM A/K/A JANE G.BURDGE Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. '❑ Please Vacate the Judgment entered. JUL 0 3 2013 Date: P LAN ALLINAN,LLP By: Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHS# 184021 G V` L Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN E. BURDGE No. 08-4826 CIVIL TERM JANA G. BURDGE A/K/A JANE G. BURDGE Defendant PHS# 184021 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: GLENN E. BURDGE JANA G. BURDGE A/K/A JANE G. BURDGE 204 HICKORY LANE SHIPPENSBURG, PA 1.7257 Date: iU i o 3 2013 PHELAN FIALLINAN,LLP By. Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff