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HomeMy WebLinkAbout08-5667?j PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 A ,NDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187367 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0l V i 1 NO. 0- S11(!7 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187367 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 187367 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 #: 187367 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 #: 187367 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: DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/07/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1946, Page 846. 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 05/01/2008 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 #E: 187367 6. The following amounts are due on the mortgage: Principal Balance $166,494.86 Interest $5,014.41 04/01/2008 through 09/24/2008 (Per Diem $28.33) Attorney's Fees $1,250.00 Cumulative Late Charges $224.48 04/07/2006 to 09/24/2008 Property Inspections $15.00 Mortgage Insurance Premium / $135.78 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $173,684.53 Escrow Credit $0.00 Deficit $1,419.10 Subtotal $1,419.10 TOTAL $175,103.63 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania 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. File #: 187367 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $175,103.63, together with interest from 09/24/2008 at the rate of $28.33 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 c 90 By: LAWRENCE 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 '?NDREW SPIVACK, ESQUIRE /JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187367 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said point of beginning and by the Easterly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eckert, et ux; thence by line of lands of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 96.00 feet to a point; thence by the line of dividing Lots Nos. 1 and 2 in said plan South 08 degrees 18 minutes 30 seconds East a distance of 126.24 feet to a point on the Northerly edge of Park Hills Drive; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEGINNING. BEING Lot No. 2, Block'A', in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder's Office in Plan Book 20, page 56. PARCEL NO: 42-27-1886-004 PROPERTY ADDRESS: 427 PARK HILLS DRIVE File #: 187367 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 the 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. J'? ? ///y ??A- 70/3 ? Attorney for Plaintiff DATE: q-'?q-og ,? c7a J -TI c7 C? T'l o r I C?- N) . SHERIFF'S RETURN - REGULAR CASE NO: 2008-05667 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS WELLNER DANIEL P ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WELLNER DANIEL P was served upon the DEFENDANT , at 1910:00 HOURS, on the 29th day of September, 2008 at 427 PARK HILLS DR MECHANICSBURG, PA 17055-4963 DANIEL P WELLNER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 I01DP f o q" 38.00 Sworn and Subscibed to before me this day of So Answers: .rte R. Thomas Kline 10/01/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05667 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS WELLNER DANIEL P ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WELLNER AMY J the DEFENDANT , at 1910:00 HOURS, on the 29th day of September, 2008 at 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 DANIEL P WELLNER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/01/2008 PHELAN HALLIAN SCHMIEG By: Deputy Sheriff A. D. z 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. DANIEL P. WELLNER AMY J. WELLNER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5667 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Y.4" 4 7.), a 1! ?d W, &4 Francis S. Hallinan, Esquire Date: 10/28/08 PHS #: 187367 _N . VERIFICATION Jamie Padmore hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 9/26/08 a--- Namf. am Padmore Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 187367 • N 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. DANIEL P. WELLNER AMY J. WELLNER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5667 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff B Francis S. Hallinan, Esquire Date: 10/28/08 -r? co -c? tv t? ? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-5667 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 DANIEL P. WELLNER, and AMY J. WELLNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $175,103.63 Interest - 09/25/2008 to 11/20/2008 $1,614.81 TOTAL $176,718.44 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, cop ched. ? Daniel G. Schmieg, Es it Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /T PHS # 187367 PRO BOTH 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff DANIEL P. WELLNER AMY J. WELLNER Defendant(s) TO: DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 DATE OF NOTICE: October 21, 2008 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5667 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 MELISSA ALICEA Legal Assistant Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 PHS # 187367 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 (21-5) 563-7000 WELLS FARGO BANK, NA V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5667 CIVIL TERM DANIEL P. WELLNER AMY J. WELLNER Defendant(s) TO: AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 DATE OF NOTICE: October 21, 2008 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 MELISSA ALICEA Legal Assistant PHS # 187367 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DANIEL P. WELLNER AMY J. WELLNER No. 08-5667 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANIEL P. WELLNER is over 18 years of age and resides at 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. (c) that defendant AMY J. WELLNER is over 18 years of age and resides at 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, E q ' e Attorney for Plaintif Tt f:5 j CO (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-5667 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on if 145?9 /?J'WQ By: -rte' If you have any questions concerning this matt lease contact: Daniel G. Sc ieg, E ire Attorney or Party Fili g 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL P. WELLNER AMY J. WELLNER No. 08-5667 CIVIL. TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $176,718.44 Interest from 11/21/2008-06/10/2009 $5,948.90 and Costs (per diem -$29.45) TOTAL $182,667.34 DANIEL G. SCHMIE , 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. 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. 187367 W? O? W? a? o? ?a ?w w? 00 a? ?W H ?U s z 0 a ?a a? Ewa a: Wti A z O U o? w ao w ? U a w M 00 r ?a L7 ?7 UCOD AA ? a a 4 Q ?o 00 -OF 10 73 .,. L . ./ am ? q ` ) 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. DANIEL P. WELLNER . AMY J. WELLNER Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5667 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant 0 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. DANIEL G. SCH IEG, ESQUIRE Attorney for Plaintiff r•3 ter' =ti 4 WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL P. WELLNER AMY J. WELLNER Defendant(s). CIVIL DIVISION NO. 08-5667 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FAR GO 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 .427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL P. WELLNER AMY J. WELLNER CUMBERLAND COUNTY COURT OF COMMON PLEAS 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. January 9, 2009 DATE nh? , DANI L G. SCHMIEG, ESQUIRE Attorney for Plaintiff Y ._. ? ?%r . w \ _ t w7 1 -1 J r o WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL P. WELLNER AMY J. WELLNER Defendant(s). TO: DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 January 9, 2009 CUMBERLAND COUNTY No. 08-5667 CIVIL TERM AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 170554963 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055- 4963, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $176,718.44 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 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. r 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 lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said point of beginning and by the Easterly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eckert, et ux; thence by line of lands of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 96.00 feet to a point; thence by the line of dividing Lots Nos. 1 and 2 in said plan South 08 degrees 18 minutes 30 seconds East a distance of 126.24 feet to a point on the Northerly edge of Park Hills Drive; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEGINNING. BEING THE SAME PREMISES VESTED IN Daniel P. Wellner and Amy J. Wellner, h/w, by Deed from Billy W. Hawkins and Patricia L. Hawkins, h/w, dated 04/07/2006, recorded 04/07/2006 in Book 273, Page 4628. PREMISES BEING: 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963 PARCEL NO. 42-27-1886-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5667 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 DANIEL P. WELLNER and AMY J. WELLNER (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 $176,718.44 L.L. $.50 Interest from 11/21/08 - 6/10/09 (per diem - $29.45) -- $5,948.90 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $173.00 Other Costs Plaintiff Paid Date: 1/14/09 A urtis R. Lon rothonot (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G., SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DANIEL P. WELLNER AMY J. WELLNER SERVE DANIEL P. WELLNER AT: 427 PARK HILLS DRIVE MECEIAMCSBURG, PA 17055-4963 SERVED CUMBERLAND COUNTY No. 08-5667 CIVIL TERM ACCT. #187367 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 Served and made known to bdu I EL A • W Q LuNFA , Defendant, on the 31 day of 0+x'9 2001, at q, -W , o'clock *m., at 1 PA-Aw RILLS W 1 d f•, II/l F,c,?FA N? S 6? 2lr , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ;0s Height !5tl, Weight ,32-o Race W Sex /U Other 1, RDM" ' b'10 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 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 131s, day P Of 200 NoV By: E A EMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES F SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On iWATE OF Ai AIVERSEY , 200. at o'clock Defendant NOT FOUND because: MY COMMISSION EXPIRES 10/2512012 Moved Unknown _ No Answer _ Vacant 1" Attempt: Time: rd Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed attorney for Plal atlff before me this day DANIEL G. SCHIV M, 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 4 311 z ON AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DANIEL P. WELLNER AMY J. WELLNER SERVE AMY J. WELLNER AT: 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 SERVED CUMBERLAND COUNTY No. 08-5667 CIVIL TERM ACCT. #187367 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to _ 4m T. w F-LLP &A , Defendant, on the St' day of :14-N UPIA? , 200.1 at lµ , o'clockkin., at 427 W9 4ILLS Ut vF, A4 Ect44NtCSgaRCr , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Dbs Height 51V' Weight Race W Sex M Other 1, RAMA.-A O L- c-- , 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 310 day of V 200. Nota By: P ASE A TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES l/&t/TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED MY&CrMISSION EXPIRF?$1012512012 n e ay o 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCFEWEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Pbiladelphia, PA 19103-1814 (215) 563-7000 4 35j L ? -` r i 7 35 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 DANIEL P. WELLNER AMY J. WELLNER No. 08-5667 CIVIL TERM 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 September 25, 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 25, 2008 in the amount of $176,718.44. 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 June 10, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $166,494.86 Interest Through June 10, 2009 $12,165.26 Per Diem $27.94 Late Charges $224.48 Legal fees $1,300.00 Cost of Suit and Title $1,326.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $135.78 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,391.56 TOTAL $185,113.44 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. 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 Defenda nt on April 3J, 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: a G Phe a Vrrr ieg, LLP By: Mic ele M. quire Attorney fo r 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 DANIEL P. WELLNER AMY J. WELLNER No. 08-5667 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DANIEL P. WELLNER and AMY J. WELLNER 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 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. 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 Mortjzajze 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 Cion oli, 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 an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Ph al H lin & Schmieg, LLP By: Michele M. Bra rd, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187367 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. O ? C7 fJ: cn f ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Cf Vi 'l NO. (4 - IJU 7 CUMBERLAND COUNTY DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE WC ra?y r MECHANICSBURG, PA 17055-4963 • Defendants il- a Of r8cord CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187367 ATtbFiNEY ALF COOPY PLEASE RETURN NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 187367 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 #: 187367 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 #: 187367 I . 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: DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/07/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1946, Page 846. 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 05/01/2008 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 #: 187367 6. The following amounts are due on the mortgage: Principal Balance $166,494.86 Interest $5,014.41 04/01/2008 through 09/24/2008 (Per Diem $28.33) Attorney's Fees $1 250.00 Cumulative Late Charges , $224 48 04/07/2006 to 09/24/2008 . Property Inspections $15 00 Mortgage Insurance Premium / . $135 78 Private Mortgage Insurance . Cost of Suit and Title Search $550 00 Subtotal . $173,684.53 Escrow Credit $0.00 Deficit $1 419.10 Subtotal , $1,419.10 TOTAL $175,103.63 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania 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. File #: 187367 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $175,103.63, together with interest from 09/24/2008 at the rate of $28.33 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: G '901351 LAWRENCE 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 #: 187367 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said point of beginning and by the Easterly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eckert, et ux; thence by line of lands of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 96.00 feet to a point; thence by the line of dividing Lots Nos. 1 and 2 in said plan South 08 degrees 18 minutes 30 seconds East a distance of 126.24 feet to a point on the Northerly edge of Park Hills Drive; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEGINNING. BEING Lot No. 2, Block 'A', in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder's Office in Plan Book 20, page 56. PARCEL NO: 42-27-1886-004 PROPERTY ADDRESS: 427 PARK HILLS DRIVE FileM 187367 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 the 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. y .r -# 90 3 Attorney for Plaintiff DATE: q-'?q-og Exhibit "B" Phelan Hallinan & Schmieg, LLP C By: Daniel G. Schmieg, Esquire o Identification No. 62205 Mr--- 1617 JFK Boulevard, Suite 1400 t" One Penn Center Plaza -? Philadelphia, PA 19103 Attorney for Plaintiff ' Ri 215-563-7000 co -< WELLS FARGO BANK, NA CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS DANIEL P. WELLNER CIVIL DIVISION 427 PARK DILLS DRIVE MECHANICSBURG, PA 17055-4963 No. 08-5667 CIVIL TERM AMY J. WELLNER , 427 PARK HILLS DRIVE MECHANICSBURG, PA 170554963 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 DANIEL P. WELLNER, and AMY J. WELLNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $175,103.63 Interest - 09/25/2008 to 11/20/2008 $1,614.81 TOTAL $176,718.44 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, co/p ched. ? r Daniel G. Schmieg, Es it Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 /'a PHS # 187367 PR PROT Exhibit "C" N- a? W o x ? U x U C ? a x a0 ?b zdo T G UU .^ a0 ? R C O C '.? m o E ?' Gs v GQ E z v E c ? ? Ca XEE ti GTi U R ? .2 y S ?0 6 l 3000dIZ IN06J a3lIVW ? 2 a c 6002 ! Z 61dv 0 L08 4217000 m v 4 WL ZO OOI???O $ «N S-IM?79 hlNlld ? G ND N T 3 10 Al o y ? ? 1`?'bd S? `d c 7" c v a° R a? v ° b 7 HO Oq R N U ? ? o E c.? ? d o 7 0 v ? o O T G Q' - R 0. T R y o r OA ° G A - o p 4. U a 1 1 F o _ ? .E R a a „ R Em x w?voo rn s Qj ai ° F ? y ue FC .? a S? Hfy ww U ?I O ? , ? 7 3 b cl ?o. y fx f? U N .l r a 0 ° C ra Q,' o v a ? z ?b z; w z A M N ? v .? V] v x w 7 y a? z --? N ri V v1 ?D l? oo O? ?a `V\ -41 3? 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. DATE: Ale Ph In 1 & Schmieg, LLP By: Mic ele M. r dford, Esquire Attorney for aintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. DANIEL P. WELLNER AMY J. WELLNER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5667 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. DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 DATE: P ftlFallin & Schmieg, LLP By: M chile M. dford, Esquire Attorney for P aintiff ALED--C'10 CE OF THE PIP,-''!-.;n'",OTARY 2009 MAY -5 AM 9: 51 CUME, 4 MAY 0 6 2008 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff V. DANIEL P. WELLNER AMY J. WELLNER Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-5667 CIVIL TERM AND NOW, this 1 I ' day of r-n 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Zp nle._,r 04 tzf Jtrv?u.. Rule Returnabl , a in e e um er an oun o ouse, ar is e, e 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 2fed_phe.com "W TT TT f?/1T TT) T` V) cn^ C CZ) ra c?.? N © tr. O , 3 N ? ./ DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 lip i Es enatLSL s/i24'aq '=fn 187367 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL, DIVISION VS. : NO. 08-5667 CIVIL TERM DANIEL P. WELLNER AMY J. WELLNER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE "' sq. attorney for WELLS FARGO BANK, N.A. hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A" DATE: Lawrence T. Phelan, Esq., Id. No. 32227 Frpcis 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 Attorneys for Plaintiff WELLS FARGO BANK, N.A. V. Plaintiff, DANIEL P. WELLNER AMY J. WELLNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5667 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. WELLNER AMY J. WELLNER Last Known Address (if address cannot be reasonably ascertained, please indicate) 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 427 PARK HILLS DRIVE MECHANICSBURG, PA 170554963 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 131h 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-stateiKnts herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn fals Eation to a orities. May 5.2009 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff s ? {a? pp ?g U r G:s•? r ?o ?s 4 3000aiz wow oaww ! qJ c... 6007, sz Nvr o cos izhooo 007 TO $ wti zo Q s-'? 0 v rA Q ??sg -?ssH, 0 A c ? M '; c ° rn VSO O u Ap 8 in N K CL O '$O 00 W 04 00 cd n r H ^ r-, 00 d ? per,, N W p'' .-? Gas] ;? ? 3o G +? a raw ? p o'' W x °? a a ? *0 40, c d A a> U CG «t ?,d WdO a ?. 4, Z Om? a O WM O Q a "C7? ?'v, In 0 4-1 8 ? (A 0 "b >,u loo 00 ao cn W p4 « , ?• y p, H oc 7-? d ^n. a p 1 p oA a U $ G? a; O A ¢°b v Z pWpc ,°? a r e O M V G1 a, `t ap °a E Q Q ?. r Vy ?S C C4 M zd0 a is t 1 ?.g b N. L6 30 O0d?Z?U3NtlW EO L WQ. 01 0$ L voo 6002 9[ ? itpep ? ? upp ? y$U$p w ?tl a,3 g S ? Pb ?? NNa M 00 S a W V (JM ? ? W T W 7 d a ? ?Uw o. a WWU'' V L mWr7? ?i w z '' v a r M '? f? M N Tp? 20291 ?lA 2, 42 i':i ,111.1 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 V. DANIEL P. WELLNER AMY J. WELLNER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-5667 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 11, 2009 Rule was sent to the following individuals on the date indicated below. DANIEL P. WELLNER AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 DATE: 51 )1 101- Phelan Hallinan & chmieg, LLP By: ?Mm i Mich a M. Bradford, E Wire Attorney for Plaintiff 2',B HAY 22 " a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 14TH day of JAN, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5667, at the suit of WELLS FARGO BANK N A against DANIEL P WELLNER & AMY J is duly recorded as Instrument Number 200936931. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this jO day of of Deeds Rso?rd?r 0 0, 4da, Cumbafand County, C&UA, PA My Cor? EVkas #e Fist Monday ot,hn.901Q In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5667 Civil Term Wells Fargo Bank, N.A. VS Daniel P. Wellner and Amy J. Wellner Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2009 at 1948 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: Daniel P. Wellner and Amy J. Wellner, by making known unto Amy J. Wellner, personally, at, 427 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0934 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 Daniel P. Wellner and Amy J. Wellner, located at, 427 Park Hills Drive, Mechanicsburg, Cumberland County Pennsylvania, according to law. 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: Daniel P. Wellner and Amy J. Wellner, by regular mail to their last known address of 427 Park Hills Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., Inc.,of, 3476 Stateview Blvd, Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 966.09 Sheriff's Costs: Docketing 30.00 Poundage 18.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Law Library Milage Levy Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers, R. Thomas Kline, S riff y By Real Estate Coordinator FII EI;- FRCE .50 or: 'Mc P7?;'Ti``I%ICTA4?Y 19.80 15.00 202, OCIT 30 PM 3: 02 30.00 40 00 C?lw . 355.00 ,''vt,'-,,t'• 276.92 15.43 25.00 49.50 966.09 uV 0'1? H CIO . s? . py'-- WELLS FAR GBANK, N.A. , Plaintiff, V. DANIEL P. WELLNER AMY J. WELLNER Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5667 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. WELLNER AMY J. WELLNER Last Known Address (if address cannot be reasonably ascertained, please indicate) 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 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) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. January 9, 2009 DATE DANI L G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. DANIEL P. WELLNER AMY J. WELLNER Defendant(s). CUMBERLAND COUNTY No. 08-5667 CIVIL TERM January 9, 2009 TO: DANIEL P. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 AMY J. WELLNER 427 PARK HILLS DRIVE MECHANICSBURG, PA 17055-4963 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055- 4963, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $176,718.44 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. • You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said point of beginning and by the Easterly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eckert, et ux; thence by line of lands of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 96.00 feet to a point; thence by the line of dividing Lots Nos. 1 and 2 in said plan South 08 degrees 18 minutes 30 seconds East a distance of 126.24 feet to a point on the Northerly edge of Park Hills Drive; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEGINNING. BEING THE SAME PREMISES VESTED IN Daniel P. Wellner and Amy J. Wellner, h/w, by Deed from Billy W. Hawkins and Patricia L. Hawkins, h/w, dated 04/07/2006, recorded 04/07/2006 in Book 273, Page 4628. PREMISES BEING: 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963 PARCEL NO. 42-27-1886-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5667 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 DANIEL P. WELLNER and AMY J. WELLNER (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 $176,718.44 L.L. $.50 Interest from 11121/08 - 6/10/09 (per diem - $29.45) -- $5,948.90 and Costs Atty's Comm % Due Prothy $2.00 Arty Paid $173.00 Other Costs Plaintiff Paid Date: 1/14/09 Curtis R. Long, rothonot ry (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G., SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 Real Estate Sale # 21 On January 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 427 Park Hills Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 28, 2009 f, By1rv 4,_? .tom 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: May 1, May 8, and May 15, 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. ivy ,- Coyne, rtor TO AND SUBSCRIBED before me this 5 day of May. 2009 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 REAL ESTATE SALE NO. 21 Writ No. 2008-5667 Civil Wells Fargo Bank, N.A. Vs. Daniel P. Wellner and Amy J. Wellner Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said point of beginning and by the Easter- ly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eck- ert, et ux; thence by line of lands of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 96.00 feet to a point; thence by the line of dividing Lots Nos. 1 and 2 in said plan South 08 degrees 18 minutes 30 seconds East a distance of 126.24 feet to a point on the Northerly edge of Park Hills Drive; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEGINNING. BEING THE SAME PREMISES VESTED IN Daniel P. Wellner and Amy J. Wellner, h/w, by Deed from Billy W. Hawkins and Patricia L. Hawkins, h/w, dated 04/07/2006, recorded 04/07/2006 in Book 273, Page 4628. PREMISES BEING: 427 PARK HILLS DRIVE, MECHANICSBURG, PA 17055-4963. PARCEL NO. 42-27-1886-004. 'The Patriot-News Co. - 812 Market St. Harrisburg, "PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-mews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn Ca ubscribed before me thiis? 2 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Pubic City Of Harrisburg; Dauphin County My Corrnission Expires Nov. 26, 2011 Member, Pennsylvania Association of Noterles w No. 20W t PAL Term Wfft .Fnr+RhA !WMk N.A. t' DanlebP.;lllhtllner A401719y DMIO18chmleg 4EGAL igE8CigWWN ALL THAT CERTAIN lot orpiax of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being more particularly hounded and ciesc4cd as MM., BEGINNING at the point on the Norther edge of Park Hills Drive in NO plan where the be dividing Lo AZ herein deKilbetl, and Lot #3 in said l P An ieteiaects the No em edge of said Drive; thence '6m said point of beginning and by theEaskdy'edge of Lot #3, aforassid, North m degrees 18 minutes 30 ?secon4 West a dimmw of 123.92 fchrt to t flap df lands now or 1a1i of RAO . Ed* et at; th by line of leads of Eckert, North 81 degrees 30 minutes 00 seconds Fm a distance of 96,00 fleet to a point; thence by the Itae Of4widhtg Lots, Nos.1 and 2 in sold plan So'* 08 degrees 18 Waaphes 30 secW OW a.distauce`oE JXU feetio'a point on the. thence by.do Northern edge'df said Drive South 81 degrees 41 minutes 30 seconds West's Distance of 96:00 fed, to the place of Bawd TIMSANE, VESTED IN Daniel P.-Velbhar and Araj J. Welleer, hla,.by Deed bm Billy' W. Hawkins and Patricia L. Hawkins, hlw, dead` 04t07/2006, recorded 041 07/2006 in'Hook'273, Page 4628: Vk M ES BOO. 427 PARK HUB DRIVE, M nAkICSBURG, PA 170554963 PARCEL NO 42,27-1886"