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HomeMy WebLinkAbout09-3033V? 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 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 Apdrew 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204616 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff V. DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. el' 3G3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204616 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 (717) 249-3166 File #: 204616 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/31/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200730388. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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 #: 204616 6. The following amounts are due on the mortgage: Principal Balance $127,051.98 Interest $5,142.38 10/01/2008 through 05/11/2009 (Per Diem $23.06) Attorney's Fees $1,325.00 Cumulative Late Charges $0.00 07/31/2007 to 05/11/2009 Cost of Suit and Title Search 750.00 Subtotal $134,269.36 Escrow Credit $0.00 Deficit $21.93 Subtotal 21.93 TOTAL $134,291.29 7. 8 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 204616 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,291.29, together with interest from 05/11/2009 at the rate of $23.06 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 By: m? 013 ? 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 204616 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a State Road and land, now or formerly of Francis Spangler; thence by lands, now or formerly of Francis Spangler North fifty-three and one-half (53 1/2) degrees East two hundred (200) feet to a point; thence by lands, now or formerly of Joseph Pyne, South thirty-six and one-half (36 1/2) degrees East forty-five (45) feet to a point; thence along other lands, now or formerly of Joseph Pyne South fifty-three and one-half (53 1/2) degrees West two hundred (200) feet to East side of State Road; thence along said State Road, North thirty-six and one-half (36 1/2) degrees West forty-five (45) feet to the place of BEGINNING. CONTAINING thirty-four (34) perches. BEING improved with a two and one-half (2 1/2) story frame dwelling house and one story frame summer kitchen. BEING No. 607 State Street, West Fairview, Pennsylvania. BEING the same premises which WILLIAM A. STUM AND KATHRYN E. STUM, FORMERLY H/W, by Deed dated August 24, 2000, and recorded September 5, 2000, in the File #: 204616 Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 228, Page 582, granted and conveyed unto William A. STUM. BEING THE SAME PREMISES which William A. Stum, adult Individual by his Deed dated July 31, 2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Douglas A. Wheeler, adult individual, Mortgagor herein. PARCEL NO. 45-16-1.050-073A PREMISES BEING: 607 STATE STREET File #: 204616 (5) FILED + :IcF ()F Tp= My 1 i??1 tel.. !1 t ?' S V i 2009 tf, Y 13 A to: 4 5 Cl `iv ? .dl1lj x2v w ;,5- Sheriffs Office of Cumberland County R Thomas Kline Cd?'Otr at duutb"r ib Edward L Schorpp Sheri r Solicitor J Ronny R Anderson ,? ' Jody S Smith Chief Deputy OFMCE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/21/2009 07:25 A - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2001, at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Douglas Wheeler, by making known unto Douglas Wheeler personally, at 607 Sta Street, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41 May 22, 2009 SO ANSWERS, Wt? R TWMAS L VE, SHERIFF 4 2009-3033 Taylor Be & Whitaker Mortgage v alas Wheeler c 0 r) rr .-n - F1 I rv 'T7 ?' co j C) Xnu -? l-'. -w' -_. TAYLOR, BEAN & WHITAKER MORTGAGE COURT OF COMMON PLEAS CORPORATION, CUMBERLAND COUNTY Plaintiff, V. CIVIL DIVISION TERM CIVIL Case No: 09 -3033 DOUGLAS A. WHEELER, Defendant(s). ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of: Defendant(s) Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 TAYLOR, BEAN & WHITAKER MORTGAGE COURT OF COMMON PLEAS CORPORATION, CUMBERLAND COUNTY Plaintiff, CIVIL DIVISION TERM CIVIL V. Case No: 09 -3033 DOUGLAS A. WHEELER, Defendant(s). ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Douglas A. Wheeler, by and through his attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Denied. It is denied that said mortgage was legally assigned or transferred and proof is demanded at the time of trial. 4. Admitted. 5. Denied. The Defendant believes and therefore avers that dates in Plaintiff's Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant believes and therefore avers that the amounts stated in Plaintiff's Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Denied. It is denied that attorney's fees are appropriate in this case. 8. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiffs Complaint. Respectfully submitted, BLEASDALE LAW OFFICE By: Briatig'.-Bleasdale, Esquire Counsel for Defendant / VERIFICATION I verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. June 12, 2009 Date (Signature of Defendant or Authorized FILE 1. THE Mg AN IS Hi 3: 3 0"' ~, F1lEt}-~"~r~ ~~,c ~ P~0 ~ t-~~'~'~Ti~'?Y 1010 ~IAY 12 Ph 3~ f33 r z.f ~ ~; ~L~ t,, PEI~~ ~SYLV.~1viA Phelan Hallinan &Schmieg, LLP ', By: Lawrence T. Phelan, Esq., Id. No. 32227 '', ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ', 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., ld. 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 I, 215-563-7000 I TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION : Plaintiff Civil Division v• CUMBERLAND County DOUGLAS A. WHEELER ', No. CIVIL 09-3033 Defendant ', i CERTIFICATION OF SERVICE ~_ I hereby certify that a true and correct cgpy of the Rule noting a Rule Return date of May 21, 2010 was sent to the following individual orp the date indicated below.. DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Hallinan & Schmieg. LLP DATE: ~ By: ] rence T. Phelan, 1~'sq., Id. No. 32227 ] F a cis S. Hallinan, Esq., Id. No. 62695 ] D iel G. Schmieg, Esq., Id. No. 62205 ] Michele M. Bradford, Esq., Id. No. 69849 ] Judith T. Romano, Esq., Id. No. 58745 heetal 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., ld. No. 86657 ] Peter J. Mulcahy, Esq., Id. No. 6 ] 791 ] 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 TTORNEY FOR PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORFORATION, Plaintiff v. DOUGLAS A. WHEELER, Defendant TO THE PROTHONOTARY: ra a :. -~ :~~ ?~: ni -.~ N ~ ,a t ~-` C7 ; ,:.., }', { Kindly enter my appearance as local counsel, in conjunction with Phelan Hallman & Schmieg, LLP, for the limited purpose of representing the Plaintiff in regard to Plaintiff's Motion for Reassessment of Damages. May 20, 2010 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-3033 CIVIL TERM . -~> ~r c~i r~"' ~ ; Respectfully submitted, WOLF & WC1L~,~ Attorneys at Law Na ~~olf, Esquire ~1~. Wolf, Esquire 10 West High Street Carlisle, PA 17013-2922 (717) 241-4436 I.D. No. 87380 I.D. No. 88732 cc: Phelan Hallinan & Schmieg, LLP, for Plaintiff Douglas A. Wheeler IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff v. DOUGLAS A. WHEELER Defendant Civil Division CUMBERLAND County No. CIVIL 09-3033 ORDER AND NOW, this ~I day of ~ , 2010 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 $127,051.98 Interest Through June 2, 2010 $13,918.23 Per Diem $23.38 Late Charges $41.20 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $51.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($47.54) Escrow Deficit $2,785.38 TOTAL $145,941.75 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. f~ - "'~~~ r BY TH$~ RT r, • r i c` ~,~ ~ E.~ `' L ~~ ~/{ .~t J~ \tli X11 ~5 `~~"~j ~ ! S ~~ ~~~ ! Z r '~ OIOZ ~~ J . G,~(aC.~,,~~ ~ .cJ~.C~ ~'~t'co J. 204616 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Taylor, Bean & Whitaker Mortgage Corporation vs. Douglas A. Wheeler Case Number 2009-3033 SHERIFF'S RETURN OF SERVICE 04/08/2010 08:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 2033 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: Douglas A. Wheeler, by making known unto, Douglas A. Wheeler, personally, at,607 State Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 5/4/10 SHERIFF COST: $653.99 May 24, 2010 '~~3ti1 ~~ D~ L1 FII~~~,~~ ~. SO ANSWERS, ! ~~~`- RON R ANDERSON, SHERIFF ~ ~C'LT fn( ~°= . a ~a~ v ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY i..reso~t inc TAYLOR, BEAN & WHITAKER MORTGAGE COURT OF COMMON PLEAS CORPORATION , . Plair.~iff CIVIL DIVISION v. NO. CIVIL 09-3033 DOUGLAS A. WHEELER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, 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 607 STATE STREET, ENOLA, PA 17025-3037. 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 DOUGLAS A. WHEELER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 607 STATE STREET ENOLA, PA 17025-3037 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) None. 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. 7. N Mme and address of every other'person of whom the plaintiff has knowledge who has any interest in the property which may b~ 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 Douglas A. Wheeler C/O: Brian J. Bleasdale, Esquire 607 STATE STREET ENOLA, PA 17025-3037 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 931 Chislett Street Pittsburgh, PA 15206 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 13, 2010 By: C Att for Plaintiff 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 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 TAYLOR, BEAN & WSITAKER MORTGAGE COURT OF COMMON PLEAS CORPORATION CIVIL DIVISION Plaintiff vs. DOUGLAS A. WHEELER NO. CIVIL 09-3033 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 * *THIS FIItM 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 607 STATE STREET, ENOLA, PA 17025-3037 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $134,291.29 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (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 Sheriffls 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 NO. CIVIL 09-3033 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION vs. DOUGLAS A. WHEELER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 607 STATE STREET, ENOLA, PA 17025-3037 Parcel No. 45-16-1050-073A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,291.29 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more ,particularly described as follows: BEGINNIlVG at a State Road and land, now or formerly of Francis Spangler; thence by lands, now or formerly of Francis Spangler North fifty-three and one-half (53 1/2) degrees East two hundred (200) feet to a point; thence by lands, now or formerly of Joseph Pyne, South thirty-six and one-half (36 1/2) degrees East forty-five (45) feet to a point; thence along other lands, now or formerly of Joseph Pyne South fifty-three and one-half (53 1/2) degrees West two hundred (200) feet to East side of State Road; thence along said State Road, North thirty-six and one-half (36 1/2) degrees West forty-five (45) feet to the place of BEGINNING. CONTAINING thirty-four (34) perches. BEING improved with a two and one-half (2 1/2) story frame dwelling house and one story frame summer kitchen. TITLE TO SAID PREMISES IS VESTED IN Douglas A. Wheeler, adult individual, by Deed from William A. Stum, adult individual, dated 07/3112007, recorded 08/02/2007 in Instrument Number 200730387. PREMISES BEING: 607 STATE STREET, ENOLA, PA 17025-3037 PARCEL NO.45-16-1050-073A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-3033 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From DOUGLAS A. WHEELER (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 $134,291.29 L.L. $.50 Interest from 5/12/09 to Date of Sale ($22.08 per diem) -- $8,544.96 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 1/21/2010 (Seal) David D. Buell, Proth notary By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN PLAZA CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 607 State Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator 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, vlz: April 16, Apri123, and April 30, 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. 2009-3033 Civil Taylor, Bean 8s Whitaker Mortgage Corporation vs. Douglas A. Wheeler Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL 09-3033, TAYLOR, BEAN 8s WHITAKER MORTGAGE CORPO- RATION vs. DOUGLAS A. WHEELER, owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 607 STATE STREET, ENOLA, PA 17025-3037. Parcel No. 45-16-1050-073A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $134,291- .29. Li Marie Coyne, itor ( SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 - otary NOTARIAL SEAL DE80RAH A COLLINS Notary Publk CARLISLE BOROUGH, CUMBERLAND COUNTY My Commitalon Expiroa Apr 28, 2014 " ' • The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 the ~latriot-News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 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 Writ No. 2009-3053 Chril Tsrm Taylor, Byrn d~ Whttaler ~ga9e Corporation j ~ Vs. Douglas p. Wheeler Atty: Daniel G Schmieg i By virtue of a Writ of Execufion NO. CIVIL 09- 3033 TAYLOR, BEAN.& WliffAKER MOIYfOAGE CORPORATION vs. DOUGLASA.WHEELIIZ owner(s) of property situate in the 1'OWNSIIIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 607 STATE STREET, ENOLA, FA 17025-3037 Parcel No.45-16I050-073A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,291.29 This ad ran on the date(s) shown below: ~~. y~~ ~~~~_ Sworn to a~ubscribed before me this ~' day of ay, 2010 A.D. ~L r ' ~`~... ~ l L - `~---~.~ Notary Public COMMONWEAL'TN OF PENNSYLVANLq Sharri~ L.1CI9n~, N~otery PubNc Lower Pe:rL+ort 'rlyp., ~PhM County My Commissbn Nov. 16, 201Il Member, Pennsylvania ~ssoClatlon of Notaries 04/16/10 04/23/10 04/30/10 PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-3033 CUMBERLAND COUNTY DOUGLAS A. WHEELER Defendant(s) PRAECIPE TO REASSESS DAMAGES To the Prothonotary: Kindly Reassess the Damages per the Court Order dated May 21, 2010 in favor of the Plaintiff and against DOUGLAS A. WHEELER, defendant(s). As Set Forth in the Order $145,941.75 f Z 37' C_ A orney for Plaintiff 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 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 r 0 irfl + 14.00 PD ATTY ?? lpp3'1`ll ?? a?e3o9 Alohee ?ku?aC? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. DOUGLAS A. WHEELER Defendant CUMBERLAND County No. CIVIL 09-3033 ORDER . AND NOW, this 01 day of , 2010 the Prothonotary is ORDERED to _1 V amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through June 2•, 2010 Per Diem $23.38 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $127,051.98 $13,918.23 $41.20 $1,325.00 $801.50 $0.00 $51.00 $0.00 $0.00 $15.00 ($47.54) $2,785.38 TOTAL $145,941.75 Plus interest from June 2, 2010 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. 3?'••I'H T J. 204616 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v DOUGLAS A. WHEELER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/03/2010 to Date of Sale ($23.99 per diem) TOTAL `Z!SJ U4.0o PA ik'my ql, 50 1,8F 1053.99 " 179.50 a 1q.00 " a4. oo " koo " 94 - PO nr,-y $a.00 Nee Note: Please attach description of property. PHS # 204616 ()*10D3447 0 ages] pm wt?f 4uuj NO. CIVIL 09-3033 CUMBERLAND COUNTY c? $145,941.75 , , $4,534.11 $150,475.86 Attorney for Plainti Phelan Hallinan & Schi , LP ? 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 Zheetal dith T. Romano, Esq., Id. No. 58745 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 ? fii O O O U W W F O ? O ?. H ?a d O? w0 O ? W as '? U F W ? ? W W °o ? o ty, r ? ? H a 45 ¢ q?w 0 a W o? W P4 0 ? 'd y W ? W o O A a'" N ? fir, lam" oM0 - d ? r M M p? w N N?O??? C C M T d OZ?N o N .D N ?O ? 00 r ? N ? 00 ?` .d N G ? O O? MNNp O o"'' Z.p oo? 77 0 6X az 6 ?. 6 JwwwoW..: yWW?w ?w s? 0 CA .1 0 J-4 73 s u 00 ¢a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. DOUGLAS A. WHEELER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-3033 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the aS6-ve capti&&_ed 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 `" c 7 ,??n (X) Act 91 procedures have been fulfilled w This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: iL Attorney for Plaintiff 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 FTJudith 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. DOUGLAS A. WHEELER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-3033 CUMBERLAND COUNTY PHS # 204616 AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, 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 607 STATE STREET, ENOLA, PA 17025-3037. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably -V ascertained, please so indicate) DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 _., . 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably :. ascertained, please so indicate) 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 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) None. 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. 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 Address (if address cannot be reasonably ascertained, please indicate) 1 TENANT/OCCUPANT Domestic Relations of Cumberland County 607 STATE STREET ENOLA, PA 17025-3037 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Brian J. Bleasdale, Esq. P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 931 Chislett Street Pittsburgh, PA 15206 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. September 13, 2010 By: Attorney for Plaintiff 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 ff 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO. CIVIL 09-3033 VS. : CUMBERLAND COUNTY DOUGLAS A. WHEELER Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 "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 607 STATE STREET, ENOLA, PA 17025-3037 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $145,941.75 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (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 IT) To prevent this Sheriff's Sale, you must take immediate action:> (.. - 5(D 'C" 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, "sts and J reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-700 x12A. 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 A SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL 09-3033 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION vs. DOUGLAS A. WHEELER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 607 STATE STREET. ENOLA. PA 17025-3037 Parcel No. 45-16-1050-073A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $145,941.75 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a State Road and land, now or formerly of Francis Spangler; thence by lands, now or formerly of Francis Spangler North fifty-three and one-half (53 1/2) degrees East two hundred (200) feet to a point; thence by lands, now or formerly of Joseph Pyne, South thirty-six and one-half (36 1/2) degrees East forty-five (45) feet to a point; thence along other lands, now or formerly of Joseph Pyne South fifty-three and one-half (53 1/2) degrees West two hundred (200) feet to East side of State Road; thence along said State Road, North thirty-six and one-half (36 1/2) degrees West forty-five (45) feet to the place of BEGINNING. CONTAINING thirty-four (34) perches. BEING improved with a two and one-half (2 1/2) story frame dwelling house and one story frame summer kitchen. TITLE TO SAID PREMISES IS VESTED IN Douglas A. Wheeler, adult individual, by Deed from William A. Stum, adult individual, dated 07/31/2007, recorded 08/02/2007 in Instrument Number 200730387. PREMISES BEING: 607 STATE STREET, ENOLA, PA 17025-3037 PARCEL NO. 45-16-1050-073A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3033 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From DOUGLAS A. WHEELER (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 $145,941.75 L.L. Interest from 6/3/10 to Date of Sale ($23.99 per diem) -- $4,534.11 Atty's Comm % Due Prothy $2.00 Atty Paid $849.99 Plaintiff Paid Date: 9/15/10 Other Costs David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JAN], ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 F~~.E~-!~Fs SCE ~~' Tf~~~ ~~~JT~i~~~k0 ~-~FtY E~fG C~T 18 ~~ 2: 17 P~~~~~~'SYLV'~,,~~ 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County DOUGLAS A. WHEELER No.: CIVIL 09-3033 Defendant PLAINTIFF'S MOTION TO REAS5ESS DAMAGES 204616 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 13, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 15, 2010 in the amount of $134,291.29. 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. T'he Property is listed for Sheriff s Sale on December 8, 2010. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $22.44 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $126,929.33 $17,462.81 $41.20 $1,325.00 $1,014.50 $653.99 $51.00 $0.00 $780.78 $0.00 ($912.22) $7,402.20 $154,748.59 204616 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs 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. 204616 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~ ~ ` (~ ~ l ~ By: ^ 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 ^ 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 ATTORNEY FOR PLAINTIFF 204616 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County DOUGLAS A. WHEELER No.: CIVIL 09-3033 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 204616 I. BACKGROUND OF CASE DOUGLAS A. WHEELER 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. Plaintiff s Note was secured by a Mortgage on the Property located at 607 STATE STREET, ENOLA, PA 17025-3037. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was cleaz 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 Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 204616 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 204616 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third parry real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 204616 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often 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 often 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. 204616 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 204616 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Flaintiff 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. 204616 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 10- (fj ~ l ~ By: ~ a ^ 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 ^ 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 Attorney for Plaintiff 204616 // Exhibit «A~~ 204616 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204616 TAYLOR, BEAN~& WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff v. DOUGLAS A. WHEELER 607 STATE STREET c~ rv ° -~ +, s. ' ` ` o ~.~., ,~ ? ` ~ r ~ -~ ~ `_ . -' ~ ~ : _ ~s c '1.', ~!'~ ~~ A CJl .'~~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ~~ ~r'V~ ~ NO. 49. 3633 CUMBERLAND COUNTY ENOLA, PA 17025-3037 ~ h@n8by ~ within to be a tree std Defendant correct copy of the original filed of reed CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE COPY PLEASE RETURN File !i: 204616 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 {717} 249-3166 File ~: 204616 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The names} and last known address(es) of the Defendants} are: DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 who is/are the mortgagor(s) and/or real owner{s} of the property hereinafter described. 3. On 07/31/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR TAYLOR, BEAN 8c WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200730388. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R_C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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. Fite ~_ 204616 6. The following amounts are due on the mortgage: Principal Balance $127,051.98 Interest $5,142.38 10/01/2008 through 05! 11/2009 (Per Diem $23.06} Attorney's Fees $1,325.00 Cumulative Late Charges $0.00 07/31/2007 to 05/11/2009 Cost of Suit and Title Search 750.00 Subtotal $ I34,2b9.36 Escrow Credit $0.00 Deficit $21.93 Subtotal 21.93 TOTAL $134,291.29 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment} against the Defendants} in the Action; however, Plaintiffreserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) haslhave 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 #: 204616 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/liave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or hasThave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,291.29, together with interest from 05/11/2009 at the rate of $23.06 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 8c SCHMIEG, LLP By: %~c ~ p~3f~ La ce T. Phelan, Esquire Francis S. Hallman, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff mica: zoabi6 LEGAL, DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a State Road and land, now or formerly of Francis Spangler; thence by lands, now or formerly of Francis Spangler North fifty-three and one-half (53 1 /2) degrees East two hundred (200) feet to a point; thence by lands, now or formerly of Joseph Fyne, South thirty-six and one-half (361/2) degrees East forty-five (45) feet to a point; thence along other lands, now or formerly of Joseph Pyne South fifty-three and one-half (53 1/2) degrees West two hundred (200) feet to East side of State Road; thence along said State Road, Norththirty-six and one-half (361/2) degrees West forty-five (45) feet to the place of BEGINNING. CONTAININGthirty-four (34} perches. BEING improved with a two and one-half (21/2) story frame dwelling house and one story frame summer idtchen. BEING No. 607 State Street, West Fairview, Pennsylvania. BEING the same premises which WILLIAM A. STUM AND KATHRYN E. STUM, FORMERLY H/W, by Deed dated August 24, 2000, and recorded September 5, 2000, in the File #: 204616 Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 228, Page 582, granted and conveyed unto William A. STUM. BEING THE SAME PREMISES which William A. Stum, adult Individual by his Deed dated July 31, 2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Douglas A. Wheeler, adult individual, Mortgagor herein. PARCEL NO. 45-1 b-1050-073A PREMISES BEING: 607 STATE STREET Fila p: 204616 VERIFICATION RPr,.,aA R~ hereby states that he/she is Vice President of TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~¢- Name: ~~ ~0 DATE: 9 Title: - VIx Presi~ent Company: TAYLOR, BEAN 8c WHITAKER MORTGAGE CORPORATION File #: 204616 LT Wheeler i ,~ Exhibi "B" 204616 ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN1V'SYLVANIA Tsiylor, Bean & Witilaker Mortgage .. Corporation 1417 North Mx~aolia Avenue Ocala, Y+'1.344?5-9!178 Plaintiff vs. Douglas A. Wheeler 607 State Street ' Enola, PA 27025-3037 ' Defendant Court of Con~non Pleas Cfvll Dfvi$ion i Cuerberland County No. Civil 03033 QRDER ` ~ AND NOW, this /L day of A~st:•r ., 2009 upon consideration of Plaintiffs Motion for Swnmary dudgaeent and Brief in'Support thereof; anclupon consideration af-the Response; if any, filod by Defendant, the Court cieteruiinesthat Plaintiff is ea~titled to Sumrnars- Judgment as a natter of levy, and it is hereby: ~ • ORDERED• acid ° DECREED that an i~ rc~ judgnait is entcrdd in favor of Plaintiff and against~l7efie~dant,•Douglas A. Wheeler, for $134,291.29 plus interest•from May 11, 2009 at the ra#e of $23.06 per diem and other costs and chatgrss coUecb'ble under the in6itgage, ~foir foreclosure and sale of the mort~ged property. ~ • • • • _ ~ ~ BY THE COURT: _)~-~~~ ski+3t~~~;'ytq,:t?~~t ha'8 ut~ sst ~sll ~' ~1 7 `r`r! r V~~ ~ ~ ~ J. d "` . ~. i • i ~. t: i :. .~ Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallman, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WffiTAKER MORTGAGE CORPORATION vs. DOUGLAS A. WHEELER 60'1 STATE STREET . ENOLA, PA 17025-3037 Attorney for Plaintiff t.. a~, ~~Q~~~~ti i ~~` ~ ~»~ .~[ ~ ~, '} ~ ~:.: ~ ~ - mr., :r •-; ~ ~ ~' f~9 r - ~ (;:~ N cn ,._. ~ ,.:_ _... f, t~ ~ ~ ~~ ~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DNISION No. CIVII. 09-3033 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER ;M.- -- TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against DOUGLAS A. WHEELER, Defendants) in accordance with the Court's Order dated 10/lb/2009. As set forth in the order of court TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~2 I ~ l d I . rxs a soa6~6 ~ T PRO PROTHY $134,291.29 5134,291.29 Lnce T. Phelan, wire F cis S. Hallman, squire Daniel G. Schmieg, wire Michele M. Bradford, Esquire Judith T. Ramapo, Esquire Sheetal R. Shah-Jani, Esq~ Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtepay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff C/O BRIAN 3. BLEASDALE, ESQUIRE 931 CHLSLETT STREET PITTSBURGH, PA 15206 Y, i Exhibit "C" 204616 y~~~~ • r ~a.9~ u ~ _~~ o Q ~~~~~ •~~~~ E 0 l6 L 3Q0~ dIZ WQ21~ O3lIbW ~ •o OLgqOZ 801/~0 9gZL1Zb000 ~ ~4~~ZV ~ Wl Z0 - E ~ ~' ~ $ o 0 ~~ ~ alyp ,~ ~ ~ ~ ~~~ 1bba ~• F ~ ~ e C .~; W ~ ~ 7 •~ X ~~,, ._._ _ ~ .~ W '~ .. b 7 ~•. `7. 00 w ~ ~ C v ~ 7 4 ¢ ~ •-N' U ~ 5 p o a~ ~ T ~p ~ ~ a'O A ~$ ~;E d ~. ~°~w owe far ~ o w. ~ 0 ~ m A ' ~ ~ O ~ a ~~A~~ d ~~7~ .nHP+ ~ a a b a ~ •~ w ~' ~ W o w ~ ~ 8 ~ H ~ a ,~ o `~ M ~ ~ ~ A, W o~ ~ o as ~ A ~ ~ a w ar ~ r`1 ~ O .. ~ ~ d ~ ~, ~ w ~~ ~ w w ~ ~ '-' ~ w d ~~° ~ ~ e ~~ ~ ~ ~' ~cs w o ~ U •"f o d ti x ~ ~ ~ ~~ ~~~ ~ ~ ~~~ z ° ~ a~a i ~ r° ° q z ~ ~ °' ~ ~ ~ w •~ ~ ~ ~ 's `'~ x p, z h L Q" -~ ~ r°w~ a ~. N m v ~n ~D t- oo O~ '" ^' Z,dO w et O N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 8, 2010 DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 RE: TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION v. DOUGLAS A. WHEELER Premises Address: 607 STATE STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL 09-3033 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 13, 2010. Should you have further questions or concerns, please do-not hesitate to contact me. Otherwise, please be guided accordingly. ery ~Y cis S. Hallinan, Esquire D 'el G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esq re Jenine R. Davey, Esquir Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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: ~~ ~ ~rj (© Ey: ^ 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 ^ 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 ATTORNEY FOR PLAINTIFF 204616 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division v. CUMBERLAND County DOUGLAS A. WHEELER No.: CIVIL 09-3033 Defendant CERTIFICATION OF SERVICE 204616 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. DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Phelan Hallinan & Schmieg, LLP DATE: ! n- I ~J ` ~ ~ By: V`~ ^ 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 ^ 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 ATTORNEY FOR PLAINTIFF 204616 ~- -- -..~ FI~.ED-QF~IC~ 01~ TIFF I'RDTf~ONOTAR`~' zoto ocT ~a ~~ 3. ~ z Ct1~18~RLA~~D C0~1P~TY PEPdNSYLVAfdIA ~„'~' ~ 9 2Q1~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION ; Plaintiff Civil Division v• CUMBERLAND County DOUGLAS A. WHEELER No.: CIVIL 09-3033 Defendant T•` AND NOW, this ~ day of -! ~(~ ~ ? 010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Keassess Damages. ~j a•~7 Rule Returnable on the ' ` day of _ /~ 2010, at l0 .G1 D, in +'-~~.~~. 3 Courtroom~of the Cumberland County Courthouse, Carlisle, Penns Y T RT ies J ., ~ .~~ lc>favf r -~ ~~~~L ;,~ J. 204616 .,. ~~~~.~~~1'(~~~~1;~ ~i~l~ OAT ~`~ F ?~ ~~ t ~~~'T?~t'~~ ~%,rE~ Cf~l,~i i i 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff v. DOUGLAS A. WHEELER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 09-3033 CERTIFICATION OF SERVICE 204616 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 19, 2010 was sent to the following individual on the date indicated below. DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Phelan Hallinan & Schmieg, LLP ~'(~~, DATE: ~~ ~ a-~~ ~~ By: ~~" " "'~~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. 5chmieg, 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 ATTORNEY FOR PLAINTIFF 204616 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION PHS # 204616 DEFENDANT SERVICE TEAM/ kxc DOUGLAS A. WHEELER COURT NO.: CIVIL 09-3033 SERVE DOUGLAS A. WHEELER AT, 607 STATE STREET ENOLA, PA 17025-3037 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 12108/2010 SERVED Served and made known to DOUGLAS A. WHEEaR , Defendant on the 3d"-day of Q ?1NSEk 20 10 , at )x.:35 , o'clock R. M., at Q't 53*1f Z7, ErVoLA PA__, in the manner described below: [Defendant personally served. - 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 6' _ Height 5!!I, Weight 210 Race ? Sex /4 Other I, ?t.A A W , 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 36'k day of ©CT, 2016. KIMBERLY CURW Notary: By: NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On th a , 20at - o'clock _. M., Defendant NOT Cl?it?R [I? MO M88 MARCH 7, 2013 V _ Does Not Exist _ Moved _ Does Not esI e (Not Vacant) _ No Answer on at at _ Service Refused z Other: Sworn to and subscribed of fore me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Fsq, It Na 32227 Frauds S. Iiaian, Fsq, Id. Na 62695 Daniel G. Sdnak& Esq, Id. Ne. 62205 Mkirek M. Bradliord, Esq, Id. No. 6W9 Jadfllr T. Ro moo, Esq., Id. No. 58745 Shaw R. Shah-Joad, FBq., Id. No. 81760 Janine IL Davey, Esq., Id. Na 87077 lamen IL TaW4 Esq., Id. Na 93337 Vivek Srivastava, Esq, Id. No. 202331 Jay B. Dona, Esq., Id. Na 866S7 Peter J. Makohy, Esq., Id. Na 61791 Andrea, L Splvaek, Esq, Id. Na 84439 Jahoe McGuinness, Esq, Id. No. 90134 ChrisovaMMe P. FIWros, Esq., Id. No. 94620 Jaehoa L Gallitano, FA6I& Na 205067 Coorleaay IL Dunn, Esq., Id. Na 206779 Andrew C. Braarhkittd. Na 200375 One Pear center at station 1617 Jon F. Kennedy Blvd, Saite 1400 PhHadelphia, PA 191OXIS14 (215) 5637000 0 cri `' ` s Rn? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE CUMBERLAND COUNTY CORPORATION Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION DOUGLAS A. WHEELER No.: CIVIL 09-3033 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: 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) andft Certified Mail Return Receipt stamped by the U.S. Postal Service is attached heret bit "A". U 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 ? Je ' Dave Es Id Mn 87077 c n R. Tabas, Esq., Id. No. 93337 V j' f Vivek Srivastava, Es Id. No. 202331 q•, ? Jay B. Jones, Esq., Id. No. 86657 4 2L ? Peter J. Mulcahy, Esq., Id. No. 61791 „ - ? Andrew L. Spivack, Esq., Id. No. 84439 ? ,+ ? Jaime McGuinness, Esq., Id. No. 90134 y, a = ? 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 At torney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a re presentative of the plaintiff at the Sheriff's Sale. The sale m ust be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 204616 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff v. DOUGLAS A. WHEELER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-3033 CUMBERLAND COUNTY PHS # 204616 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, 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 607 STATE STREET, ENOLA, PA 17025-3037. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DOUGLAS A. WHEELER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 607 STATE STREET ENOLA, PA 17025-3037 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) None. 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) THE TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 607 STATE STREET ENOLA, PA 17025-3037 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Brian J. Bleasdale, Esq. P.O. Boa 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 931 Chislett Street Pittsburgh, PA 15206 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 state is herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to au ti s. DATE: l By Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP D Lawrence T. Phelan, Esq., Id. No. 32227 D Francis S. Hallinan, Esq., Id. No. 62695 D Daniel G. Schmieg, Esq., Id. No. 62205 D Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? She 1 R. Shah-Jani, Esq., Id. No. 81760 ? J e R. Davey, Esq., Id. No. 87077 7 n R. Tabas, Esq., Id. No. 93337 ure Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 D Andrew L. Spivack, Esq., Id. No. 84439 D Jaime McGuinness, Esq., Id. No. 90134 D Chrisovalante P. Fliakos, Esq., Id. No. 94620 D Joshua I. Goldman, Esq., Id. No. 205047 D Courtenay R. Dunn, Esq., Id. No. 206779 D Andrew C. Bramblett, Esq., Id. No. 208375 ?0 L6 L 3000dIZ WOMB 031IVVy _ OLOZ w _- SOAON $ 9SZLLZb000 WL ZO ' s3nnoe Aa?um .? H _ + a? lQ l1) b ?`?ci 53?dy w ? C ?lQ1s 'H .r ell gi?s H w $ doq 7 p?p H Q•? w O .+ • w O d 0 p N N ' a Hy x^? ?j 'gjp5k ? ?1 y W q 0 !N d rt ? y rol t rCO ? ° O ? ? aw A; z U ? a° O w ° oa F w ,? a a! . r. ? ? ?? ??„dao d d i x Oz o zw? V:4a 0" ?7 ?a x - 00?? a? ?+ OD A z? n a"`?,??az o?,W ?a " a? z « ? ? « •s ? ? « s ? • s ? ? ? ? ?- JS r Vl •d 07 N N Z a qq ? ? ? ?••? N M er Vl ?O P? 00 O? ? ?" N M •t 1/1 ?da V:V-4 ? £OL6L 3010 95ZtLZ4000 0 ?S-ZO % W1L z o A a i t ,a Six Eo? 4. O u $$ A.A a ? It sb ? to ow ot .4 Io r tf I%A wo 0 ?U m o'"+ r a?j i?il 9 1 jai o_ ?1 M !i i r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. DOUGLAS A. WHEELER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 09-3033 ? ?ji?'` ORDER AND NOW, thisi`__day, otP 001 , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $126,929.33 Interest Through December 8, 2010 $17,462.81 Per Diem $22.44 Late Charges $41.20 Legal fees $1,325.00 Cost of Suit and Title $1,014.50 Sheriffs Sale Costs $653.99 Property Inspections/ Property Preservation $51.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $780.78 $0.00 ($912.22) $7,402.20 $154,748.59 Plus interest from December 8, 2010 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. THE Q c?0 jet-t U') .Cp to ?? y - P a G p ? rG ?04616 Phelan Hallinan & Schmieg, LLP 2012 FEB -1 AM 10: Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 (,,,uMOERLANO COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff vs DOUGLAS A. WHEELER Defendant : I Court of Common Pleas Civil Division CUMBERLAND County No. 2009-3033 TO THE PROTHONOTARY: FILED-O 1= ICE. HE PROTHONOTAR DID AV 9-1VV ? 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. Date: 4` LAN HAL INAN & S EG, LLP Me issa J. Cantwell, Esq., Id. 30891 Attorney for Plaintiff PHS # 259754 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL HOME CORPORATION Plaintiff LOAN MORTGAGE vs DOUGLAS A. WHEELER Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 2009-3033 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: DOUGLAS A. WHEELER 607 STATE STREET ENOLA, PA 17025-3037 Date: L Melissa J. Cantwell, Esq., I . o.308912 Attorney for Plaintiff PHS # 259754