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HomeMy WebLinkAbout09-8371Phelan 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 ?Alldrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 223040 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BRUCE E. HEISTAND 96 FRONT STREET ENOLA, PA 17025-3211 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - 8371 Oiv i I lerw? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 223040 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223040 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRUCE E. HEISTAND 96 FRONT STREET ENOLA, PA 17025-3211 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/20/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1916, Page 2780. 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 08/01/2009 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 #: 223040 6. The following amounts are due on the mortgage: Principal Balance $51,614.68 Interest $1,730.96 07/01/2009 through 12/01/2009 (Per Diem $11.24) Attorney's Fees $1,300.00 Cumulative Late Charges $88.05 07/20/2005 to 12/01/2009 Property Inspections $30.00 Appraisal/Brokers Price Opinion $259.45 Cost of Suit and Title Search 550.00 Subtotal $55,573.14 Escrow Credit ($10.97) Deficit $0.00 Subtotal 10.97 TOTAL $55,562.17 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 223040 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 $55,562.17, together with interest from 12/01/2009 at the rate of $11.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ; ? 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 ? urtenay R. Dunn, Esq., Id. No. 206779 EF"Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 223040 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of ground situate in East Pennsboro Twp., Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Front Street, said point being 58.32 feet South of Southwest corner of Front and Market Streets; thence extending along Front Street South 1 degree 30 minutes West, 23.67 feet to a point opposite the center of the partition wall dividing properties known as No. 94 and No. 94 and No. 96 Front Street; thence North 88 degrees 30 minutes West passing through the center of said partition wall and beyond 130 feet to a point on the East side of a 15 foot alley; thence along said alley North 1 degree 30 minutes East, 23.67 feet to a point on the Southern line of said Lot South 88 degrees 30 minutes East, 139 feet to a point the place of BEGINNING. BEING KNOWN AS PARCEL NO. 45-17-1044-282 PARCEL NO: 45-17-1044-282 PREMISES: 96 FRONT STREET, ENOLA, PA 17025 File #: 223040 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: File #: 223040 O F!! E n 2M DEC -3 P 2-: G ? G:, f . *'78. So P 6 AT-N C.I?`? 8s acs 0 8 I? a?w79 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL (ASSOCIATION, AS TRUSTEE FOR SASCO 2005- COURT OF COMMON PLEAS WF4 Plaintiff CIVIL DIVISION v BRUCE E. HEISTAND Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Doe Interest from 08/19/2010 to Date of Sale ($9.61 per diem) G) TOTAL G) 4 a4. oo PO A'TW CB1= 51.50 70.? N 1'? • oo a zo 170.50 -PO RITY h-Do Oue 0, 5o LA_ 01r(c 14 oto9 1?,# x49371 Note: Please attach description of property. PHS # 223040 NO. 09-8371 CIVIL TERM CUMBERLAND COUNTY $58,484.57 `: $1,883.56 cj c, : 7 $60,368.13 Atl'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 /Laurlen T. Romano, Esq., Id. No. 58745 al R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 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 KE U)1-'i- 4-%SLWCJ Nil k N a H b4 w? c4D OD o o ? z? oa o ©? a ao z ? O N N ,? w ?a w? z X a _F q w J:4 v OR, wo b y Ca cq "' cv E-+ W N w z `? a"i U O `C e w N h yl ?!' O O N o? O oo ?p N ? b b C ? ?O ? h. M C7 ?7' CJ1 h ? ? atiZZb oZ'oc?ooM,c°??°po°,Zoo*°v ti ' ?-4 oil c vi ,:? w°o'?`? 2 w a, a b; 49 Phelan Hallinan & Sch*ieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza TL R'( Philadelphia, PA 19103 20 1 215-563-7000 CUr :'Eli V U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEEAE6R,A SASCO 2005-WF4 Plaintiff V. BRUCE E. HEISTAND Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8371 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Acct 91 procedures have been fulfilled This certification is made subject to the penalties o 18 Paff"".A. § 4904 relating to unsworn falsification to authorities. BrftoMey 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 ? Ju th T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WV4 Plaintiff V. BRUCE E. HEISTAND Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8371 CIVIL TERM CUMBERLAND COUNTY PHS # 223040 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4, 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 96 FRONT STREET, ENOLA, PA 17025-3211. 1. Name and address of Owner(s) or reputed owner(s): Name BRUCE E. HEISTAND 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) ... °? ?+ . J ? . 96 FRONT STREET ` ' a ENOLA, PA 17025-3211 Address (if address cannot be reasonably -' ascertained, please so indicate) -- -' `-r 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) TENANT/OCCUPANT Domestic Relations of Cumberland County 96 FRONT STREET ENOLA, PA 17025-3211 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 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 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 at fals s tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific4tion t au orities. October & 2010 By: rney 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 ? Mich a M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 U.S. BANK NATIONAL, ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS SASCO 2005-WF4 CIVIL DIVISION Plaintiff NO. 09-8371 CIVIL TERM VS. CUMBERLAND COUNTY BRUCE E. HEISTAN Defendant(s) _` 11 -A -7 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY a TO: BRUCE E. HE STAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17625-3211 MECHANICSBURG, PA 17050-m='' ' "THIS FIRM IS A DEB' 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 96 FRONT STREET, ENOLA, PA 17025-3211 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $58,484.57 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 (the mortgagee) against you. In the event the sale is continued, an announcetkient 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 TAO 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 imp#operly 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 sales (See notice on page two on how to obtain an attorney.) Y 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 215-163-7000. 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 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of ground situate in East Pennsboro Twp., Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Front Street, said point being 58.32 feet South of Southwest corner of Front and Market Streets; thence extending along Front Street South 1 degree 30 minutes West, 23.67 feet to a point opposite the center of the partition wall dividing properties known as No. 94 and No. 94 and No. 96 Front Street; thence North 88 degrees 30 minutes West passing through the center of said partition wall and beyond 1130 feet to a point on the East side of a 15 foot alley; thence along said alley North 1 degree 30 minutes East, 213.67 feet to a point on the Southern line of said Lot South 88 degrees 30 minutes East, 139 feet to a point the place of BEGINNING. BEING the northern part of Lot No. 7 on the Town Plan of West Fairview as recorded in Cumberland County Deed Book 2H, Page 205. HAVING THEREON ERECTED the northern 1/2 of a frame dwelling known as 96 Front Street UNDER AND SUBJECT nevertheless to easements, restrictions, reservations, conditions and rights of way of record. TITLE TO SAIDPREMISES IS VESTED IN Bruce E. Heistand, by Deed from Andrew M. Cuomo, Secretary of Housing and Urban Development of Washington D.C., dated 08/14/1998, recorded 09/02/1998 in Book 184, Page 905. PREMISES BEING: 96 FRONT STREET, ENOLA, PA 17025-3211 PARCEL NO. 45417-1044-282. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8371 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for SASCO 2005-WF4, Plaintiff (s) From BRUCE E. HEISTAND (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 $58,484.57 L.L. $.50 Interest from 8/19/10 to Date of Sale ($9.61 per diem) -- $1,883.56 Atty's Comm % Due Prothy $2.00 Atty Paid $170.50 Other Costs Plaintiff Paid Date: 10/8/10 mid b. A ell David Buell, Prot not (Seal) By JVd A41 If A A Deputy REQUESTIN,O PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 161' JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 2115-563-7000 Supreme Court ID No. 93337 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005- WF4 PHS # 223040 DEFENDANT SEBMCE MUN ka BRUCE E. HEISTAND COURT NO.: 094W1 CIVII. TERM SERVE BRUCE E. HEISTAND AT: TYPE OF ACTION % FRONT STREET XX Notice of St1er1frs Sale ENOLA, PA 17025-3211 SERVED SALE DATE: 03102MIl :s Served and made known to BRUCE E HEISTAND , Defendant on the L day of /YOU &iW 20 Lb- at 9.41 , o'clock ?. M., at 96 F2bvt ST, &446 .,A ? DA . 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 DefendanWs office or usual place of business. an officer of said Defendant's company. _ Other. Description: Age A-65 Height Weight f ?i D Race W Sex M Other I,lWftdID Ll , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of SberifPs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Frii fJ' yr...?.. ++k.;? 3 Q F_:r Sworn to and subscribed before me this ._j r day KIMBERLY CURTY N NO y , NOTARY PUBLIC No By: By: STATE OF NEW 1FR5EY NOT SERVED My COMMISSION EXPIRES MARCH 7, 2013 the da o , 20L-, at, o'clock _ M., Defendant NOT F ause: scant t - Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other. Sworn to and subscribed before me this day of By: Notary: 1?w+rroe T. rw., 6rv, u N? soar FeaeY S. H6iap lkq., Y. No 91093 DWei G.8rka1,6 ah,1L IPa 61115 Ing , .fadWAR1%KWa" J5ft T.86arr,aq,10. Na W45 Skald R S411, JOF, Eq., K Na 8170 AWW R Dae>•. Lq., AL Na M)7 Uuw R IWN4 Zw}, bL Na 93317 WnkM Mimb% b%, IL N& X1331 Jq R Jws, 51,16. Na 16657 RhrJ.mdclb5.SW IL ft 61"1 Andmr 4Sp m*. y, 1LNa 1060 Jive= I; Pay.KNa91196 r. rndlm, lb% N. Na 91916 J"M1.Gdiw,Bq.ALNa111107 Gaup a. D?Bq,ILNaA" A0dWW C arailN, 1d. Na 3NM ! J1ih IGrrif Sob 1400 PYrddpW PA 19U&1814 (216) 563-70M 1?? SQL! 1 e'+Uti.V li.:?? `J irg- c?3.?•.._ 22 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 223040 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 December 3, 2009. 2. Judgment was entered on August 23, 2010 in the amount of $58,484.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 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 $51,614.68 Interest Through March 2, 2011 $6,857.57 Per Diem $11.24 Late Charges $146.75 Legal fees $1,675.00 Cost of Suit and Title $1,066.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $145.00 Appraisal/Brokers Price Opinion $275.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,857.70 TOTAL $65,638.20 223040 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 December 14, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "I3". 10. No judge has previously entered a ruling in this case. 223040 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: dk' (o By: IfL??NIJ?tilS? ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAIN'T'IFF 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division v' CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 223040 I. BACKGROUND OF CASE BRUCE E. HEISTAND executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 96 FRONT STREET, ENOLA, PA 17025-3211. 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 clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM.IUDGMENT 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 Mortcyacle Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 223040 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 223040 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the 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. 223040 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee ofd ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 223040 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 Sheriffs 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 223040 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, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 223040 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 223040 Exhibit "A" 223040 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 Vs. BRUCE E. HEISTAND Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-8371 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRUCE E. HEISTAND, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $55,562.17 Interest - 12/02/2009 to 08/18/2010 $2,922.40 223040 TOTAL $58,484.57 I hereby certify that (1) the Defendant's last known address is 96 FRONT STREET, ENOLA, PA 17025-3211, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r\ I 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 ? 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8 d 10 C PHS # 223040 PROTHONOTARY 223040 Exhibit "B" 223040 O O w o U u z? Z U z= ao b ? v Ec? zeo a o ry ? d G6 v " v ? ti p E ?n zi o .. y ni Ca so L s ? 3000 d1z woa l o31 F C y = idw OLoZ t;q 9szLLZbooo Z ' ' C of ro o 5 ZO $ W C z o. s =. . 53M09 A1Nlld ?. 4 E n [il .3 O O 1SOdS31d? ? ?? >; a QI n .O. v ?i E E v w F ,?? F In b cF- ° cn ? ? cy v N v zv ?- .- o o v - N U t: U W ) d O = C U ttl O 7 S l ! G- _, O T C v .c v a _o a A T rte. = ro E_ CQ ti a y '? Ci o •b Vo o U cc N O .? -u = ? d _ Aro ti R E a N O y,? W .n O ? Vj V C v ? 0 0 a - r w 0 v W v ? O H Z o ? w d v "C ? Z a z d >, ? Z Z U Un 10 U U ?o c w w o 0 W w N 0. x a v z L N Z ? N N U N N v' t N x U1 a a ; o ? ?b ?y ...a ,-- N cn V' vi ?p l? 0o O? O N M 71 v' F o: 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 December 14, 2010 BRUCE E. HEISTAND 96 FRONT STREET ENOLA, PA 17025-3211 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 v. BRUCE E. HEISTAND Premises Address: 96 FRONT STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. 09-8371 CIVIL TERM 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 December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, awrePhelan, quire rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqt3irt 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 Allison F. Wells, 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: t, -'ak- Lo By: JFq AA.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. 2.08375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTII' F 223040 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 : Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant CERTIFICATION OF SERVICE, 223040 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BRUCE E. HEISTAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17025-3211 MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP DATE: By: 1? " ON-CAD ? 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 1'. 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 L Goldman, Esq., Id. No. 2.05047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 BANK NATIONAL ASSOCIATION U S IN THE COURT OF COMMON PLEAS OF c . . AS TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA G c ? SASCO 2005-WF4, mom' c? l rn- m PLAINTIFF N "n ' o c) -n 7p c-) = -' BRUCE E. HEISTAND, CD C) DEFENDANT NO. 09-8371 CIVIL .- ORDER OF COURT AND NOW, this 27th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. ' Jaime McGuinness, Esquire Attorney for Plaintiff '/Bruce E. Heistand, Defendant ? Mai 10 bas a a4d ressts ?,p p galae/la D116 fILffl-OffICE Of THE PROTHONOTARY 2011 JJ? N -5 AN-10: 41 CUMBERLAND COUNTY PENNSYLVANIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn-Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Cavil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant CERTIFICATION OF SERVICE 223040 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following :individual on the date indicated below. BRUCE E. HEISTAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17025-3211 MECHANICSBURG, PA 1705C Phelan Hallinan & Schmieg, LLP DATE: By. a ence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 OF THERRflTNO NO TQ1?y 201 ? JAN 20 aM ?o: ? o CU PENNSYNO COUNTY LVaM?A 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 0 0 0 me 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE 223040 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 22, 2010. 3. 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 December 14, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L Ebert, Jr. on or about December 27, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on January 4, 2011, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. 223040 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: B 7' sq., 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 El-AlTi'i6n F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 223040 A Motion to Reassess Damages was filed with the Court on December 22, 2010. A Rule was entered by the Court on or about December 27, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 4, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP BY: DATE: 60V\ `fence Y-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 llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 FV// Exhibit "A" 223040 °o v aV) W o u a a ? 0. W y .-.. aoa ca C z?`q 5 C1 N 'tp v_ y h C•-s E v t p uC L p? ?:I '" iA F^ O y? G W T V }y 1? tdF,??+? Cu '?' ids, V U d L' G '^ V n x E ou ti w 'x a N y ?. v 8 uen?2E c In N 'aqua, V1 ti ?.? u v -EP O p . b d a F. w Q w a o a x M ? J C ? N O aw ?i Gz. "-r r?+ ? M z A ? a aO '? {W Gzl ° o H ? J x tu .a Z M 0 V N N N N c ¢ ff o . ?a [ .-7 --t N M ? h ? r• 00 O? o N ri ?r in H o: f, {l r^ U` c: G 7 PHELAN HALLINAN & SCHIvIIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP December 14, 2010 BRUCE E. HEISTAND 96 FRONT STREET ENOLA, PA 17025-3211 Representing Lenders in Pennsylvania and New Jersey RI: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 v. BRUCE E. HEISTAND Premises Address: 96 FRONT STREET ENOLA, PA 17025 CUMBERLAND County CCP,'No. 09-8371 CIVIL, TERM 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),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, awrence T. Phelan; F quire rancis S. Hallinan, Esquire Daniel G. Sclimieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esgyire Jenne R, Davey, Esquire Lauren R. Tabas, Esquire V ivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fl.iakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 223040 U.S. BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA SASCO 2005-WF4, PLAINTIFF V. BRUCE E. HEISTAND, DEFENDANT NO. 09-8371 CIVIL ORDER OF COURT AND NOW, this 27`h day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, lt:A?', ? M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiff Bruce E. Heistand, Defendant bas Exhibit "C" 223040 XV OF T HELP ONt1k0E TARY 2011JP,1?, -5 AN10.4t 'CUMSERLAtdQ COUNTY PENN'SYLIVAINIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF F ' S H-11' E Id N 62695 rands . a ?nan, sq., . V. Daniel G. Schmieg, Esq., :Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849. Judith T. Romano, Esq., I'd. 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. 8 V Jaime McGuinness, Esq., Id. Na. 9 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua. I. Goldman, Esq.*, Id.'No. 205047 ' Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Es q., Id. No. 20$375 Allison F. Wells, Esq.', Id: No. 309519 1617 JFK Boulevard; Suite 1400 One Penn Center Plaza -Philadelphia, 'PA 19103- 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 • . Plaintiff CivilB&Alsion V. BRUCE E. HEISTAND Defendant No.: 09-8371: CIVIL TERM CERTIFICATION OF SERVICE. 223040 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following individual on the date indicated below. BRUCE E. HEISTAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17025-3211 MECHANICSBURG; PA 17050 Phelan Hallinan & Schmieg, LLP DATE: By: ence T. Phelan, Esq., Id_ No. 32227 Q F cis S. Hallman, Esq., Id. No. 62695 aniel G. Sclunieg, Esq., Id. No, 62205 Michele M. Bradford, Esq., Id. No, 69849 Q Judith T. Romano, Esq., Id. No. 58745 Q Sheetal R. Shah-Jani, Esq,, Id. No.' 81760 Jenne R. Davey,. Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id: No.202331 B. -Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq.,`Id. No., 61791 . ' .Andrew L. Spivaek, Esq., Id. No. 84439 Q Jaime McGuinness, Esq., Id. No. 90134 `?.. ? Chrisovalante P. Fliakos,-Esq., Id. No. 94620 Joshua L Goldman; Esq., Id. No. 205047 Q Courtenay.R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 El Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF f 223040 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 Make Rule Absolute 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. DATE: By: e . reran, 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 llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmiea. LLP 223040 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 o. 309519 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant CERTIFICATION OF SERVICE 223040 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. BRUCE E. HEISTAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17025-3211 MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. P an, 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 ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 223040 2 FILED-OFFICE O THE PRO I ONOTARY 2011 JAN 24 Alf 11: 04 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR SASCO 2005-WF4 Plaintiff Civil Division V. CUMBERLAND County BRUCE E. HEISTAND No.: 09-8371 CIVIL TERM Defendant `h ORDER AND NOW, this 1,? day of W. , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $51,614.68 Interest Through March 2, 2011 $6,857.57 Per Diem $11.24 Late Charges $146.75 Legal fees $1,675.00 Cost of Suit and Title $1,066.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $145.00 Appraisal/Brokers Price Opinion $275.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 223040 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $3,857.70 $65,638.20 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 223040 ?A??? F. Wells, Ems, Mired Bruee E. Mel. tand , be f+ ?? t1 .I l 223040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEB -o m CIVIL DIVISION rn No.: 09-8371 CIVIL TERM -?.,y <0 20 CV ®. C) = C-.` v BRUCE E. HEISTAND Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 C-- --4 .?, 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 y Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set fo on the Affidavit and as amended if applicable. A copy of the Certificate of Mail* g (Fo 38 7) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service i attac ed ereto Exhibit " Date: 9-X227 awrence T. Phelan, Esq., Id. N 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 ? J nine 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 223040 w £ 0 L6 L woodu INOS-4 a311vw owz 801ao gc-z"z"000 OMOZO s WL ZO S3006 A3t"W NSOdOo t: • C S ?I I$ rl Z F Oa a O ? M rl ?a a I?.Mw i ca ?aF?aV a? ova °`w 6 t_ww t F 'Is 'a a??a ZF?S,W V V?O; « « « « « v b d H Zd0 :.a M 11 P4 x? 91 Im 1-1 °°l°'lol~I~I~IvI~I , , S)JERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith Loll nt? ?t uantrr/r?,m OF THE PPOTHJNOTj'jpY Chief Deputy 2911 APR - I AM Its: 15 Richard W Stewart Solicitor OF, r"` CUMBERLAND COUNTY ? PENNSYLVANIA US Bank National Association vs. Case Number Bruce E. Heistand 2009-8371 SHERIFF'S RETURN OF SERVICE 12/29/2010 08:23 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 96 Front Street, Enola, PA 17025, Cumberland County. 12/29/2010 08:23 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Bruce E. Heistand at 96 Front Street, Enola, PA 17025, Cumberland County. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank National Association, et. al., 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $756.86 March 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1/-? DO Pet, Q, 0-Cc `d-00. SZ? (.?,. hod , l u?*i5?t y ?;nft (e ;o't fn. rt U.S. BANK NATIO14AL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 Plaintiff V. BRUCE E. HEISTAND Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8371 CIVIL TERM CUMBERLAND COUNTY PHS # 223040 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4, 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 96 FRONT STREET, ENOLA, PA 17025-3211. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRUCE E. HEISTAND 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 96 FRONT STREET ENOLA, PA 17025-3211 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) 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) TENANVOCCUPANT Domestic Relations of Cumberland County 96 FRONT STREET ENOLA, PA 17025-3211 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 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 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 at fals stements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifrc?tion t au orities. October &, 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 ? Mich a M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS SASCO 2005-WF4 Plaintiff : CIVIL DIVISION NO. 09-8371 CIVIL TERM VS. CUMBERLAND COUNTY BRUCE E. HEISTAND Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRUCE E. HEISTAND BRUCE E. HEISTAND 96 FRONT STREET 6331 BRANDY LANE, LOT 17 ENOLA, PA 17025-3211 MECHANICSBURG, PA 17050 "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 96 FRONT STREET, ENOLA, PA 17025-3211 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $58,484.57 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005-WF4 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of ground situate in East Pennsboro Twp., Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Front Street, said point being 58.32 feet South of Southwest corner of Front and Market Streets; thence extending along Front Street South 1 degree 30 minutes West, 23.67 feet to a point opposite the center of the partition wall dividing properties known as No. 94 and No. 94 and No. 96 Front Street; thence North 88 degrees 30 minutes West passing through the center of said partition wall acid beyond 130 feet to a point on the East side of a 15 foot alley; thence along said alley North 1 degree 30 minutes East, 23.67 feet to a point on the Southern line of said Lot South 88 degrees 30 minutes East, 139 feet to a point the place of BEGINNING. BEING the northern part of Lot No. 7 on the Town Plan of West Fairview as recorded in Cumberland County Deed Book 2H, Page 205. HAVING THEREON ERECTED the northern 1/2 of a frame dwelling known as 96 Front Street. UNDER AND SUBJECT nevertheless to easements, restrictions, reservations, conditions and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Bruce E. Heistand, by Deed from Andrew M. Cuomo, Secretary of Housing and Urban Development of Washington D.C., dated 08/14/1998, recorded 09/02/1998 in Book 184, Page 905. PREMISES BEING: 96 FRONT STREET, ENOLA, PA 17025-3211 PARCEL NO. 45-17-1044-282. 4 .WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8371 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for SASCO 2005-WF4, Plaintiff (s) From BRUCE E. HEISTAND (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 $58,484.57 L.L. $.50 Interest from 8/19/10 to Date of Sale ($9.61 per diem) -- $1,883.56 Atty's Comm % Due Prothy $2.00 Atty Paid $170.50 Other Costs Plaintiff Paid Date: 10/8/10 L?a><sd ?`3uell David Buell, 4Deputy ( Seal) By- REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 TRINE CO" FROM REWRO In TOG"OW wfwnot, I hah mtb apt nV han0 and ft a" of aald COW cwftM? ft 0 T1rs.,?,Sik. Of 2010 K. , 0 On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as 96 Front Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: 21 1 state Coordinator V 0331M MoR °i Y400 URT A"?,#01soaks 1nsoO t"sibk WN bM y?l?srmm?i?a? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was, established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Lave 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. Coyne, SWORN TO AND SUBSCRIBED before me this 11 da of Februa 2011 Notary NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-8371 Civil US Bank National Association VS. Bruce E. Heistand Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8371 CIVIL TERM, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO 2005- WF4 vs. BRUCE E. HEISTAND, owner of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being 96 FRONT STREET, ENOLA, PA 17025-3211. Parcel No. 45-17-1044-282. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $58,484- .57. 25 The Patriot-News Co. ~ r 2020 Tedhno fogy Pkwy Suite :300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CIJMBERI_AND COUNTY COURT HOUSE the PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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 prinked and published in their regular daily and/or Suncay/ Community Weekly 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 Ccunty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28/11 2009-8377 Civil Term U Bank National Association 2/4/11 1?s Bruce E.. Helstand Atty Daniel Schmieg r_ 2/11/11 I / By virtue of a Writ of Execution NO: 09- : ` : : 8371 CIVIL TERM . .. .. . U.S. BANK NATIONAL ASSOCIATION, A S TRUSTEE FOR SASCO 2005-WF4 VS. Sworn to and subscribed befo*me *his 22 day of Februar 2011 A D BRUCE E. HEISTAND y, . _ owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) -- Notary Public 96 FRONT STREET; ENOLA, PA 17025- 3211 Parcel No. 45-17-1044-282. CC)MMrNWVEALTh OF PENNSYLNANLA - - - - (Acreage or street udress) Notarial Seal Improvements thereon: RESIDENTIAL Shmie L Klsner, Notary Public Bowe- Paxton Twp., Dauphin County JUDGMENT AMOUNT: $58,484.57 My Commission Ex?res Nov. 26, 2011 Membpr 'ennsvivanla Association of Notarir" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which SASCO 2005-WF4 is the grantee the same having been sold to said grantee on the 2:nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 8th day of October, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8371, al: the suit of SASCO 2005-WF4 Tr against Bruce E Heistand is duly recorded as Instrument Number 201109957. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ day of &Li ?- , A.D. -`2 of Deeds Recorder of Deyft QnbeftW Carr, cae. FYI My W=W m Fires the FW id rAq of Jm M4