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Home My WebLink About10-2244Phelan 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 l-ilrtenay 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 234618 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 Defendant n,'rt!''F CUV- ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 01244 O-Ai 1 -I&-r- M CUMBERLAND COUNTY OS 4qa. oo P p Any CO 8313(97 e a%9 997 File #: 234618 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 #: 234618 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/30/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200836561. 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 11/01/2009 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 #: 234618 6. The following amounts are due on the mortgage: Principal Balance $247,709.57 Interest $7,555.14 10/01/2009 through 04/01/2010 (Per Diem $41.2849) Attorney's Fees $650.00 Cumulative Late Charges $120.22 10/30/2008 to 04/01/2010 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $221.70 Private Mortgage Insurance Costs of Suit and Title Search S-550-00 Subtotal $256,836.63 Suspense Credit $0.00 Escrow Credit ($89.74) Deficit $0.00 Subtotal $89-74 TOTAL $256,746.89 7 9 Plaintiff is not seeking a judgment of personal liability (or an in nerSr onam 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 234618 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $256,746.89, together with interest from 04/01/2010 at the rate of $41.2849 per diem to the date of judgment, and other costs, fees, 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 234618 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Edenderry Way at the dividing line of Lot #100 and Lot #99; thence by the eastern right-of-way line of Edenderry Way, North twenty-seven degrees four minutes seven seconds West (N 27 degrees 04 minutes 07 seconds W), twenty-four and fifty-five hundredths (24.55) feet to a point; thence by same by a curve to the left having a radius of one hundred seventy-five and zero hundred (175.00) feet and an arc length of fifty-four and forty-one hundredths (54.41) feet to a point; thence by same, North forty-four degrees twenty-five minutes fifty-nine seconds West (N 44 degrees 25 minutes 59 seconds W), five and six hundredths (5.06) feet to a point at the dividing line of Lot #98 and Lot #99; thence by line of Lot #98 North forty-five degrees seven minutes one second East (N 45 degrees 07 minutes 01 second E), one hundred and zero hundredths (100.00) feet to a point; thence by Lot #15 now or formerly of Logans Run, Phase I, South forty-four degrees fifty-two minutes fifty-nine seconds East (S 44 degrees 52 minutes 59 seconds E), forty-eight and sixteen hundredths (48.16) feet to a point; thence by same and by Lot #14, nor or formerly of Logans Run, Phase I, South twenty-seven degrees four minutes seven seconds East (S 27 degrees 04 minutes 07 seconds E), sixty-seven and sixty-five hundredths (67.65) feet to a point at the dividing line of Lot #100 and Lot #99; thence by line of Lot #100, South sixty-two degrees fifty- five minutes fifty-three seconds West (S 62 degrees 55 minutes 53 seconds W), one hundred and zero hundredths (100.00) feet to a point on the eastern right-of-way line of Edenderry Way, the place of BEGINNING. File #: 234618 BEING Lot #99 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. SUBJECT to a drainage easement and wetlands restrictions as shown on the above mentioned Final Subdivision Plan. SUBJECT to restrictions and conditions as set forth in the above mentioned Subdivision Plan. BEING THE SAME PREMISES WHICH Charter Home Building Company, a Pennsylvania corporation, record owner, & Village Home Builders, inc., a Pennsylvania corporation, equitable owner, by Deed dated April, 29, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2497, granted and conveyed unto Gene Weiand and Buffie Weiand, husband and wife, Grantors herein. UNDER AND SUBJECT to restrictions as set forth in Misc. Book 451, Page 687; Misc. Book 475, Page 657; and Misc. Book 651, Page 825. PROPERTY BEING; 208 EDENDERRY WAY PARCEL# 09-14-0836-300 File #: 234618 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. orney for Plaintiff DATE: Ito File #: 234618 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson o ~ _ Sheriff ~~`~ ~ Jody S Smith .-. Chief Deputy 2~f ~ ~i-~ i ~ f~i`~ c~; U~ Edward L Schorpp Solicitor - ....~,;r~ C~fdu ;~='~~ , . '~_ ~'~r s~' Wells Fargo Bank, NA Case Number vs. Eric B. Ceja 2010-2244 SHERIFF'S RETURN OF SERVICE 04/08/2010 06:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2010 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure upon the within named defendant, to wit: Eric B. Ceja, by making known unto himself personally, at 208 Edenderry Way, 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. e NOAH CL NE, DEPUTY SHERIFF COST: $41.50 April 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C; i~:~1.1^~"y'jlli(EI Jhf:~lif. ~(0'.. ee^~50`f. ~:':C. !, F%LFT:.~~ ,_ _ ,~: ,. T . _ Y^ ~~~~v 2Cf0 iiit,~+ ~ ~~ Fri) I I' ~ 1 ~.~~~ ;y' 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 t~auren 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 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB vs. ERIC B. CEJA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2244 CIVIL TERM • ~ ~~. oo }~~ Am/ ~~~~ o~/ ~,~a~ a~ ice -~-~1 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 ERIC B. CEJA, 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 Interest - 04/02/2010 to 05/17/2010 $256,746.89 $1,899.11 TOTAL I hereby certify that (1) the Defendant's last known ENOLA, PA 17025-3414, and (2) that notice has been give copy attached. /' $258,646.00 dress is 208 EDENDERRY WAY, in accordance with Rule 237.1, Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith ~'. Romano, Esquire She al R. Shah-Jani, Esquire J ine R. Davey, Esquire auren 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5' / Pxs # 2346~s PROTHONO ARY 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 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 10-2244 CIVIL TERM ERIC B. CEJA VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ERIC B. CEJA is over 18 years of age and his last known residence is 208 EDENDERRY WAY, ENOLA, PA 17025-3414. This statement is made subject to tl~e penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ Lawrence T. Phelan, Esq., Id. Na,-~27 ^ 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 ^ Shee ~R. Shah-Jani, Esq., Id. No. 81760 ^ ine 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 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB COURT OF COMMON PLEAS vs. CIVIL DIVISION ERIC B. CEJA No. 10-2244 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: ^ 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 ^ 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIO USL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v ERIC B. CEJA Defendant(s) TO: ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 DATE OF NOTICE: Apri129, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2244 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT R[GHTS. 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 HIlZING A LAWYER. PHS # 234618 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. q., 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 ~tal R. Shah-Jani, Esq., Id. No. 81760 Jennie 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., [d. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234618 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK COURT OF COMMON PLEAS SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff CIVIL DIVISION v. ERIC B. CEJA Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/18/2010 to Date of Sale ($43.11 per diem) NO. 10-2244 CIVIL TERM CUMBERLAND COUNTY $258.646.QQ CJ o 8 837.55 ~ ° -r, ~ c.. ~; ~• ~~ ~ ~' TOTAL ~a14. do P p A'rr/ 41. so caF ga.oo « 1"{'.00 ~~ a .5p a ~ I'i ~. 00 ` ~ ATr1 ~a.oo~~ • 50 U. Note: Please attach description of property. PHS # 234618 $267,483.55 ~> '= x• -- :. ::~ ; -. ~ 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 ^ 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 ^ ourtenay R Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 =~, ~~ -,~ m _;; +~-, - -~ -: , .~ c~' 9tooRga O x U d w z F 0 O C7 W a a w 0 3 ~a o oa ~~ z OU p~ pgal ~~ ~w 0~ ~~ ~W ~C7a WO ~~ 3~ .~ ~ .b ti Ww UA ~i U 0 U Grr D 00 w O~ W ~ ~~ W -u .~ LL a> 3 a b Q ~'~1 w Q~ M 3~ O ~PgW4~ UZa FAQ UWO W N W 0 N ~ G ~ ~ ~ ~ M ~ ~ ~ ~ ~ N~DN~~opl~[~M •-+~~ O~~pN M~~ p0~0 aMN ~~~Z"ON G ~ C O OzNzo~O~N~~ C p-~~ ~ Oz ,.azzZ-o °.b o d ono oZZ °zzb ~' ,~ [i1 a~~i ~~ ~ ~ ~~ o ~wwW'~W ~ ~w ~~.,o Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v. ERIC B. CEJA Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2244 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION ~ Q _» The undersigned attorney hereby states that he/she is the attorney for the Plaintiff tJe a~4ve coned matter and that the premises are not subject to the provisions of Act 91 because: f ' ~ < <a - `~' (X) the mortgage is an FHA Mortgage ~. ,:. ~ -- ;_f a ='`~ -~; ( ) the premises is non-owner occupied ~ ~ `-~ ~ ~' ~- ( ) the premises is vacant ~: ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney or 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 ^ urtenay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v. ERIC B. CEJA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2244 CIVIL TERM CUMBERLAND COUNTY PHS # 234618 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB, 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 208 EDENDERRY WAY, ENOLA, PA 17025- 3414. Name and address of Owner(s) or reputed Owner(s): Name ERIC B. CEJA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ~ °- '- ascertained, please so indicate) ;~ ~,- ` r-- ~'~~ 208 EDENDERRY WAY '~_' r i -r., ~i ENOLA, PA 17025-3414 ~' ` ~' ~~ _t ;_ • - t~ ~ __ `~ `. ri Address (if address cannot be reasonably ~ n.: ascertained, please so indicate) `-i ~ 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) DAVID RICKER AND TIMOTHY BLACK 3631 NORTH FRONT STREET C/O DOUGLAS K MARSICO, ESQ. HARRISBURG, PA 17110 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 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION 208 EDENDERRY WAY ENOLA, PA 17025-3414 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6~ FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~0 JuneB. 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 ^ 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 ^ enay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO COURT OF COMMON PLEAS BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB CIVIL DIVISION Plaintiff NO.10-2244 CIVIL TERM vs. CUMBERLAND COUNTY ERIC B. CEJA <~`-" N Defendant(s) ?=~ ~:,y ~-- ~-~ (- - f-i Z NOTICE OF SHERIFF'S SALE OF REAL PROPERTY - . TO: ERIC B. CEJA ~~' { -~ ==~ .; ~= ~ . ~ 208 EDENDERRY WAY y ~A T / ~ ENOLA, PA 17025-3414 ~ ~'' ....; ='~ -~ **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 208 EDENDERRY WAY, ENOLA, PA 17025-3414 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 $258,646.00 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be 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 properly 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of--way line of Edenderry Way at the dividing line of Lot # 100 and Lot #99; thence by the eastern right-of--way line of Edenderry Way, North twenty-seven degrees four minutes seven seconds West (N 27 degrees 04 minutes 07 seconds W), twenty-four and fifty-five hundredths (24.55) feet to a point; thence by same by a curve to the left having a radius of one hundred seventy-five and zero hundred (175.00) feet and an arc length of fifty-four and forty-one hundredths (54.41) feet to a point; thence by same, North forty-four degrees twenty-five minutes fifty- nine seconds West (N 44 degrees 25 minutes 59 seconds W), five and six hundredths (5.06) feet to a point at the dividing line of Lot #98 and Lot #99; thence by line of Lot #98 North forty-five degrees seven minutes one second East (N 45 degrees 07 minutes O 1 second E), one hundred and zero hundredths (100.00) feet to a point; thence by Lot #15 now or formerly of Logans Run, Phase I, South forty-four degrees fifty-two minutes fifty-nine seconds East (S 44 degrees 52 minutes 59 seconds E), forty-eight and sixteen hundredths (48.16) feet to a point; thence by same and by Lot # 14, nor or formerly of Logans Run, Phase I, South twenty-seven degrees four minutes seven seconds East (S 27 degrees 04 minutes 07 seconds E), sixty-seven and sixty-five hundredths (67.65) feet to a point at the dividing line of Lot # 100 and Lot #99; thence by line of Lot # 100, South sixty-two degrees fifty-five minutes fifty-three seconds West (S 62 degrees 55 minutes 53 seconds W), one hundred and zero hundredths (100.00) feet to a point on the eastern right-of--way line of Edenderry Way, the place of BEGINNING. BEING Lot #99 on the Final Subdivision Plan for Logans Run, Phase N, recorded in Plan Book 83, Page 27. SUBJECT to a drainage easement and wetlands restrictions as shown on the above mentioned Final Subdivision Plan. SUBJECT to restrictions and conditions as set forth in the above mentioned Subdivision Plan. BEING THE SAME PREMISES WHICH Charter Home Building Company, a Pennsylvania corporation, record owner, & Village Home Builders, inc., a Pennsylvania corporation, equitable owner, by Deed dated April, 29, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2497, granted and conveyed unto Gene Weiand and Buffie Weiand, husband and wife, Grantors herein. UNDER AND SUBJECT to restrictions as set forth in Misc. Book 451, Page 687; Misc. Book 475, Page 657; and Misc. Book 651, Page 825. TITLE TO SAID PREMISES I5 VESTED IN Eric B. Ceja, single man, by Deed from Gene Weiand and Buffie Weiand, h/w, dated 10/28/2008, recorded 11/07/2008 in Instrument Number 200836560. PREMISES BEING: 208 EDENDERRY WAY, ENOLA, PA 17025-3414 PARCEL N0.09-14-0836-300 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2244 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO BANK SOUTHWEST, N.A., f/Wa WACHOVIA MORTGAGE FSB, Plaintiff (s) From ERIC B. CEJA (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 $258,646.00 L.L.$.50 Interest from 5/18/10 to Date of Sale ($43.11 per diem) -- $8,837.55 Atty's Comm Atty Paid $174.00 Plaintiff Paid Date: 7/9/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell;Prothonotary By. ,l~lwlr ~ ~ h2,T~ Deputy Name: ANDREW C. BRAMLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 208375 F`lL~D-OFf1C~ QF THE ~RflTNfl~iOTARY 2Uf00CT 1 S ~~;~ III 0$ CUMBER~_~.?dfl COUNTY PENS~'t1fAl~~A 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 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v. ERIC B. CEJA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2244 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 234618 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on Apri15, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 19, 2010 in the amount of $258,646.00. A true and correct copy of the Civil Court Docket reflecting the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. 5. 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 $247,709.57 Interest Through December 8, 2010 $17,711.54 Per Diem $41.29 Late Charges $120.22 Legal fees $1,300.00 Cost of Suit and Title $1,005.00 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $120.00 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $575.36 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,091.98 TOTAL $2? 1,633.67 234618 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 7, 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 "C". 10. No judge has previously entered a ruling in this case. 234618 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~ ©' ~~ ~ t c~ By: ~'I,awrence 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 ~ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234618 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 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. ERIC B. CEJA No.: 10-2244 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 234618 I. BACKGROUND OF CASE ERIC B. CEJA 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 208 EDENDERRY WAY, ENOLA, PA 17025-3414. 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 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 234618 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mort~a~e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur 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 234618 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 3UDGMENT 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 dollaz amount in the in rem judgment is for bidding at the Sheriff s 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 cleazly 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. 234618 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 Shoppin Cg, enter, 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. 234618 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 234618 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. 234618 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~ O~l~ ~ C~ By~ awrence 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 ^ 3enine 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 234618 Ex 't "A" 234618 • Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq,, Id. No. 32227 " Francis S. Hallman, 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. 817b0 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 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq:, Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 n ~ ~ ~, Chrisovalante P. Fliakos, Esq., Id. Na. 94620 ~ o Joshua I. Goldman, Esq., Id. No. 205047 ~ ~ .~°"o :. ~ ~ ~ Caurtenay R Dunn, Esq., Id. No. 206779 ~ ~' ~ t"' Andrew C. Bramblett, Esq., Id. No. 208375 ~ ~ c~ pj Q 1617 JFK Boulevard, Suite 1400 O P Pl C {C:% ~ C' ; ~ -~-r enn enter aza ne Phil hi PA 19103 d l . ~ ~ _~ ~ j rn , a, a e p ;; 215-563-7000 234618 ~. N WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A COURT OF COMMON PLEAS WACHOVIA MORTGAGE, FSB 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM Plaintiff ~i T m v. vi I NO. l0 - aa+4~ C r ERIC B. CEJA CUMBERLAND COUNTY 208 EDENDERRY WAY ENOLA, PA 17025-3414 Defendant 0~~ ~. WB..herebY true W~tr-~pbe of ~ coc~~. ~ ed of F o~~~+~~. File #: 234618 ~. ~~ 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 ar by attorney and filing in writing with the Cvurt 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 Fay a: 23a6is I. Plaintiffis WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K!A WACHOVIA MORTGAGE, FSB 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and Last known address(es) of the Defendant(s) are: ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 who is/are the mortgagors} and/or real owner(s) of the property hereinafter described. 3. On 10/30/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 2008365b1. '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(8); 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 11/01/2009 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 #: 234618 6. The following amounts aze due on the mortgage: Principal Balance $247,709.57 Interest $7,555.14 10/01/2049 through 04/01/2010 (Per Diem $41.2849} Attorney's Fees $650.00 Cumulative Late Charges $120.22 10/30/2008 to 04/01/2010 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $22 i .70 Private Mortgage Insurance Costs of Suit and Title Search ~SSn nQ Subtotal $256,836.63 Suspense Credit $0.00 Escrow Credit ($89.74) Deficit $0.00 Subtotal 89.74 TOTAL $256,746.89 7. Plaintiff is not seeking a judgment of personal liability (or an in fir, nom 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. 8. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollaz amount provided in the statute. 9. This action does not come under Act 9I of 1983 because the mortgage is FHA-insured. File!!: 234618 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $256,746.89, together with interest from 04/01/2010 at the rate of $41.2849 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLiNAN & SCHMIEG, LLP r /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 ^ Chrisoval~nte 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 Attorneys for Plaintiff File M: 234618 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Edenderry Way at the dividing Iine of Lot #100 and Lot #99; thence by the eastern right-of-way line of Edenderry Way, North twenty-seven degrees four minutes seven seconds West {N 27 degrees 04 minutes 07 seconds W), twenty-four and fifty-five hundredths {24.55} feet to a point; thence by same by a curve to the left having a radius of one hundred seventy-five and zero hundred {175.00) feet and an arc length of fifty-four and forty-one hundredths (54.41) feet to a point; thence by same, North forty-four degrees twenty-five minutes fifty-nine seconds West (N 44 degrees 25 minutes S9 seconds W), five and six hundredths (5.06) feet to a point at the dividing line of Lot #98 and Lot #99; thence by line of Lot #98 North forty-five degrees seven minutes one second East (N 45 degrees 07 minutes O1 second E), one hundred and zero hundredths (100.00} feet to a point; thence by Lot # 15 now or formerly of Logans Run, Phase I, South forty-four degrees fifty-two minutes fifty-nine seconds East (S 44 degrees 52 minutes 59 seconds E), forty-eight and sixteen hundredths {48.16) feet to a point; thence by same and by Lot #14, nor or formerly of Logans Run, Phase I, South twenty-seven degrees four minutes seven seconds East {S 27 degrees 04 minutes 07 seconds E), sixty-seven and sixty-five hundredths (67.65) feet to a point at the dividing line of Lot #100 and Lot #99; thence by Iine of Lot #100, South sixty-two degrees fifty- five minutes fifty-three seconds West (S 62 degrees 55 minutes 53 seconds W}, one hundred and zero hundredths (100A0) feet to a point on the eastern right-of-way line of Edenderry Way, the place of BEGINNING. Pile ~: 234618 BEING Lot #99 on the Final Subdivision Plan for Logans Run, Phase N, recorded in Plan Book 83, Page 27. SUBJECT to a drainage easement and wetlands restrictions as shown on the above mentioned Final Subdivision Plan. SUBJECT to restrictions and conditions as set forth in the above mentioned Subdivision Plan. BEING THE SAME PREMISES WHICH Charter Home Building Company, a Pennsylvania corporation, record owner, & Village Home Builders, inc., a Pennsylvania corporation, equitable owner, by Deed dated April, 29, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2497, granted and conveyed unto Gene Weiand and Buffie Weiand, husband and wife, Grantors herein. UNDER AND SUBJECT to restrictions as set forth in Misc. Book 451, Page 687; Misc. Book 475, Page 657; and Misc. Book 651, Page 825. PROPERTY BEING; 208 EDBNDERRY WAY PARCEL# 09-14-0836-300 File ~: 234618 VERIFICATION Jennifer G. Payne hereby states that he/she is V.P. Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis/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: J 'fe ayn DATE: 4/2/10 Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #; ?34618 Ceja Exh' 't "B" 234618 08814607212010 Cumberland County Prothonotary's Office Page 1 . PYS510 Civil Case Print 2010-02244 WELLS FARGO BANK N A (vs) CEJA ERIC B Reference Na..: Filed........: 4/05/2010 Case Type.....: REAL PROPERTY -- MORTGAGE FOREC Time.........: 1:21 LOSURE Judgment.,.... 258646.00 Execution Date 7/09/2010 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WELLS FARGO BANK N A PLAINTIFF DUNK COURTENAY R 3476 STATEVIEW BLVD FORT MILL SC 29715 WACHOVIA MORTGAGE FSB PLAINTIFF DUNN COURTENAY R 3476 STATEVIEW BLVD FORT MILL SC 29715 CEJA ERIC B DEFENDANT 208 EDENDERRY WAY ENOLA PA 17025 3414 Judgment Index Amount Date Desc C x% % U EJA ERIC B 258,646.00 09 2010 WRIT OF EXECUTION ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - 4/05/2010 COMPLAINT - MORTGAGE-FORECLOSURE BY COURTENAY R DUNN ESQ ------------------------------------------------------------------- 4/12/2010 SHERIFF'S RETURN - 4/8/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT AT 208 ENDENDERRY WAY ENOLA 17025 SHERIFF'S COST $41.50 5/03/2010 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY ANDREW C BRAMBLATT ATTY FOR PLFF 5/19/2010 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $258646.00 BY LAUREN R TABAS ESQ ---------------------------------------------------------- -------- 5/19/2010 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 5/19/2010 VERIFICATION OF NON-MILITARY SERVICE BY LAUREN R TABAS ESQ ------------------------------------------------------------------- 5/19/2010 ESQORTANT NOTICE FILED (DEFAULT JUDGMENT} BY SHEETAL R SHAH-JANI ------------------------------------------------------------------- 7/09/2010 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED - $2.50 PD ATTY - $2.00 DUE CO - $.50 DUE LL 7/09/2010 CERTIFICATION - BY ANDREW C BRAMBLETT ATTY FOR PLFF 7/09/2010 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY ANDREW C BRAMBLETT ATTY FOR PLFF ------------------------------------------------------------------- 7/09/2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*q Bal P*ytnts/Ad~ End Bal ******************************** ******** ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 08514607212010 Cumberland County Frothonotary` s Office Page 2 • PYS510 Civil Case Print 2010-02244 WELLS FARGO $ANK N A (vs) CEJA ERIC B Reference No..: Case Type.....: REAL PROPERTY - MORTGAGE FOREC Filed........ Time.........: 4/05/2010 1:21 LOSURE .... 258646.00 Judgment. Execution Date 7/09/2010 ; Judge Assigned: Disposed Desc.: Jury Trial.... Disposed Date. t 1 C i O/00/0000 ------------ Case Comments ------------- .: gher r H Higher Crt 2.: JDMT/DEFAULT 14.00 14.00 .00 WRIT OF EXEC 24.00 24.00 .00 130.00 130.00 .00 ****************,r**************~t*~~*****~x*~************************************* * End of Case Information C Exhibit «C~~ 234618 €~L6~,~aa~2 ~~ii~wq°° ati o ~ oz : ~~ og ~ ~ ~~ ~~~~~~ Sacs, ~~ ~ O ~~ i t da a Q r~j~ N d ~ Tr ~, N d 0 ~ W Off, Q °~~ Q°,, d a,~n .b 3 a ~ ~ a „ ct~ ~, w y,. A `~ vc'~ ~ W ~~~ ~ W v~ ao ~, ~ o ~ N d ~ ~ T3 d ~.a ~ a d W p ~ w U `~ ~ y m ~ ~' ~ ~ w ~~ a. ~ ~ ~ ~ '~ x ~ ~ ~. C ~ M d. v~ U L ~j .~~' .-~ N ~ ~ w .a ~.~0 i i' 3. °o, ~ ~ ~' ~ a q N ~~~~ G ~ ~ • 7 V d ~~~~ ~ .~ ~ ~¢~ :~~ G O ~~ a A ~ ~. . ~q~~ ~~~~~ ~bd~ ~~£w ~W ~~° U Q~~~-~ 'd N Vt ~v43~~ o ~°~'' .p r3 m o ~ ~ ~; j A N d `(j ~ ~ yy ~.'fl A P~ ~. .~ i O •~ ~$' ~.~ w > o~ O w ~'`~ N Q ~ O ~~~ S~ U c~+ d N ~ N q~ '~ g ~ U~ ;3{5 ~ I ~~,$~ F '5 w 0 w~ •'~ N ~~ ~~ o~ a ~~ ~ H ~'" I '~ om ~~~ s °~ N ~ ~ D r, ''. 0o a'' ~ r ,~'x` . . _ ....r ~ti 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 7, 2010 ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 RE: WELLS FARGO BANK, N.A., S!B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB v. ERIC B. CEJA Premises Address: 208 EDENDERRY WAY ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-2244 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 October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ~r is S. Hallinan, Esquire D 'el G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 234618 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 234618 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: ~4~(~~(rU By: awrence 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 234618 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 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v. ERIC B. CEJA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2244 CIVIL TERM CERTIFICATION OF SERVICE 234618 r I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 Phelan Hallinan & Schmieg, LLP DATE: ~~~ ~ By: awrence 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 ~ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234618 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevazd Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Cazlisle, PA 17013 RE: WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB v. ERIC B. CEJA CUMBERLAND County CCP, No. 10-2244 CIVIL TERM Deaz Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regazd to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, `~~ La nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 234618 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esqui~ Andrew C. Bramblett, Esquire Enclosure cc: ERIC B. CEJA 234618 WELLS FAF~GO BANK, N.A., S/B/M TO V!~'ELLS FARGO BANK SOUTHWE T, N.A., F/K/A ~ WACHOVI MORTGAGE, FSB, PLAINTIFF V. ERIC B. C~~IA DEFENDANT NO. 10-2244 CIVIL ORDER OF COURT DF' T~ E PROTHO~! TARP 2010 OCT 20 AM 9~ 26 Cllh18ERLAND COUNTY PEA~NSYLVANIA ANA NOW, this 19th day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess k~amages, IT II~ 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 November 8, 2010; 3. I~ no answer to the Rule to Show cause is filed by the required date, the relief requested fly Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made AbsQllute. 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, /Courtenay .Dunn, Esquire Attorney fol~Plaintiff ric B. Cej Defendant bas ~~ ( . II n'Ld t 1, 6F..S~ ~o/are ~~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA h. M. L. Ebert, Jr., J. i +,~;i;r.~~'•' ~.,,K. ~i~E0~01+ FiGE OF THE PROTHONOTARY 2Q10 OCT 27 A~ I1 ~ 54 CE1'MBERLA~dI) COUNTY PENNSYLYAt~IA 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 WELLS FARGO BANK, N.A., SBlM TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff v. ERIC B. CEJA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2244 CIVIL TERM CERTIFICATION OF SERVICE 234618 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 Hallinan & Schmieg, LLP DATE: 2 ~ By: ~ Lav~rence T. ~'l~elan, Esq. lc~To. 32227 ^ F 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 ^ 3aime 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 234618 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS CUMBERLAND COUNTY FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 10-2244 CIVIL TERM ERIC B.. CEJA 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 a amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/op ertified"Mail Return Receipt stamped by the U.S. Postal Service is attached heret xhibit "A: Date: ? Lawrence TZhelan, Esq., Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 ? Daniel G. Schmic-, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Janis Esq., Id. No. 81760 ? Jenine R. Davey, Esq.; Id. No. 87077 Lauren R; Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202301 Ja Jones, Esq., Id; No: 8W7 ::Ater J. Mulcahy, Esq,, Id. No. 61791 Andrew L. Spivack, tsq,, Id; No. 84439 Jaime McGuinness, Esq., Id. No. 90104 ? Chrisovalante P. Fliakos; Esq., Id. No. 94620 ? Joshua 1. Goldman,1sq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C.`Bramblett, `Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may no be sold in the absence of a representative of the plaintiff at the Sheriff's Sale.' The sale must be postponed or stayed in the event that a representative of the plaintiff is, present at the sale. PHS # 234618 Y Q U C C n OC C n F E- C 0 nn "" F as p U0 " CIJ G l. w ? F r ?b zQo ? 4?14tlW 2 I ??! A F ? ? a ? , a? l £ 0 L6 L 3?0? dfZ ?r110 99ZLG ? 5 w - v? zo 0602 6pinc r } p 'G G E0 s -t CJ ? N . t \ 120 N f _ , ?, ) ? ?- om{ .i f • ? . 3 - V 5 o? ? o V G "1' E V 0 p? V V U L F C G `? N O ti ^ N w y U v! ro . w oa ?w m w , E $ o ? E , N H w o, F-. fit.. V? G1? ^? C 0 0 00 a d a ? ? ,''v, ? ? z ,?•+ Gz7 xi rf) H W '? F ai Z 3 M d N O ?+ y+,Vl W p 44w ft! O V N ??n..M CN r 7 O O wA_a ti x+ a p H? i.t,i(=7d Q` ''? Q L ?`7W ??d •r(, n W ?y Dao d rMi a O H 3 L +O+ .y Gd m ..? f. r tn„ ? a Q H Q W a d Wti ? 3 GL ?'v??' Q y rw H'Hq x 7 ti w UWr- U W c° r" w o g n'W ?`A? ?y b =dd a v CVO >Ow Nd ?` yi n W U ? z0, " ZwCJ00 d.L Q wd'W4 Q :Y a0 "C7 0 v C x d ? CY C N ?. .mot L: d •? i L .0, p y = UE-+ Q = ? ?Y+ p ' ° o d `" zE'' W a cct Fly i. d L a? o o ? C as vt a+ ?°? °o w ? a cd a,o, pa a p O H H cc (4 ? ? g ./ W A p rn !"? p W H W^ --t ??% Cfi V , 9 - `" d W Z p a?A o.? E i. ? ? •L a L D T+ .n ai.? ?. •« ; V w .? Ad ?3? ?02 ? ?F wW ? ? d O '-'A d0 m d Q p 7 W 7 _? ? s Z WoZ f'N W o ?M m A V.+V ea O d UC.p,x C ; sa V1?+ - - R N ctl ??[rrNr? p yH V R77d Ox QUMx rs va AHG ?,?" [? a ? Hx i .5 kn cc F" i 12: 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 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff V. ERIC B. CEJA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2244 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 234618 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB, 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 October 15, 2010. 3. A Rule was entered by the Court on or about October 19, 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 "A". 4. The Rule to Show Cause was timely served upon all parties on October 26, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 234618 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 1111DI10 By: Phelan Hallinan & Schmieg, LLP Q I:a&ence T. Whelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 taniel 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 234618 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. ERIC B. CEJA Defendant No.: 10-2244 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 234618 A Motion to Reassess Damages was filed with the Court on October 15, 2010 . A Rule was entered by the Court on or about October 19, 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 October 26, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 234618 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Hallinan & Schmieg, LLP Ito DATE: By: llvhh ? Flv!aenlce T. Phelan, Esq., Id. No. 32227 is S. Hallinan, Esq., Id. No. 62695 ? el 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 234618 Exhibit "A" 234618 WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF S/BIM TO WELLS FARGO BANK CUMBERLAND COUNTY, PENNSYLVANIA SOUTHWEST, N.A., FIKlA WACHOVIA MORTGAGE, FSB, PLAINTIFF V. ERIC B. CEJA DEFENDANT NO. 10-2244 CIVIL ORDER OF COURT AND NOW, this 19m day of October, 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 November 8, 2010; 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, ?l M. L. Ebert, Jr., J. Courtenay R. Dunn, Esquire Attorney for Plaintiff Eric B. Ceja Defendant bas Exhibit "B" 234618 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 X Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., 1d. No. 61791 ., ' Andrew L. Spivack, Esq., Id. No. 8 3W V 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 FILED-OFFICE OF THE PRO i IiONOTARY 2010 ON 23 V1 H: 54 ('1 VIBERLAND COUNTY F'E NN'SYLVANIA ATTORNEY FOR PLAINTIFF A WELLS FARGO BANK, N.A., SB/M TO WELLS Coeiri of Common Pleas FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Civil Division Plaintiff CUMBERLAND County V, ERIC B. CEJA Defendant No.: 10-2244 CIVIL TERM CERTIFICATION OF SERVICE 234618 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. ERIC B. CEJA 4or 208 I DENDERRY WAY .; ENOLA, PA 17025-3 e Y'% Hallinan & Schmieg, LLP DATE: 1604hp- By; [j Lakence °C. Phelan, Esq., . o. 32227 [] F cis S. Hallinan, Esq., Id. No. 62695 Aaniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 [] Judith T. Romano, Esq., Id. No. 58745 [] Sheetal R Shah-Jani, Esq., Id. No. 81760 [] Jenne R. Davey, Esq., Id. No. 87077 Q Lauren R. Tabas, Esq.; Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 F Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spiv#ck, Esq., Id. No. 84439 Cj Jaime McC? Tess, Esq., Id. No. 90134 Chris Cite P. Fliakos, Esq., Id. No. 94620 JOT0 " Goldman, Esq., Id. No. 205047 `] b nay R. Dunn, Esq., Id. No. 206779 [] Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234618 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. Hallinan & Schmieg, LLP DATE: By: - a I i nl@ - LJ Lawrence 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett , Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234618 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 1. 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 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff V. ERIC B. CEJA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2244 CIVIL TERM CERTIFICATION OF SERVICE 234618 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 Phelan allinan & Schmieg, LLP DATE: By: I/ / - ? awr nce T. Phelan, Esq., Id. No. ? F ancis 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 ATTORNEY FOR PLAINTIFF 234618 V t s 1LED-OI" I` ICE C`E THIE- PR0TH0N0TARY 16 Pty 2: 35 CUMBERLAND COUNTY PENNSYLVANIA NOV 15 ZU1U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Civil Division Plaintiff CUMBERLAND County V. ERIC B. CEJA Defendant No.: 10-2244 CIVIL TERM ORDER AND NOW, this day of M 0q , 2010, upon consideration of Plaintiffs 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 $247,709.57 Interest Through December 8, 2010 $17,711.54 Per Diem $41.29 Late Charges $120.22 Legal fees $1,300.00 Cost of Suit and Title $1,005.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $120.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $575.36 234618 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,091.98 TOTAL $271,633.67 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. BY THE COURT J. 234618 (lipi-es matcccc? P 234618 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson .`i- Sheriff Jody S Smith Chief Deputy ' + - ,, - - Richard W Stewart Solicitor - Wells Fargo Bank, NA Case Number vs. Eric B. Ceja 2010-2244 SHERIFF'S RETURN OF SERVICE 10/08/2010 01:30 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Octobe 8, 2010 at 1330 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Eric B. Ceja, located at 208 Edenderry Way, Enola, Cumberland County, Pennsylvania according to law. 10/11/2010 06:47 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2010 at 1330 hours, she 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: Eric B. Ceja, by making known unto Noline Edmond, girlfriend of defendant, at 208 Edenderry Way, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/14/2010 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 December 8, 2010 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Wells Fargo Bank, N.A. s/b/m to Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage FSB located at 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of $772.44. SHERIFF COST: $772.44 December 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Koo jod `&'Z' a.190 t4od. /?'- ,;) Z.?-/ ' y S3S22 9c1 {_'. -aJI' II'G. WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB Plaintiff V. ERIC B. CEJA Defendant(s) PHS # 234618 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB, 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 208 EDENDERRY WAY, ENOLA, PA 17025- 3414. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC B. CEJA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 208 EDENDERRY WAY ENOLA, PA 17025-3414 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) DAVID RICKER AND TIMOTHY BLACK 3631 NORTH FRONT STREET C/O DOUGLAS K. MARSICO, ESQ. HARRISBURG, PA 17110 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) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2244 CIVIL TERM CUMBERLAND COUNTY None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 208 EDENDERRY WAY ENOLA, PA 17025-3414 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6"n FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. /0 June A 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 ? 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 H'A'T enay R. Dunn, Esq., Id. No. 206779 w C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO COURT OF COMMON PLEAS BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB : CIVIL DIVISION Plaintiff : NO. 10-2244 CIVIL TERM VS. : CUMBERLAND COUNTY ERIC B. CEJA Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC B. CEJA 208 EDENDERRY WAY ENOLA, PA 17025-3414 "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 208 EDENDERRY WAY, ENOLA, PA 17025-3414 is scheduled to be sold at the Sheriffs 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 $258,646.00 obtained by WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORTGAGE, FSB (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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2244 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO BANK SOUTHWEST, N.A., f/k/a WACHOVIA MORTGAGE FSB, Plaintiff (s) From ERIC B. CEJA (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 $258,646.00 L.L.$.50 Interest from 5/18/10 to Date of Sale ($43.11 per diem) -- $8,837.55 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Plaintiff Paid Date: 7/9/10 (Seal) REQUESTING PARTY: Other Costs David D. Buell, Prothonotary By: ?f i- 'e'- AVA/ ? ?` Deputy Name: ANDREW C. BRAMLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 The Patriot-News Co. 2&0 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss the Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10122/10 10/29/10 ByvinodisW*adt *.ZM CWTM 1o wsu s N-46, FI%!A< FMC&CM F401 ?'t 2IIB:rr,'I? t7?9tf 34;4 F&-mi kit. U9 I4 ' DRi JUDC'slf?Nl )er, 2010 A. D. PA 17013 i :!!an s scribed be?b Notary Public COMMONWEALTH OF PENNSYLVANIA Sherrie L Klsrrer, Notary Public Lower Paxton TWp., Dauphin County r Membe, Pennl Association of Notaries 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: October 22, October 29, and November 5, 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. _)DkI.?L_ ?"__ ('?_ iMarie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public OARLIILI BOROUGH, CUMBERLAND COUNTY My 06mmiaalon Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2244 Civil Wells Fargo Bank, NA, S/B/M to Wells Fargo Bank Southwest, N.A. F/K/A Wachovia Mortgage, FSB VS. Eric B. Ceja Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-2244 CIVIL TERM, WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO BANK SOUTHWEST, N.A., F/K/A WACHOVIA MORT- GAGE, FSB vs. ERIC B. CEJA, owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumber- land County, Pennsylvania, being 208 EDENDERRY WAY, ENOLA, PA 17025-3414. Parcel No. 09-14-0836-300. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $258,646- .00. 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A SBM Wells Fargo Bank Southwest N A FKA Wachovia Mortgage FSB is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of Jam, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 2244, at the suit of Wells Fargo Bank N A SMB Wells Fargo Bank Southwest N A FKA Wachovia Mortgage FSB against Eric B Ceia is duly recorded as Instrument Number 201101091. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Qe, A.D.Z° 1 _ corder of Deeds Powderd0ekk Ca M%COftFA MyQ=ft"Bq neftFiatMon*dJen2M