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HomeMy WebLinkAbout10-2470Phelan Hallinan & Schmieg, LLP n ; Lawrence T. Phelan, Esq., Id. No. 32227 T y i 7; Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Lu f u tl. '; 3'i 2: Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 metal 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 235275 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ib -.2410 0,'411 Term CUMBERLAND COUNTY OS 44a.co pp A-nry e0 4'Vsyq 2,'f ay o4 8 a File #: 235275 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 #: 235275 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN BROKERS CONDUIT which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1953, Page 2337. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 #: 235275 6 The following amounts are due on the mortgage: Principal Balance $167,706.19 Interest $5,462.84 11/01/2009 through 04/13/2010 (Per Diem $33.31) Attorney's Fees $650.00 Cumulative Late Charges $237.40 05/22/2006 to 04/13/2010 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $550-00 TOTAL $174,636.43 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vac nt and ahandoned. File #: 235275 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $174,636.43, together with interest from 04/13/2010 at the rate of $33.31 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 LJ Lawrence T. PhelX,, 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 ? rth 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 Attorneys for Plaintiff File k: 235275 w LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to with: BEGINNING on the Southern side of Westview Drive a sixty (60) foot wide street at the Western edge of Lot No. 77; thence South thirty-three (33) degrees seventeen (17) minutes fifty- one (51) seconds East a distance of one hundred fifty and twenty-four hundredths (150.24) feet to a point at Lot No. 67; thence South sixty (60) degrees forty-four (44) minutes twenty-two (22) seconds West a distance of one hundred thirty-seven and twenty-nine hundredths (137.29) feet to a point at Lot No. 75; thence North thirty (30) degrees thirty (30) minutes twenty-one (21) seconds West a distance of one hundred forty-three and ninety-one hundredths (143.91) feet to a point on the Southern edge of Westview Drive; thence to the right by an arc or curve to the left having a radius of two thousand six hundred sixty-seven and seventy-seven hundredths (2,667.77) feet an arc distance of one hundred thirty (30) feet to a point of Lot No. 77, said point being the place of BEGINNING. BEING Lot No. 76 of Monroe Acres as shown on Section'C', in accordance with a survey by Larsen & Brilhart, Inc., Registered Surveyors, dated March 10, 1971, and recorded in Plan Book 22, Page 97. IT BEING the same premises which SEWALT, INC., a corporation, by deed dated April 19, 1973 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, File #: 235275 Pennsylvania, in Deed Book C25, page 791, granted and conveyed unto William R. Weigle and Gloria B. Weigle, his wife, Grantors herein. PROPERTY BEING; 207 WESTVIEW DRIVE PARCEL# 22-29-2463-051 File #: 235275 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. DATE: L) Attorney for Plaintiff File #: 235275 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~it4, Qt 4u+r~ti~~,~~~~~ s _: ,4 ~~ ~~ j<, QFF .;E -;G Fh- c..c~1Fr ~I I-.,.,. 1^ .~,~.r Jody S Smith Chief Deputy Edward L Schorpp Solicitor Z~I~~~~'~~~ -~ Fig 2~ [~ Cit ~~v`~ ~~}~'( ~~.. t ! , _ US Bank National Association vs. William R. Weigle Case Number 2010-2470 SHERIFF'S RETURN OF SERVICE 04/15/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William R. Weigle, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/20/2010 Dauphin County Return: And now April 20, 2010 at 0829 hours I, Jack Lotwick, Sheriff of Dauphin County Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William R. Weigle by making known unto himself personally, at 5270 Winding Way, Harrisburg, PA 17109 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William R. Weigle, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William R. Weigle. Request for service at 207 Westview Drive, Mechanicsburg, PA 17055 is vacant. SHERIFF COST: $51.00 May 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CaiuitySuite Sheriff. Teleoso`i. Irc. In The Court of Common Pleas of Cumberland County, Pennsylvania US Bank National Association vs. William R. Weigle 5270 Winding Way Harrisburg, PA 17109 Civil No. 2010-2470 Now, April 15, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ UShentt of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a copy of the original. and made known to So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE. AFFIDAVIT the contents thereof. County, PA {.,~,, ,,<, ~M~O: 36 ~,,~ . (.t~ i~]yt Ll.i h ( - ', i~`i y tI ClJ1V ._r.,. i ~r~.I 1~ C - ~ __d ~ t r ~i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 vs. WILLIAM R. WEIGLE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2470 CIVIL TERM ~'iti .oo ~i~L ~( CK~ ~ss~l3 ~.,~~.,~~ CSC, 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 WILLIAM R. WEIGLE, 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 $174,636.43 Interest - 04/14/2010 to 05/27/2010 $1,465.64 TOTAL $176,102.07 I hereby certify that (1) the Defendant's last known address is 5270 WINDING WAY, HARRISBURG, PA 17109-6343, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire ,L ~9S- ~'rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~ ~G~~%~-~_ PHS # 235275 PROTHONOTARY 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2470 CIVIL TERM vs. WILLIAM R. WEIGLE 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 WILLIAM R. WEIGLE is over 18 years of age and his last known residence is 5270 WINDING WAY, HARRISBURG, PA 17109-6343. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U~-~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~ F ancis 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 (Rule of Civil Procedure No. 236) -Revised US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO LASALLE BANK NATIONAL . ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 CIVIL DIVISION vs. WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 No. 10-2470 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on BY~ ~ ~ . If ou have an uestion y y q s concerning this matter please contact: ^ wrence 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 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v WILLIAM R. WEIGLE Defendant(s) TO: WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 DATE OF NOTICE: May 11, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2470 CIVIL TERM CUMBERLAND COUNTY THIS FIlZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 RIGHTS. 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. PHS # 235275 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: L Brice T. Phelan, sq., Id. No. 32227 Fr cis S. Hallman, sq., Id. No. 62695 Da iel 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. 8707 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 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235275 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-1 I Plaintiff v WILLIAM R. WEIGLE Defendant(s) TO: WILLIAM R. WEIGLE 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 DATE OF NOTICE: May 11, 2010 COURT OF COMMON PLEAS CNIL DIVISON NO. 10-2470 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A pEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 RIGHTS. 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. PHS # 235275 ' 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 ELIGBLE 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: La ence T. Phelan, Es ., Id. No. 32227 Fr n is S. Hallinan, Es ., Id. No. 62695 Da el G. Schmieg, Esc., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 60 Jenine R. Davey, Esq., Id. No. 870 7 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235275 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO COURT OF COMMON PLEAS BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS CIVIL DIVISION TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006- 11 NO. 10-2470 CIVIL TERM Plaintiff CUMBERLAND COUNTY WILLIAM R. WEIGLE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/28/2010 to Date of Sale ($28.95 per diem) TOT® s ~a4, oo P n ATE sI. oo e~ qa. oo ~~ li'F . 00 " a. so M 183.50 -Pu h'1Tl $d.oo QuE t?p • 50 W., C~ ~ ~~ o ~a $176,102.07 , ; ~l ~ ~ ~~ ~~ 5 645.25 'p - ._~~. .. -, .~M: ~' $181,747.32 G Attorne for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 235275 ~* gt6~'7~f'1 2'~ ay t~~y ~~E ~ w O Q w a a O 0 O Q a W a O W U a d z 0 H~ ed zz UO ~~ V ~O ~' d O 'Y' ¢ , . Q "'r. oQ`°. ~.z~ Wz~ H a ~~ Ham o~ wad V~~ H QCw70 zW~ omz ~aQ av~ z~°Y~1 O ~„i !-y Z O O _ x4w~ dV~a ~o~ ~dH > O U w w o a ~^ ~ y Q b ~r w Q a w 3 ~ i 0 0 ~1 GD 0 -o i. M N ~ ~ M ~ ~ ~ ~ ~ o 8 a ~, V ¢ ~.~3a ~~ 3 ~~~ ¢3~' ,~ ,,~`~ O ¢ 3~~ N N O~ p 00 h ~ "" M ~ ~ ~ p M N N~~~~ M M O~ ~. z G p N ~p ~D G pp p M N ~'. 50; ~ y N N.: 0. p„i O O GZ~zo~oO+N,~`O O O~ p O~ "'~~'~ti~z~zz o~ ozz ~^z~~ ,~ z~zbbW.~b uJ swww'° ~'•~cd~y'v °•'ww ~ww~ y ~ ~ c~O ~ b O ti w w tV d" w ~ ~ G7r O ~ .O ~yn tC~~+ a.+ 0~ .T.: ' ~ ~" L ~ .L' N R ~ h ~ ~ Q"' G Q td a- ~ ,fl w.~." ~ v L •~c ~~oa8.o~~~~.~cn'~°Y'c cn ~ W L • U ~ .3 : a~'"~+ N . ~ L' N ~ ~ ice-. ~ N ~ ~',,, i~-~ w ¢ a ^^^^^^^^^^^^^^^^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2470 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION c ~ T The undersigned attorney hereby states that he/she is the attorney for the Plaintiff ill abc~ue ca~ttmed matter and that the premises are not subject to the provisions of Act 91 because: - a ~=' ' ' u, ( ) the mortgage is an FHA Mortgage ' _~ ~~_ ( ) the premises is non-owner occupied '~~ :-_' :: - (X) 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. ~ cN 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 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant(s) PHS # 235275 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11, 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 207 WESTVIEW DRIVE, MECHANICSBURG, PA 17055-5757. 1. Name and address of Owner(s) or reputed Owner(s): n ~' Name Address (if address cannot be reasonably ~„ ~-' ~' -~ ascertained, please so indicate) ~=} =~ {~;' --, ,~, WILLIAM R. WEIGLE 5270 WINDING WAY _ c-~ , HARRISBURG, PA 17109-6343 ``f •Yi 2. Name and address of Defendant(s) in the judgment: ..~ ._. Name Address (if address cannot be reasonably s ` ` ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 MERS, INCAS A NOMINEE FOR AMERICAN P.O. BOX 2026 BROKERS CONDUIT FLINT, MI 48501-2026 AMERICAN BROKERS CONDUIT 538 BROADHOLLOW ROAD MELVILLE, NY 11747 AMERICAN BROKERS CONDUIT BLUE STONE SETTLEMENT GROUP, LLC 2 WEST LAFAYETTE STREET, SUITE 325 NORRISTOWN, PA 19401 341 N. SCIENCE PARK ROAD, SUITE 205U STATE COLLEGE, PA 16803 COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2470 CIVIL TERM CUMBERLAND COUNTY 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 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 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 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 GMAC MORTGAGE, LLC 3451 HAMMOND AVE MAIL CODE 507-345-186 WATERLOO, IA 50702 MERS, INC. AS A NOMINEE FOR P.O. BOX 2026 GMAC MORTGAGE, LLC FLINT, MI 48501-2026 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. June 28, 2010 y 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 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR COURT OF COMMON PLEAS TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE CIVIL DIVISION BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 NO. 10-2470 CIVIL TERM Plaintiff CUMBERLAND COUNTY vs. e? c ~, ;-r WILLIAM R. WEIGLE ~ ~ ;~_= =', -~' Defendant(s) ~ t -`' c., i t=~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `-~, " . ; ~ _~. TO: WILLIAM R. WEIGLE WILLIAM R. WEIGLE .:~ ~ ~ -~ 5270 WINDING WAY 207 WESTVIEW DRIVE "` ~ `p HARRISBURG, PA 17109-6343 MECHANICSBURG, PA 17055-5757 * *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 207 WESTVIEW DRIVE, MECHANICSBURG, PA 17055-5757 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 $176,102.07 obtained by US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to with: BEGINNING on the Southern side of Westview Drive a sixty (60) foot wide street at the Western edge of Lot No. 77; thence South thirty-three (33) degrees seventeen (17) minutes fifty-one (51) seconds East a distance of one hundred fifty and twenty-four hundredths (150.24) feet to a point at Lot No. 67; thence South sixty (60) degrees forty-four (44) minutes twenty-two (22) seconds West a distance of one hundred thirty-seven and twenty-nine hundredths (137.29) feet to a point at Lot No. 75; thence North thirty (30) degrees thirty (30) minutes twenty-one (21) seconds West a distance of one hundred forty-three and ninety-one hundredths (143.91) feet to a point on the Southern edge of Westview Drive; thence to the right by an arc or curve to the left having a radius of two thousand six hundred sixty-seven and seventy-seven hundredths (2,667.77) feet an arc distance of one hundred thirty (30) feet to a point of Lot No. 77, said point being the place of BEGINNING. BEING Lot No. 76 of Monroe Acres as shown on Section'C', in accordance with a survey by Larsen & Brilhart, Inc., Registered Surveyors, dated March 10, 1971, and recorded in Plan Book 22, Page 97. TITLE TO SAID PREMISES IS VESTED IN William R. Weigle, by Deed from William R. Weigle and Gloria B. Weigle, h/w, dated 03/07/2001, recorded 03/09/2001 in Book 240, Page 748. PREMISES BEING: 207 WESTVIEW DRIVE, MECHANICSBURG, PA 17055-5757 PARCEL N0.22-29-2463-051 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2470 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Successor Trustee to BANK OF AMERICA, NATIONAL ASSOCIATION, (successor by merger to LASALLE BANK NATIONAL ASSOCIATION) as Trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11, Plaintiff (s) From WILLIAM R. WEIGLE (1) You are directed to lery 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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $176,102.07 L.L. $.50 Interest from 5/28/10 to Date of Sale ($28.95 per diem) -- $5,645.25 Atty's Comm Atty Paid $183.50 Plaintiff Paid Date: 8/5/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. uell, Prothonotary By: Deputy Name: JAIME McGUINNESS, 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. 90134 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY Flr? ??/ US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, PHS # 235275 (SUCCESSOR BY MERGER TO LASALLE BANK ASSOCIATION) AS NATIONAL TRUSTEE FOR MORGAN STANLEY g n ?> MORTGAGE LOAN TRUST 2006-11 V DEFENDANT SERVICE TEAM/ kxc ?Mg YIVANiANtY WILLIAM R. WEIGLE COURT NO.: 10-2470 CIVIL TE SERVE WILLIAM R. WEIGLE AT: TYPE OF ACTION 5270 WINDING WAY XX Notice of Sheriff's Sale HARRISBURG, PA 17109-6343 SALE DATE: 12/08/2010 SERVED Served and made known to WILLIAM R. WEIGLE, Defendant on the 10 day of, Jet , 2010, at $ a?O , o'clock C. M., at lnr a? t in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height 6 t 'I't Weight 2)j) Race (ti Sex _ Other 1,Gnb+r51G bi`.?t+?t> 4A,, ; a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 2OLTr Notar l By: D-)- -4 1 NOT SERVED On the _ day of , 20_, at o'clock M., Defendant NOT FOUND because: Vacant Bad Address Moved -Does Not Reside (Not Vacant).. No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of , 20 By: Notary' ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Fronds S. Hallman, Esq., Id. No. 62695 Daniel G. Schndeg, Esq., Id. No. 62205 NOTARIAL SEAL Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Joni. Esq., Id. No. 81760 JAMES E OSBORNE Jentne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Notary Public Vivek Srivastava, Esq., Id. No. 2202331 WEISSPORT BORO., CARBON COUNTY My Commission Expires A r 29 2013 PJayeter r J. . M A1uleahy, salty Fs Id sq., Id. R Noo.. 61791 Andrew L. Spivack, Esq., Id. No. 84439 p , Jaime McGuinness, Esq., Id. No. 90134 Chrivtva]ante P. Fliakos, Fsy., ld. No. Y46211 Jodma I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Md., Suite 140() Philadelphia, PA 191031814 (215) 563}70181 ~, .... _ 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant ~~~.~'~i= FiCE THE F'RflTHONOTARY Fa S 0 E~CT { 8 P~ 2~ 13 CUNiS"RLANO COUiaT'Y PENl~SYt,YANiA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 235275 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 April 14, 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 28, 2010 in the amount of $176,102.07. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $33.31 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits $167,706.19 $13,424.45 $237.40 $1,675.00 $957.25 $0.00 $2,155.91 $95.00 $0.00 $0.00 ($0.00) 235275 Escrow Deficit $0.00 TOTAL $186,251.20 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 Plaintiffl s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing aze attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 235275 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~~ ~ (~ ~~C~ By; t~~'"~~~~-D~~ ^ 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. $4439 '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 235275 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 235275 I. BACKGROUND OF CASE WILLIAM R. WEIGLE 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 207 WESTVIEW DRIVE, MECHANICSBURG, PA 17055-5757. 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 Mortga a Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988}. The 235275 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003}. Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 2$2 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 bn 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 235275 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes cleaz that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage 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. 235275 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attomey's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savin~Ls and Loan Association v. Street Road Shop~ng_Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 235275 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 235275 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. 235275 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~~ ~ (5 ~(V By: (' ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 235275 1~ ~~ Exhibit "A" 235275 Phelan Hallinan & 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. 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. Bnamblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 235275 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 Defendant ATTORNEY FOR PLAINTIFF ~ ~ ~ N ~ ~. ; `~ c~ ~ '~ ' ti3 .' ~ _ ~ r ~ , ,t; _ rti =z ~ c~ C`' 2': t ' ~ ^1 _' : ' om: D ~, ~ ~ .:: r ~ +:-~; :~' tv COURT OF COMMON PLEAS CIVIL DMSION TERM NO. 10 ` x470 Cwi 1 ~+~1'I~I CUMBERLAND COUNTY f`iViT. ACTInN - ~.AW f'nMPi.AiNT iN MnRT(YA(YF FnRFC'i.{Z,jTRF. l~Ve hereby , withj~ to be a t~ the. ~~ ~orre~ ~ e ~'~7'ORMEY FILE COP'~l ortgfnal filedQfre e .,E,~~E -R.~1~'l~~ carry File #: 235275 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. Yau 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 #: 235275 1. Plaintiffis US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) axe: WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN BROKERS CONDUIT which mortgage is recorded. in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1953, Page 2337. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 #: 235275 6. The fallowing amounts are due on the mortgage: Principal Balance $167,706.19 Interest $5,462.84 11/01/2009 through 04/1302010 (Per Diem $33.31) Attorney's Fees $650.00 Cumulative Late Charges $237.40 05/22/2006 to 04/13/2010 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $SS.i1.0Q TOTAL $174,636.43 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in }~exsanam 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 attemgt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are yncant and ahandnn~. Filc #: 235275 WHEREFORE, Plaintiff demands an in rem judgment against the Defendantts) in the sum of $174,636.43, together with interest from 04/13/2010 at the rate of $33.31 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 HALLIN/A~N & SCHMIEG, LLP n /..L. . ^ Lawrence T. Phela`3~ 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 ~^ ith T. Romano, Esq., Id. No. 58745 L~J Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R Davey, Esq:, Id. No. 8707? ^ Lauren R Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. Nv. 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 Attorneys for Plaintiff File #: 235275 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to with: BEGINNING on the Southern side of Westview Drive a sixty (60) foot wide street at the Western edge of Lot No. 77; thence South thirty-three (33) degrees seventeen (17) minutes fifty- one (51) seconds East a distance of one hundred fifty and twenty-four hundredths (150.24) feet to a point at Lot No. 67; thence South sixty (60} degrees forty-four (44) minutes twenty-two (22) seconds West a distance of one hundredthirty-seven and twenty-nine hundredths (137.29) feet to a point at Lot No. 75; thence North thirty (30) degrees thirty (30) minutes twenty-one (21) seconds West a distance of one hundred forty three and ninety-one hundredths (143.91) feet to a point on the Southern edge of Westview Drive; thence to the right by an arc or curve to the left having a radius of two thousand six hundred sixty-seven and seventy-seven hundredths (2,667.77) feet an arc distance of one hundred thirty (30) feet to a point of Lot No. 77, said point being the place of BEGINNING. BEING Lot No. 76 of Monroe Acres as shown on Section'C', in accordance with a survey by Larsen & Brilhart, Inc., Registered Surveyors, dated March 10, 1971, and recorded in Plan Book 22, Page 97. IT BEING the same premises which SEWALT, INC., a corporation, by deed dated April 19, 1973 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Filt H: 235275 Pennsylvania, in Deed Book C25, page 791, granted and conveyed unto William R. Weigle and Gloria B. Weigle, his wife, Grantors herein. PROPERTY BEING; 207 WESTVIEW DRIVE PARCEL# 22-29-2463-051 Filt q: 235275 VERIFICATION Helen Belton ,hereby states that he/she is v.r. Loan Docununtation of, AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff in this matter, US ' BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, {SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4/1 S/10 • Name: Helen Belton Title: V.P. Loan Documentation Servicer: AMERICA'S SERVICING COMPANY File #: 235275 Name: WEIGLE 11 1~ Exhibit "B" 235275 FIC~t)~~~ti~,~i:.~ ~DIOr~r~Y 2~ ~~j 10~ 3! ~ENCvS`n.V;~ti!A Phelan Hallman 8c Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. Na. 62205 Michele M. Bradford, Esq., Id. No. 69$49 Judith T. Romano, Esq., Id. No. 5$745 Sheetal R. Shah-Jani, Esq., Id No. $1760 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. $4439 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 Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US.BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 vs. WILLIAM R. WEIGLE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10 2470 CIVIL TERM ~~cae'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 WILLIAM R WEIGLE, 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 $174,636.43 Interest - 04/14/?A10 to 05127fZ010 51,465.64 TOTAL 5176,102.07 I hereby certify that (i) the Defendant's Last known address is 5270 WINDING WAY, HARRISBURG, PA i 7 i 49-6343, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire 9 o~Francis S. Hallinan, Esquire ~2 b `~ Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Sari, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IlVDICATED. DATE: pxs # z3sa~s PROTHONOTARY .:. 1~ Exhibit "C" 235275 '~_~~ ~OL6L 300~dIZ 9~ZL~Zb000 0-.OZ 801 WL ZO ozCj' z~ $ c a ~° s3MOe®®i~~~ ; ~ ^i ~~~ ~ .. ~~~~ A.~ ^!'j ~] u >+ S ~ 3 w a ~ a; z a ~ z ~~ 3 '~ y O r ~ ~ ~ ril ~ ~ ~ ~ s~ r%, h L Z ~ o h ~, ~ ^O 3 '~ ~¢ a. U ,sy`d, G 4 as ~.a a, ~ ~ a ~~a z 3 z `` ~ M N a ~, 'v d 8•`v~ 5 al b w+ ..~ d a 3 N x a .-.Ini 1.... ~~ ~._ ~._ ~$ ~ ~~~~ ~~~~ ~~~~~ ~~~~~ x~•~~ H .p ~ .~ ~~ ° ~~ ~WC° 0 0 v~ N ~~ T~ p ~ O. O C~g .p ~ 6 S~ 'o C 5~'Ey ~'~ y ~ `~w 'fl ~ o 0 ~ ~~o c '^ C E ~ H ~ p 3 o ~ w ~ Vp ~ O y L o A 0 ~ A d a'~ ~~ °'l•.= o ,m, ~ ~ , E w ~oc .°n G `'~. 0 0 o g a _ v ,fir ~~~~~ ~~ $ ~ ~ ~ ~ ro ~ o v~ ~ ~ ~~~ m $$ ~~5'wo~G '5 .~ x a ~~ 0 a a°w ~~ o ~" z~ o~ ~a oT ~s z ~' ~~ n N M N Q PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 8, 2010 WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 RE: US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) A5 TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 v. WILLIAM R. WEIGLE Premises Address: 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 10-2470 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 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly Yours, L nce T. Phelan, Es wire Fr is S. Hallinan, Esq ire Daniel G. Schmieg, Esq 're Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire ~'t5~75 Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 235275 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 y~~~u~~. DATE: ~' ~ Jr' (~ By: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 235275 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. Duren, 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM CERTIFICATION OF SERVICE 235275 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. WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 DATE: ~ ` ~~ s (~ By: WILLIAM R. WEIGLE 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 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. 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. 40134 ^ 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 235275 ` ~ ~ OCT 19 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff v. WILLIAM R. WEIGLE Defendant RULE AND NOW, this Z~ N day of 6th L•+'- Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM o Zr ~ ~, -.y rv ~~ O ~4 ca ars A ~ ~ _zd _~ c ~~ n~ -- °~ --~ o b 2010, a Rule is entered upon the De`~end ~t to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~~ 1~r~ . 2 e ~~ Rule Returnable , 1e,1?en~. I ~ ~' n'1~1, . l ~Sc;c~ ~ . Gc~e.~~ (~ ~a/a ~ f ~v BY THE COURT ~~ J. 235275 L 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 L 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 19'103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FORMORGAN STANLEY MORTGAGL LOAN TRUST 2006-11 Plaintiff V. WILLIAM R? WEIGLE Defendant ATTORNEY FOR PLAINTIFF Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM CERTIFICATION OF SERVICE 235275 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 29, 2010 was sent to the following individual on the date indicated below. WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 DATE: ? ? -- ? - ( WILLIAM R. WEIGLE 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 Phelan Hallinan & Schmieg, LLP ,.gym 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. Spiuack, 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 235275 OR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff, v. WILLIAM R. WEIGLE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-2470 CIVIL TERVT '; r-- C:V AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: C_- ,1 F-? rv As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailin ( rm 3817) and/or Cer {fed Mail Return Receipt stamped by the U.S. Postal Service is tac ed hereto Exhibit " ?? a rence Y. Phelan, Esq., . No. 32227 ra cis S. Hallinan, Es d. No. 62695 ? a *el G. Schmieg, Esq., Id. No. 62205 ? i ele M. Bradford, Esq., Id. No. 69849 ? J h T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., 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, 1?sq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff !"? ._, i C_*1? rn IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Date: PHS # 235275 r .1 £ O l8 L WOO d1Z WO21zl 031vyv w o6ot otvnv 9suatpo o ~ a8L T0 r?rowr axNiw wiwro? N u' S o a? ?.a N?90d Vv VV '? two N o a o ... o O N .+ pN ?? ? ? eM 0 N W r ? ?o A O c. en o W cL 6; CIA U1 a d fWA N a ;1 ? d c,o ?? .I ?~,.Otr? aW ?av x V >? d°o b? .aW.NOO ,,,4 z a3., h ooh>r dwpW Od.tid ?t .s ,? v, OG xa o o W A• a O > V us W > A. U 0 M ??" .. ao+ ?o?+ ?egjN o;?ar ?dG1dyW?Ert"C??li ?VeCF'N°Q4 d cn ZaV ono. ?? a'"u+ r ao$? VZ V r-a Z..1V? OG'.AGaa..u su' ?r^ d p DG w e ..? ,r +w ..K c w p ?. d t. ~ O W w V x OG W d Wao O r7 U O ..aa dd > ?d ? V W ca ?-"e'p,, ?di ry?W w..•.+ Q r+??F.V? W `p?r'?, UO ti°' oV„'j w oa y,rp 'di yr+ ti s C ?Zrj eCUdc?OtX,pGd?': O 47 ,d-00O Iyl ato W' ,? WHO jkj p+ o U w w ,.a F" C? w. mu, <E., ?? o oa`n ? v d -lug d•,E"??*? x WGa.v? ?*zVas=.?G x? v ?? v o S04 w ????N o?s?a 30U?zdFO caHWa3 '3: cw Ezr-W oZ a0 ea ?3pwez?V''' l' a?ppa?.ZFN`?A ? v .C7 ? .r ae ? Z % * x U # o v N S ¢o A p?lC1?L1?iN1 ?. r Oo da vi Zy 000 v E0?84 any g5ZL vji ZO ` ia O ? OZ 0 N "YjgrJd '?dyy ? ? ? $ ay ? ? .n? u O U <p C S O b W ? ? o p M g-.`: O ?>,< 44 W O ... cn O O c ?? ??W O w ? 064 ca CPU) r4 "A dt}a d ?+ c?riW7+rX d 6d"?''i?'L 3 ?y uVd `"??"O?UV`cHi?~w?Wa00 ? W oc # # N .ice'"...-....... s 0 L 6 L 3000 atz WONA 03jjvw OLOZ 50ACN 99ZLLZb000 oz9 * zo $ M z 0 _ 53M09 AD411! ' " V 37 , N ? ? y C 5 boa 5'??y .. T n v? 1 ? rl ? ? I = , i . ? m J Q ? b N - 0 tO ? "' y " u E' C ? R K F W E a A , U N t^ ? ^ro w E E ? u v v d o °? C p U ? p O -O O vi J o o d o cn °. a ^ C O T'- U C ?n ?o F O ,. C C .G .`. y rl N o ? ?c,n W N u ? ? ? c d E ••- ! go w , v c x (fir ^r ? v :? P G M O H ? 'C Q w w ? m a? w O w aY C""? a c U Fd a v F- a OC ?o cC) OUnon ?? ?xW x?wv V ? ? ?„ cL F cL U ce c? o < od 3 U?,m C-1 Vv) Nb `!z Qx?z d?0 1 ? -6 8 w `n C7, U4CGQ?u;<t 0 ACf -- . d Q c Q <4 aS G 0. ^t7 V x V V d V ?o `j o ? '4 m?" x FE° ? ? ?s o?? z 3 cnWun I> .D -% .x .x q is # x -x do .x •X v ? -x -x * * ? -X • •x ? •x -x •z c .x -x -z -z •x -x -x ? -x -x ac -x a> x •x o T O V - - J` -v ? Q a v F v, co V y= E - p .-. N M '?' en -4!r r- 00 !LL C) C4 w C US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff V. WILLIAM R. WEIGLE Defendant(s) PHS # 235275 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11, 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 207 WESTVIEW DRIVE, MECHANICSBURG, PA 17055-5757. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WILLIAM R. WEIGLE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 5270 WINDING WAY HARRISBURG, PA 17109-6343 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 MERS, INC.AS A NOMINEE FOR AMERICAN P.O. BOX 2026 BROKERS CONDUIT FLINT, MI 48501-2026 AMERICAN BROKERS CONDUIT 538 BROADHOLLOW ROAD MELVILLE, NY 11747 AMERICAN BROKERS CONDUIT BLUE STONE SETTLEMENT GROUP, LLC 2 WEST LAFAYETTE STREET, SUITE 325 NORRISTOWN, PA 19401 341 N. SCIENCE PARK ROAD, SUITE 205U STATE COLLEGE, PA 16803 COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2470 CIVIL TERM CUMBERLAND COUNTY 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) DILLSBURG AREA AUTHORITY DILLSBURG AREA AUTHORITY C/O WILLIAM D. SCHRACK, III, ESQ. SCHRACK LAW OFFICES 98 WEST CHURCH STREET DILLSBURG, PA 17019 124 WEST HARRISBURG STREET DILLSBURG, PA 17019 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM GMAC MORTGAGE, LLC 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 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 6T11 FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 3451 HAMMOND AVE MAIL CODE 507-345-186 WATERLOO, IA 50702 MERS, INC. AS A NOMINEE FOR P.O. BOX 2026 GMAC MORTGAGE, LLC FLINT, MI 48501-2026 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. /n By: Phela allinan & Schmieg-,LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? Fra cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Jud' T. Romano, Esq., Id. No. 58745 V eetal R. Shah-Jani, Esq., Id. No. 81760 nie R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., ld. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff V. WILLIAM R. WEIGLE Defendant ATTORNEY FOR PLAINTIFF Zr, MCD ra =-n :;rm rn - ? r- -<n 01 c ?b 5 CD c' " z - ?n -n =CD : Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 235275 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make the 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 14, 2010. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable Kevin A. Hess on or about October 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on November 9, 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 "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 29, 2010. 235275 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: c ' ` 1O 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 ATTORNEY FOR PLAINTIFF 235275 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, Civil Division (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS CUMBERLAND County TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 No.: 10-2470 CIVIL TERM Plaintiff V. WILLIAM R. WEIGLE Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 235275 A Motion to Reassess Damages was filed with the Court on October 14, 2010. A Rule was issued by the Court on or about October 21, 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 November 9, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 29, 2010. 235275 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 DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 235275 Exhibit "A" 235275 °o a c? U L-i a 0 N N U a a ?y`rn ea ^pw * t OD t ? ? ss ?. a ? ? Q r ° g t•.E o H ? ? ? w can .5w ° W h F O g 0 9 N rA S ? A ' Z w? ?r i J U c m a D Q 3 0-4 ? ? u o c? 3 ? a 0 3 ?? r+ ? N fA Fr ?I ? u 14 a z; z rr 3 r? 3 TZ ?d z tn ? M e4 to N z N N v1 M N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 8, 2010 WILLIAM R. WEIGLE 5270 WINDING WAY HARRISBURG, PA 17109-6343 RE US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 v. WILLIAM R. WEIGLE Premises Address: 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 10-2470 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 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, L4*nce T. Phelan, F.s uire Fr is S. Hallinan, Esq ` e Daniel G. Schmieg, Esq ire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire ') I C')'7 C Jenne R. Davey,:lsquire? Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 235275 Exhibit "B" 235275 OCT 19 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, Civil Division (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS CUMBERLAND County TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 : No.: 10-2470 CIVIL TER M. Plaintiff V. -OZ ' am WILLIAM R. WEIGLE rn W - h Mi',,., -4 r-- wr r'j Defendant a RULE AND NOW, this zi w day of Gds 4-0' 2010, a Rule is entered upon the DeTendat to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. a& Acki., Rule Returnable Q- the d , Pena. ca p t lu rat t A4kfJ. ?? . weal LT, p/a t / 16 BY COURT J 235275 Exhibit "C" 235275 Phelan Hallinan & Schmieg, LLP ' By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. HaIlinan, 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 .14 Sheetal R. Shah-Jani, Esq., Id. No. 817`0 Jenine R. Davey, Esq., Id. No. 87,077 Lauren R. Tabas, l sq., Id. No. 93?314; 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 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas SUCCESSOR TRUSTEE TO BANK OF , AMERICA, NATIONAL ASSOCIATION, Civil Division (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS CUMBERLAND County TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 No.: 10-2470 CIVIL TERM Plaintiff V, WILLIAM R. WEIGLE ' Defendant CERTIFICATION OF SERVICE 235275 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 29, 2010 was sent to the following individual on the date indicated below. WILLIAM R. WEIGLE 5270 WINDING WAY • HARRISBURG, PA 17109-634 DATE: ? ? - _ 1- n By: WILLIAM R. WEIGLE 207 WESTVIEW DRIVE MECHANICSBURG, PA 17055-5757 Phelan Hallinan & Schmieg, LLP 01, U Lawrence T. Phelan, Esq., Id. No. 32227 El Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmeg, Esq., Id. No. 62205 Fj Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 [] Sheetal R. Shah-Jani, Esq., Id. No. 81760 F Jenine R?S)avey, Esq., Id. No. 87077 Laure:. Tabas, Esq.,Id. No. 93337 V' Srivastava, Esq., Id. No. 202331 . Jones, Esq., Id. No. 86657 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 L] 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 E Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 235275 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. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawr ce- r 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 235275 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 US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff V. WILLIAM R. WEIGLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM CERTIFICATION OF SERVICE 235275 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. WILLIAM R. WEIGLE WILLIAM R. WEIGLE 5270 WINDING WAY 207 WESTVIEW DRIVE HARRISBURG, PA 17109-6343 MECHANICSBURG, PA 17055-5757 Phelan Hallinan & Schmieg, LLP DATE: `/ o By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 235275 RLEO-OFFIC Cr THE PROTHON TARY 2010 KC -1 AM I :49 CDMDr PALAND CO NTY N-f-HNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, (SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 Plaintiff V. WILLIAM R. WEIGLE Defendant DEC 0 3 2010 Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2470 CIVIL TERM ORDER AND NOW, this day of -1kcJw , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Damages in the above captained matter is hereby amend the judgment and the Sheriff is ordered to amend the Principal Balance Interest Through December 8, 2010 Per Diem $33.31 Late Charges Legal fees Cost of Suit and Title s Motion to Reassess The Prothonotary is ordered to nunc pro tunc as follows: $167,706.19 $13,424.45 $237.40 $1,675.00 $957.25 4 235275 Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $2,155.91 $95.00 $0.00 $0.00 ($0.00) $0.00 $186,251.20 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 co ission is not included in the above figure. OURT ' J. 235275 1 I 444,y n2cZ?,j, xr(C 235275