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Home My WebLink About10-3671'~ 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 239808 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JULI D. BENSON 424 SECOND STREET ENOLA, PA 1 7025-3 1 1 1 Defendant F1L~C~:J='rk^ .~~,~ ~, 1 S~._. 2014 JU~i -4 ~{~~ 1fl~ ZS ry--.,,.A +c~~j~lfrl~s ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY ~~a . oo ~~. A~~. e~ QS"74/~ File #: 239808 P ~ 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 THA'I' 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 #: 239808 Plaintiff is Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006- WF 1. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JULI D. BENSON 424 SECOND STREET ENOLA, PA 17025-3111 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/05/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1958, Page 1072. 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 02/01 /2010 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 #: 239808 6 The following amounts are due on the mortgage: Principal Balance Interest 01/01/2010 through 05/13/2010 (Per Diem $16.74) Attorney's Fees Cumulative Late Charges 07/05/2006 to 05/13/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7 8. $72,957.86 $2,237.64 $650.00 $86.64 $30.00 . ssn_~n $76,512.14 j. 51 ~_1 11 $75,999.03 Plaintiff is nat seeking a judgment of personal liability (or an in »er~ nnam_ 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 239808 WHEREFORE, Plaintiff demands an in r~.m judgment against the Defendant(s) in the sum of $75,999.03, together with interest from 05/13/2010 at the rate of $16.74 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. AN & SCHMIEG, LLP ~- B uL:l L wrence "1". Phelan, Esq., Id. No. 32227 F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 239808 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the EAST PENNSBORO TWP. Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Second Street at or opposite the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street; thence southwardly along the western line of Second Street twenty (20) feet to a point; thence westwardly along lands now or late of Annie M. Shaffer one hundred thirty two (132) feet to a point in the eastern line of an Alley; thence northwardly along the eastern line of said Alley twenty (20) feet to a point at or opposite the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street; thence eastwardly through the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street and beyond one hundred thirty one (131) feet to a point, the place of BEGINNING. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known as No. 424 Second Street. BEING the same premises which Elmer W. Shuey and Margaret R. Shuey, his wife, by Deed dated June 23rd 1977 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book G27, page 473, granted and conveyed unto Stephen L. Hood and Nancy D. Hood, his wife, GRANTORS HEREIN. PARCEL# 45-17-1044-054 File #: 239808 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 Fa.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 DATE: File #: 239808 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4~ratr ci ~BI>'/6r~~~~~ ~s "~ ~t .~ ~~' ,~, , f.- t~FFIGE ~3F 4htE 9NERIF~ ,, TL~,I-~t~ ,~~ ~~,_~~ _ t 2010 ,iIS~J 14 P~ 1 ~ 24 Deutsche Bank National Trust Company vs. Juli D. Benson Case Number 2010-3671 SHERIFF'S RETURN OF SERVICE 06/10/2010 Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2010 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Juli D. Benson, by making known unto herself personally, at 424 Second Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, ----.~. June 11, 2010 RON RANDERSON, SHERIFF MICHAEL BARRICK, DEPUTY SHERIFF (c) CountySuite Shenff, ieloosoff.. Inc. t ,rv i'} .. Y 2Qi~..''~. ~ L PM ~ t~{ ~ „ 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 ~auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mul;.ahy, 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 Deutsche Bank National Trust Company, CUMBERLAND COUNTY as Trustee for Soundview Home Loan . Trust 2006-WF1. COURT OF COMMON PLEAS vs. CIVIL DIVISION JULI D. BENSON No. 10-3671-CIVIL-TERM $14~.0o PPArr~ e* 9~ 005 ~~ ay~~or ~Ce ~~~ 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 JULI D. BENSON, 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 $75,999.03 Interest - 05/14/2010 to 07/20/2010 $1,138.32 TOTAL $77,137.35 I hereby certify that (1) the Defendant's last lfnown a es is 424 2ND STREET, ENOLA, PA 17025-3111, and (2) that notice has been give in cordance with Rule 237.1, copy attached. \ ~--- Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheet 'R. Shah-Jani, Esquire Je ' e R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA' DATE: ~ /p PHS # 239808 PROTHONOT 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. 6.1791 Andrew L. ~pivack, 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 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. vs. JULI D. BENSON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-3671-CIVIL-TERM 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 JULI D. BENSON is over 18 years of age and her last known residence is 424 2ND STREET, ENOLA, PA 17025-3111. This statement is made subject to tl~pe~alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to autho ies. / // ~ ~,awrence T. Phelan, Esq., ~d.--laFe~: X2227 ^ Francis 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 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 enine 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 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for Soundview Home Loan Trust 2006- WFl. COURT OF COMMON PLEAS vs. JULI D. BENSON CIVIL DIVISION No. 10-3671-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on (~ By: If you have any questions concerning this matter please ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Mic le M. Bradford, Esq., Id. No. 69849 ^ Ju th T. Romano, Esq., Id. No. 58745 ^ S eetal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIO USL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** ._ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF1. Plaintiff v. COURT OF COMMON PLEAS CNIL DNISON NO. 10-3 671-CNIL-TERM CUMBERLAND COUNTY JULI D. BENSON Defendant(s) TO: JULI D. BENSON 424 2ND STREET ENOLA, PA 1 7025-3 1 1 1 ~/~F~~-~ DATE OF NOTICE: July 1, 2010 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 RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII,E 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 IIVIPORTANT 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. 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. PHS # 239808 .._ Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3~¢6 v By: L • nce .Phelan, Esq., Id. .32227 Fr c S. Hallman, Esq., Id. N .62695 D i G. Schmieg, Esq., Id. No. 62205 Mi le M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 0 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 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 239808 PLAINTIFF Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. PHS # 239808 DEFENDANT SERVICE TEAM/ kxc JULI D. BENSON COURT NO.: 10-3671-CIVIL-TER M SERVE JULI D. BENSON AT: TYPE OF ACTION 424 2ND STREET XX Notice of Sheriff's Sale ENOLA, PA 17025-3111 SALE DATE: 12/08/2010 SERVED o Served and made known to JULI D. BENSON , Defendant on the W day of SE?/A oL , 24&-l at ° Cn ---1 M-n M ? in the manner described below- 10760, oclockA. M., at 424 1Np ST F#jat d w." Zm M fir" , S Defendant personally served. r-n Adult family member with whom Defendant(s) reside(s). ' Relationship is So pi _ Adult in charge of Defendant's residence who refused to give name or relationship. =w 5-n =- Cl) Manager/Clerk of place of lodging in which Defendant(s) reside(s) . mg -X t? ? G? rn Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. -77 11 Other: V Description: Age AA A,65 Height (0+b,, Weight ? Race L'J Sex M Other I, R?? A6 l,t_ , 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 KIMBERLY CUR before me this day NOTARY PUBLIC of $?OT 2 STATE OF N$yy1My Notal rB COMMISSION EXPIRES MARCH 7, 20(3 NOT SERVED i" On e 20_, at o'clock M., Defendant NOT FOUND because: - Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 • Daniel G. Schnk& Esq., Id. No. 62205 Mkiwie M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheaal R. Shah-Jana, Esq., Id. No. 81760 Jenhre 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. Mukohy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., M. No. 84439 Jaime McGuinness, Esq., Id. Na 90134 Chrisovalante P. Fiinkos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. Na 205047 Courtenay R. Donn, Esq., Id. No. 206779 Andrew C. Bramblet = Id. Na 208375 One Penn Center at S Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY qF T~iELP Q ~Q 0~'ARY 24ff1 OOT f 5 A* ! f ~ 04 CUMBERC.A~O CC~hTY Pf=NNS YLYAN! A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF 1. Plaintiff Civil Division v. CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 239808 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 4, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 21, 2010 in the amount of $77,137.35. 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 dollaz amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $72,957.86 Interest Through December 8, 2010 $5,725.17 Per Diem $16.74 Late Chazges $86.64 Legal fees $1,675.00 Cost of Suit and Title $917.50 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $596.80 TOTAL $82,143.97 239808 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 239808 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: i~ItCJ~ ~(C~ 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 239808 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF 1. Plaintiff Civil Division v CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 239808 I. BACKGROUND OF CASE JULI D. BENSON executed a Promissory Note agreeing to pay principal, interest, late chazges, real estate taxes, hazazd insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 424 2ND STREET, ENOLA, PA 1 7025-3 1 1 1. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was cleaz that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 239808 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 Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 239808 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollaz amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. N. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 239808 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 maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attomey's fees and costs as it deems reasonable. 239808 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 239808 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. 239808 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~ ©rT ~(~U By: ~L,awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 239808 Exhibit "A" 239808 Phelan Hallinan 8c Schmieg, LLP Fl1 ~D-0f-FICA 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 ~Q~~ .~~~ '1+ ~M ~fl~ ~~ Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Joni, Esq., Id. No. 81760 CU{Ifl$~h~~; d~ v+JUNTY Jenine R. Davey, Esq., Id. No. 87077 P~NhSYLVa~l~! 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., ld. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 239808 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JULI D. BENSON 424 SECOND STREET ENOLA, PA 1 7025-3 1 1 1 Defendant ~``~"CORNEY FILE COP~~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM /f CUMBERLAND COUNTY We hor~hy ~ . within to ;~ the eat~e ~c'n'~ct ccpy of l~lsa~ o~~ina1 file ~,# r~c~~ File #: 239808 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. )F 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 H: 239808 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Soundview Hame Loan Trust 2006-WF 1. 3476 STATEVIEW BOULEVARD FORT MILL, SC 2971 S 2. The names} and last known address(es) of the Defendants} are: JULI D. BENSON 424 SECOND STREET ENOLA, PA 17025-3111 who is/are the mortgagor(s) and/or real ownet(s} of the property hereinafter described. 3, On 07/05/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BAND, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1958, Page 1072. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignments}, 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 02/01/2010 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. Fiit #: 239808 6. 'The following amounts are due on the mortgage: Principal Balance $72,957.86 Interest $2,237.64 01/01/2010 through 05/13/2010 {Per Diem $1b.74) Attorney's Fees $650.00 Cumulative Late Charges $86.64 07/OS/2006 to 05/13/2010 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $,S.SiLS14 Subtotal $76,512.14 Escrow Credit (~~13-? r.1 TOTAL $75,999.03 7. 8. Plaintiff is nat seeking a judgment of personal liability (or an in ~ 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant{s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 239808 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $75,999.03, together with interest from OS/13/2010 at the rate of $16.74 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. AN & SCHMIEG, LLP ~- ~ L wrence T. Whelan, Esq., Id. No. 32227 Q~ F cis S. Hallman, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No, 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 Q Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R Tabas, Esq., Id. No. 93337 Q Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 617.91 Andrew L. Spivack, Esq., Id. No. 84439 0 Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 0 Courtenay R Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File q: 239808 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the EAST PENNSBORO TWP. Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Second Street at or opposite the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street; thence southwardly along the western line of Second Street twenty (20) feet to a point; thence westwardly along Iands now or late of Annie M. Shaffer one hundred thirty two (132) feet to a point in the eastern line of an Alley; thence northwardly along the eastern line of said Alley twenty (20) feet to a point at or opposite the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street; thence eastwardly through the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street and beyond one hundred thirty one {131) feet to a point, the place of BEGWNING. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known as No. 424 Second Street. BEING the same premises which Elmer W. Shuey and Margaret R. Shuey, his wife, by Deed dated June 23rd 1977 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book G27, page 473, granted and conveyed unto Stephen L. Hood and Nancy D. Hood, his wife, GRANTORS HEREIN. PARCBL# 45-17-1044-054 Filo #: 239808 VERLFICATION An~11~Y ,hereby states that he/she 15 V.P• ~Og" Documentation Of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WFI., 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: 6/4/10 File #: 239808 Name: BENSON Name: Anne Neely Title: V.P. Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. .. ~,~ .. ~:. - ~. Exhibit "B" 239808 ~- 2~ ~ c . ... ~ , .. ~: ; ~~ cu=:~ ..:.~~;,~~~iY Phelan Hallman & Scl~ieg, 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. b9849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jarti, 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. Na. $6657 Peter J. Mul.:ahy, 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 Deutsche Bark National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WFI. vs. JULI D. BENSON Attorney for PIaintiff CUMBERLAND COUNTY t~l.~~~~ ~~~~ COURT OF COMMON PLEAS CIVIL DIVISION No.10-3671-CIVIL-TERM p~{3Rt~l~ ,~ SET ~~Y PLPASE ... 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 JULI D. BENSON. Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest - OSi14i2010 #0 07/20/2010 $75,999.03 51 138.32 TOTAL I hereby certify that (1) the Defendant's last ENOLA, PA 17025-3111, and (2) that notice has b. copy attached. 577,137.35 ffire~ is 424 2ND STREET, in cordance with Rule 237.1, 1/awrence T. Phelan, Esquire _..- Francis S. Hallman, Esquire Daniel G. Schinieg, Esquire Michele M. Bradford, Esquire Judith T,_ Romano, Esquire Shee R Shah-Jani, Esquire Je " e R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 3oshua I. Goldman, Esquire Courtenay R Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~ pHs u ~9aos PROTHONOTARY ~.. Exhibit "C" 239808 d w Wa~3 ~~~oo ~~~~~~~~~x gs~t~W~ za ' ,~~~ Sys ~o~z.4a $~ ~. ~i~~ -0y~ ~, ® .csoa 3 ~'~v~~. }, a N v oK ~ O g o W a `n 'd W a ~~ a ~ ~ ~, y A ~ ~ N ~ ~ ~ d N d ~ ~ ~ ~ d v' ~ ~' O ~ `~ r '~ ~ a- 4~., ~ ~ ° A d as ~ ~ ~~a ~ N v d x s. ~~ ~ ~ N cn ~ ~ ~ ~ ~$ .~e~~"~ E qw:~ o .~ A 6N~~ fi~~ '~, 5 ,~ °~ ~~c _~~'~ .~-j}y~ x .~ ~$ C O u ~? d .~ ~y °' ~~°1, ~~~ ~~~~ .~ ~ 4G I6Cw O L. u "' q ^' ~ oy~ap ,S~ ~ ,cF1 v., 6 °'u~ > c5~i.~u o ~~j~0 '~ m ~ K O m9 d~ d~ ~: w p~~ ~N o F ~ ~~ ~ ~.a. A cl't ~~ .d o $y~ ~~DS~ ~Nx .~ .~ w ~~ ~~ o a ~" a CD O`~ N ~~ ~o o ~~ ~ ~~ F~ a o~ ~~~ ~, N r '~ O .~- '~ ~ ~ ~ ~P ~ PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 7, 2010 JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 RE: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF 1. v. JULI D. BENSON Premises Address: 424 2ND STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-3671-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount. of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly y c ce he ,Esquire Fr is S. Hallinan, Esquire D iel G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 239808 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 239808 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~©~(!~ ~(~ 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. 8665? ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 239808 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division v. CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant CERTIFICATION OF SERVICE 239808 r I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 Phelan Hallinan & Schmieg, LLP DATE: l ~ ~.~ ~ t~ BY awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~}Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 239808 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 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF 1. v. JULI D. BENSON CUMBERLAND County CCP, No. 10-3671-CIVIL-TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, L ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 239808 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquinf Andrew C. Bramblett, Esquire Enclosure cc: JULI D. BENSON 239808 ~~:_~ fif..EQ-OFFfCE ~F T~~°'E ~~l~T~-~OI~O~APY 7a~Q cc~ ~a ~ ~~ ~o ~~°~e~~~~~ cos~~~ ~ ~, °F~~~~s ~t~El~, pCi 1 g 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche ~ National Trust Company, as Trustee Court of Common Pleas for Soundv ew Home Loan Trust 2006-WF1. Plaintiff Civil Division v. CUMBERLAND County JULI D. B~,NSON No.: 10-3671-CIVIL-TERM Defendant RULE AND N~W, this 2a day of O ~ 2010, a Rule is entered upon the Defendant to show c~juse why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. I~'' _-IrI~ _(1~ ~11t~ ~ I ~i l H l *~ Za c~.2 ~ S ~ZJ ~ L ~ L~G ~ 1 ~-y l S ~l dC)`. Rule Re~~Zrnable o~-*',~-~a~, ^~ ~^ *' ' ` , ~ TIIG 1~ 1Q111 BY THE COURT l.:o~t~S' t~l~ e . ~,~ `1 •~F.c~sa ~~1~1 ~ ~~ /~ ~ J. 239808 w ti ~~~GL~-Qi ~ ~i;~ 2(l i ~ Q~T ?8 t~P~ 11 ~ r ~;: ~'E1-~BEFL~~~ c,~~s,~, ,,~ 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division v. CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant CERTIFICATION OF SERVICE 239808 f y I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 10, 2010 was sent to the following individual on the date indicated below. JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 Phelan Hallinan & Schmieg, LLP DATE: (Q ~"Z`1 ~ (p By: awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 239808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CUMBERLAND COUNTY for Soundview Home Loan Trust 2006-WFl. Plaintiff, COURT OF COMMON PLEAS v CIVIL DIVISION JULI D. BENSON Defendant(s) No.: 10-3671-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/oj:..C iii d Mail Return Receipt stamped by the U.S. Postal Service is attached heret xhibitr"A" Date: l ? Lawrence helan, Esq., Id. No. 32227 Francis . allinan, Esq., Id. No. 62695 Davie G. Scfinieg, 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 -F,sq., Id. No. 93337 Vivek Srivas.tafd, Esq., Id. No. 202331 Kndrew s, Esq., Id. No. 86657 I lcahy, Esq., Id. No. 61791 Spivack, Esq., Id. No. 84439 uinness, 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. Brarnblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: 'This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 239808 it i ? 3 hr ?•? -'?.' '. T ? ? c L t? w,?? E g ion C c I er o • ? v ra de as ra J-5 ? r cS ? 4 ,, c ,- a= Y+. Y^1 i d C ! J V ? + Go w a: ®Aa m. N ? a . x x x -x ^x -X t w EL R O I ? h m 49 N a ? I w V 2 ? J c r E a t ? G 3 h N C ? 3 J U w i . J U O _ € J .- n E ? ? ro tJ a rv! S V_ { ? I U )1 cc ?, C71 ? '? ? ? N f f 3 f ? 11 - ?' H CGi "r I S [P?? 11 4 E r f 9 ul y 1 ,- 1 i li ? ? ? 3 ,.,? ,1-.,.. '.... - ,, D r t I Cr f110HIM, 16 AM 10: 11tF 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 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. Plaintiff V. JULI D. BENSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3671-CIVIL-TERM MOTION TO MAKE RULE ABSOLUTE 239808 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF 1., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. A Rule was entered by the Court on or about October 20, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 27, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 10, 2010. 239808 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Hallinan & Schmirg, LLP DATE: D By: ? ence T. Phelan., Id. No. 32227 F-1 r cis S. Hallinan, q., Id. No. 62695 ? 'el G. Schmieg, Esq., Id. No. 62205 ? hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 J lheetal R. Shah-Jani, Esq., Id. No. 81760 enine 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 239808 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 c:) 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 4 C:) Jay B. Jones, Esq., Id. No. 8665 7 -' Peter J. Mulcahy, Esq., Id. No. 61791 a - _1 n Andrew L. Spivack, Esq., Id. No. 84439 == 5 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division V. CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant AMENDED MOTION TO MAKE RULE ABSOLUTE 239808 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF 1., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "A'. 4. A Rule was issued by the Honorable J. Wesley Oler on or about October 20, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on October 27, 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 10, 2010. 239808 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 116110 _- By: Hallinan & Schm?eg, LLP Ac/I AA J1 ? wrence T. Phefptf, Esq., Id. No. 32227 ? rancis 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 239808 Exhibit "A" 239808 c h", 8 y n P a I .aa C d h ? ? y C Eo`v? Zd0 o?. V rW?^ ?8. ?F ny Sw uW t< Fwi ? O , ??. Y? ? e s+swse x?sti ggur? ? 4i o ? y $ ` o o g cww °4t 0 0 0 13 W M q H 1?1 ', N SAE b d w a ? 'F W ? d ? ? 8pe a v? ? N i h ? z 0 z 3 .o ? ? o a00, ;c 00 rn ° N Fm h 00 C) 00 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 7, 2010 JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 RE Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. v. JULI D. BENSON Premises Address: 424 2ND STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-3671-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly y ce . e 4E squire Fra0s S. Hallman, Esquire iel G. Schmieg, Esquire chele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 239808 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 239808 Exhibit "B" 239809 d 7' FILEDPil?" 0 -11 i-1 -01=rFICE OCT g 2010 (+ 0,1 0 cc T1 0 1-, rj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division V. CUMBERLAND County 3ULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant AND NOW, this 2a day of 0 t_ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable to #1 ?n18-ems Co Petwaylvania- I- --"I" Getrthouse, , 239808 Exhibit, "C" 239808 tilt ? rfl Ct[ 3 t'{f;i' 1 ifi?t` I I E{ ai t"T 28 AN W -214 P F, 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 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1. Plaintiff V. JULI D. BENSON Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: -10-3671-CIVIL-TERM CER'IIFICATIQN OF--SERVICE, 239808 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 10, 2010 was sent to the following individual on the date indicated below. JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 DATE: By: Phelan Hallinan & Schmieg, LLP E? vge-nce T. Phelan, Esq., Id. No. 32227 Q Francis S. Hallinan, Esq., Id. No. 62695 0 Daniel G. Schmie& Esq., Id. No. 62205 ? Mchele M. Bradford, Esq., Id. No. 69849 ] Judith T. Romano, Esq., Id. No, 59745 SheeW R- Shah-Jani, Esq., Id. No. 8 1760 Jeanine R. Davey, Esq.,, Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 C( Jay B. Jones, Esq., Id. No. 86657 0 Peter J. Mulcahy, Esq., Id. No. 61791 0 Andrew L. Sovack, Esq., Id. No. 84439 Jaime McGuib"AAK Esq., Id. No. 90134 Chriso sBramblett, akos, Esq., Id. No. 94620 J Esq., Id. No. 205047 , Esq., Id. No. 206779 w C. Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 239808 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 Amended Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Hallinan & Schmieg, LLP DATE: By: )/) If )K n 14en-ceT.PlhtlaiKiffsh..td.No. U F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 239808 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 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division v. CUMBERLAND County JULI D. BENSON No.: 10-3671-CIVIL-TERM Defendant CERTIFICATION OF SERVICE 239808 r- I hereby certify that true and correct copies of Plaintiff s Amended Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 DATE: 11 loll'o By: Phelan HaUl nnan & Schmieg, LLP ?La . Phelan, Esq., Id. No. 32227 ? F cis s S S. . Hallinan, Esq., Id. No. 62695 ? D el G. Schmieg, Esq., Id. No. 62205 ichele 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 239808 L E N L t I i ors t'O',$°i ! !; NOV 71U10 E FILED -OFFICE OF TH ARY N T 1010 NOV 30 AN I0: 33 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Soundview Home Loan Trust 2006-WF1. Plaintiff Civil Division V. JULI D. BENSON CUMBERLAND County No.: 10-3671-CIVIL-TERM Defendant ORDER I AND NOW, this Z,A day of NADv , , 2010, upon consideration of Plaintiff's &4"d ei Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $72,957.86 Interest Through December 8, 2010 $5,725.17 Per Diem $16.74 Late Charges $86.64 Legal fees $1,675.00 Cost of Suit and Title $917.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 239808 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $596.80 $82,143.97 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 239808 COFILCS MX16L bao 239808 'The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317 PUBLICATION COPY 2010.3671 Civil Term Deutsche Bank National Trust Company, as Trustee for undview Home Loan Trust 20064W1 vs Jull D. Benson Atty: Daniel G Schmleg By virtue of a Writ of Execution NO. 10-3671-CIVIL-TERM DEUTSCHE BANK NATIONAL Sworn to and TRUST COMPANY, AS TRUSTEE FOR -- SOUNDVIEW HOME LOAN TRUST 2006- WFl. VS. JULI D. BENSON owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 424 2ND STREET, ENOLA, PA 17025-3111 Parcel No. 45.17-1044-054 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $77,137.35 This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 ;. .. be efore me this 10 d4 vember, 2010 A.D. Notary Public COMMONWF-40-H C1F PLm L tea! Seat N Slent tower Pa f % &bt arY Pubiic MY C,?,nm?Twp., Dauphin County Member, Penn 80TS Nov.26 , 2011 1 syivanla As;ooiation of Nola,,, PR OF OF PUBLICATION OF NOTICE CUMBERLAND LAW JOURNAL (Under Ac No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF COUNTY OF Lisa Marie Coyne, Es State aforesaid, being duly swc Journal, a legal periodical pub] was established January 2, 195 periodical for the publication o issued weekly in the said Coup exactly the same as was printec Journal on the following dates, LVANIA ss. wire, Editor of the Cumberland Law Journal, of the County and n, according to law, deposes and says that the Cumberland Law ,herd in the Borough of Carlisle in the County and State aforesaid, , 4nd designated by the local courts as the official legal all legal notices, and has, since January 2, 1952, been regularly y, and that the printed notice or publication attached hereto is in the regular editions and issues of the said Cumberland Law October 29, and November 5, 2010 Affiant further deposes at he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical f general circulation, and that he is not interested in the subject matter of the aforesaid notice o advertisement, and that all allegations in the foregoing statements as to time, place character of publication are true. isa Marie Coyne, E itor SWO TO AND SUBSCRIBED before me this 5 da of November. 22010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 1 LAW JOURNAL Writ No. 2010-8671 civil Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1 vs. Juli D. Benson Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. 10-3671-CIVIL-TERM, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF1 vs. JULI D. BENSON, owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 424 2ND STREET, ENOLA, PA 17025-3111. Parcel No. 45-17-1044-054. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $77,137- .35. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF [ < "E 13 rU BLAND C0?;,? ?dNSYLyp,??,? tI Deutsche Bank National Trust Company vs. Juli D. Benson Case Number 2010-3671 SHERIFF'S RETURN OF SERVICE 10/08/2010 02:46 PM - Shawn Gutshall, eputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1439 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Juli D. Benson, located at, 424 2nd Street, Enola, Cumberland County, Pennsylvania according to law. 10/11/2010 05:59 PM - Amanda Cobaug , Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1759 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Juli D. Benson, by making known unto, Keith Benson, son of defendant, at 424 2nd Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/07/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/7/10. SHERIFF COST: $876.09 SO ANSWERS, December 10, 2010 RbNI`V R ANDERSON, SHERIFF . SD L., P d ,it . c) GountySuRe Shenff. reiecso<t, inc I DEUTSCHr BANK NATIONAL TR ST COMPANY, AS TRUSTEE FOR SOUNDVItW-HO E LOAN TRUST 2006-WFl. Plaintiff V. JULI D. BENSON Defendant(s) 'URSUANT TI COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3671-CIVIL-TERM CUMBERLAND COUNTY PHS # 239808 DEUTSCHE BANK NATIONAL T14UST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF1. Plaintiff in the above action, by the dersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the re l property located at 424 2ND STREET, ENOLA, PA 17025-3111. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot: be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot: be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property:: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name find 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 424 2ND STREET ENOLA, PA 17025-3111 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I derstand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to uns orn falsification to authorities. i August 1 12010 By: V 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 dith T. Romano, Esq., Id. No. 58745 Kpf teeetal 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS : COURT OF COMMON PLEAS TRUSTEE_ FOR'SOUNDVIEW HOME LOAN TRUST 2006- WF1. : CIVIL DIVISION Plaintiff : NO. 10-3671-CIVIL-TERM VS. JULI D. BENSON : CUMBERLAND COUNTY Defendant(s) NOTI TO: JULI D. BENSON 424 2ND STREET ENOLA, PA 17025-3111 "THIS FIRM IS A DEBT COLLECTO WILL BE USED FOR THAT PURPOS THIS IS NOT AND SHOULD NOT Your house (real estate) at 424 Sheriffs Sale on 12/08/2010 at 10:00 2 Carlisle, PA 17013 to enforce the coot TRUST COMPANY, AS TRUSTEI mortgagee) against you. In the event tl compliance with Pa.R.C.P. Rule 3129 ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, E CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY :EMENT OF A LIEN AGAINST PROPERTY." ND STREET, ENOLA, PA 17025-3111 is scheduled to be sold at the M in the Cumberland County Courthouse, South Hanover Street, judgment of $77,137.35 obtained by DEUTSCHE BANK NATIONAL FOR SOUNDVIEW HOME LOAN TRUST 2006-WFl. (the sale is continued, an announcement will be made at said sale in CE To prevent this Sheriff's Sale, you 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 fin out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop if the judgment was improperly ent 3. You may also be able to You may need an attorney to have of stopping the sale. (See notice Y sale by filing a petition asking the Court to strike or open the judgment, . You may also ask the Court to postpone the sale for good cause. the sale through other legal proceedings. rt your rights. The sooner you contact one, the more chance you will page two on how to obtain an attorney.) HA T HTS 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 ab'l'e 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 thLbuy.er pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563- 4. If the amount due from the Buyer i 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 theproperty until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that tim , the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of a 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 o file with the sheriff and will be made available for inspection in his office. This schedule will state who ll be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (easons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of a 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 PAPE 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 C GET LEGAL HELP. CUMB RLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the EAST PENNSBORO TWP. Cumberland County, Pennsylvania, bounded d described as follows, to wit: BEGINNING at a point in the we tern line of Second Street at or opposite the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street; thence southwardly along the western line of Second Street twenty (20) feet to a point; thence westwardly along lands now or late of Annie M. Shaffer one hundred thirty two (132) feet to a point in the eastern line of an Alley; thence northwardly along the eastern line of said All twenty (20) feet to a point at or opposite the center of the partition wall dividing properties known a No. 424 and No. 426 Second Street; thence eastwardly through the center of the partition wall dividing properties known as No. 424 and No. 426 Second Street and beyond one hundred thirty one (131) feet to a point, the place of BEGINNING.. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known as No. 424 Second Street. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. TITLE TO SAID PREMISES IS ESTED IN Juli D. Benson, single woman, by Deed from Stephen L. Hood and Nancy D. Hood, his wife, dated 07/05/2006, recorded 07/11/2006 in Book 275, Page 3032. PREMISES BEING: 424 2ND STREET, ENOLA, PA 17025-3111 PARCEL NO. 45-17-1044-054 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-3671 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CLIMB: To satisfy the debt, interest AS TRUSTEE FOR SOUNDI From JULI D. BENSON (1) You are directed to levy up DESCRIPTION. (2) You are also directed to at1 of GARNISHEE(S) as follows: and to notify the garnishee(s) paying any debt to or for the (s) or otherwise disposing the. (3) If property of the defend of anyone other than a named garnishee and is enjoined as a Amount Due$77,137.35 Interest FROM 07/21/2010 Atty's Comm % Atty Paid $174.00 Plaintiff Paid Date: AUGUST 18, 2010 (Seal) AND COUNTY: costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, V HOME LOAN TRUST 2006-WFI Plaintiff (s) the property of the defendant (s)and to sell SEE LEGAL the property of the defendant(s) not levied upon in the possession (a) an attachment has been issued; (b) the garnishee(s) is enjoined from nt of the defendant (s) and from delivering any property of the defendant i not levied upon an subject to attachment is found in the possession shee, you are directed to notify him/her that he/she has been added as a stated. L.L.$.50 DATE OF SALE ($12.68) - $1,787.88 Due Prothy $2.00 Other Costs D , Prothonot By: Deputy REQUESTING PARTY: Name SHEETAL R. SHAH-. Address: PHELAN HALLIN PENN CENTER PLAZA, PI Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 NI, ESQUIRE t & SCHMIEG, LLP, 1617 HK BOULEVARD, SUITE 1400, ONE :.ADELPHIA, PA 19103 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 424 2nd Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff' ? _o One Penn Center Plaza 4 mco 7 Philadelphia, PA 19103 =M == c?7 215-563-7000 :nom Deutsche Bank National Trust Company, as Court of Common Plea Trustee for Soundview Home Loan Trust 2006- -?» WF1. Civil Division 5: C: Plaintiff CUMBERLAND County vs No.. 10-3671-CIVIL-TERM JULI D. BENSON Defendant PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: PHELAN HALLINAN & SCI IMIEG, I.LP 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. 09849 Judith T. Romano, Esq., Id. No. 58715 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., I& No. 94620 Joshua L Goldman, Esq., Id. No. 2050.17 C? rtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208 375 Allison F. Wells, Esq., Id. No. 309519 PHS# 239808 Attorneys for Plaintiff r1l ,ii ?-Rrz> G?Ilt