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Home My WebLink About10-6141Phelan 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 r- Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 250305 PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL, CITY MORTGAGE CO 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff V. RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 Defendant i?C?i07ARY PM i ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. i p - 6144 0'iy i I TM CUMBERLAND COUNTY 1..1 #ga.00 PO lam e,# 100(05'1(0 p4t a?9148 We hereby cedify the within to be a true and correct copy of the original filed of record File #: 250305 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, (10 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 250305 Plaintiff is PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL CITY MORTGAGE CO. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/08/1999 RONALD P. FRANK made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1533, Page 203. 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 05/01/2010 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 #: 250305 6 The following amounts are due on the mortgage: Principal Balance $67,522.06 Interest $2,477.94 04/01/2010 through 09/02/2010 (Per Diem $16.19) Attorney's Fees $650.00 Late Charges through 09/02/2010 $91.23 Mortgage Insurance Premium / $25.76 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $387.50 TOTAL $71,704.49 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 #: 250305 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,704.49, together with interest from 09/02/2010 at the rate of $16.19 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 OCourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 250305 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of ground situate in the Borough of Wormleysburg, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northwestern corner of Lot No. K-3 set on the dividing line between Lots Nos. K-3 and K-2 where said dividing line intersects with line of land designated as F.H.O.A. 45, North 61 degrees 49 minutes 47 seconds East, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-4; thence along said dividing line and passing through a partition wall, South 28 degrees 10 minutes 13 seconds East, a distance of 90 feet to the line of Lot No. J-5; thence along Lots Nos. J-5 and J-4, South 61 degrees 49 minutes 47 seconds West, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-2; thence along said dividing line and passing through a partition wall, North 28 degrees 10 minutes 13 seconds West, a distance of 90 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 PARCEL # 47-18-1302-274 File #: 250305 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. orney for Plaintiff DATE: A fzni ? o File #: 250305 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~- ~'~ ~Jf~,;~ ~~~-'~'f~OTA~~' ~~~ti4~lC Ot lr ti1iC~~~~ i i i, d l ~l i 6 ~' ri ~~~ ' ~ ~ ~ ~~ ~ ~ ,} ~~s~;o /~, 1 ..,1;_3 , ~ ~ QFfI~„E"'F?h~5~?NtFt r'{~..}-tl~ l~iJ~iti~ PNC Mortgage vs. Ronald P. Frank Case Number 2010141 SHERIFF'S RETURN OF SERVICE 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ronald P. Frank, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ronald P. Frank. Carol Frank advised Deputies, Ronald P. Frank is currently incarcerated at SCI Graterford, P.O. BOX 246 Route 29, Graten`ord, PA 19426. SHERIFF COST: $46.50 October 05, 2010 SO ANSWERS, ,.f~ RON R ANDERSON, SHERIFF (cj CcuniyBuite Sheriff. Teteosoft. Inc. a 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 250305 PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL CITY MORTGAGE CO. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 v. Plaintiff RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~0 ' (ot~ 1 ~+v t ~~ CUMBERLAND COUNTY TRtlE 64PY,p~ipj~QRD ano ttw ss.t~r •~_ ~INe hereby certify tt~e vwithin to be a true and correct copy of the or~gina9 died of record File tl: 250305 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLEPERSONS 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 #: 250305 1. Plaintiff is PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL CITY MORTGAGE CO. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD P. FRANK 510 POR5HA TERRACE WORMLEYSBURG, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04!08/1999 RONALD P. FRANK made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1533, Page 203. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due OS/O1 /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 #: 250305 6. The following amounts are due on the mortgage: Principal Balance $67,522.06 Interest $2,477.94 0410 1 /2 0 1 0 through 09/02/2010 (Per Diem $16.19) Attorney's Fees $650.00 Late Charges through 09/02/2010 $91.23 Mortgage Insurance Premium / $25.76 Private Mortgage Insurance Costs of Suit and Title Search $SS0.00 Escrow Deficit $.3.8_ZSQ TOTAL $71,704.49 7. Plaintiff is nat seeking a judgment of personal liability (or an in persnnam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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 #: 250305 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,704.49, together with interest from 09/02/2010 at the rate of $16.19 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ 3oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File >x: 250305 LEGAL DESCRIPTION ALL THAT CERTAIN piece or pazcel of ground situate in the Borough of Wormleysburg, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northwestern corner of Lot No. K-3 set on the dividing line between Lots Nos. K-3 and K-2 where said dividing line intersects with line of land designated as F.H.O.A. #5, North 61 degrees 49 minutes 47 seconds East, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-4; thence along said dividing line and passing through a partition wall, South 28 degrees 10 minutes 13 seconds East, a distance of 90 feet to the line of Lot No. J-5; thence along Lots Nos. J-5 and J-4, South 61 degrees 49 minutes 47 seconds West, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-2; thence along said dividing line and passing through a partition wall, North 28 degrees 10 minutes 13 seconds West, a distance of 90 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 PARCEL # 47-18-1302-274 File #: 250305 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Actian in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. t orney for Plaintiff DATE: ~ File #: 250305 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL CITY cnr- 1\ r~- '< 3 r? .:t_ C-D ° r7-; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS MORTGAGE CO., S/B/M TO INTEGRA : CIVIL DIVISION MORTAGE COMPANY Plaintiff : CUMBERLAND COUNTY vs. RONALD P. FRANK No. l 0-6141-CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE o>yr ixb Q a5a??? r• TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN &ICHMIEG, LLP By: Date: December 22, 2010 ? 7ene ' T. Phelan, E ., Id. No. 32227 cis ? r S. Ha llinan, ;sq., Id. No. 62695 ? iel G. Schrnieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? eJefnine dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff /hze, Svc Dept. File# 250305 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SBM TO NATIONAL CITY MORTGAGE CO., S(B/M TO INTEGRA MORTAGE COMPANY Plaintiff vs RONALD P. FRANK Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 10-6141-CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAIN'ra 1F PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: c°3 r•.? c ° Mrn rn cv ra r'j -C C-) =C:) c? 5Z _r Z7- Kindly substitute WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDIIAI_ CAPACITY, BUT SOLELY AS TRUSTEE FOR THE RMAC TRI-ST, SF RII S 2010-7T as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 01/05/2011 in Mortgage Instrument No. 201100403of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: February 17, 2011 PHELAN-Ri tM AN & SCHNI P Lawre e T. Pp , Esq., Id. No. 32227 Ft'W1Q S u 17an, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 587.1:1 Sheetal R. Shah-Jani, Esq., Id. No. 817610 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 ,,Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff rn M CD . - c) =-n -n v c`°' PHS#: 250305 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FAIZC t? 11;11i "I K,, N-V NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TR h S4 ' E E h t I It "I'i I L RMAC TRUST, SERIES 2010-7T, use plaintiff. Date: February 17, 2011 PHELA/ NAI L-ESN & SCH [EG, LLP Lawrence n, Esq., Id. No. 32227 rands S. Hallinan, Esq., Id. No. 6269 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. 33337 Vivek Srivastava, Esq., Id. No. 2102331 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. 901:1<1 Chrisovalante P. Fliakos, Esq., Id. No, 91620 Joshua 1. Goldman, Esq., Id. No. 20-504i Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 2083" r--Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff PHS#: 250305 FILED-OFFICE % D THE Pt Q 1*H0 0TAR'f 2011 MAR -7 AM 01: S I M DERLAHD C0U1 TY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. ? o. 62205 Michele M. Bradford, Esq., I}3. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Icy. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. N . 202331 Jay B. Jones, Esq., Id. No. 86,657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id.INo. 84439 Chrisovalante P. Fliakos, Es q., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id7 No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., NOT IN ITS INDIVIDUAL CAPACITYIBUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 20104T VS. RONALD P. FRANK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6141-CIVIL TERM CkUA 414. 00 rd a"Lj p-*-ka clo!Rl(P +?a5le !y 9 250305 8)"Vice JU„o'; WA PRAECIPE FO IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RONALD P. FRANK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure ands a of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $71,704.49 Interest - 09/03/2010 to 0 /01/2011 $2,914.20 TOTAL $74,618.69 I hereby certify that (1) the Defendant's last known addresses are 510 PORSHA TERRACE, WORMLEYSBURGi, PA 17043, INMATE # JR2431, SCI- GRATERFORD, PO BOX 246, ROUTE 29, GRA'IIERFORD, PA 19426, and (2) that notice has been given in accordance with Rule 237.1, copy) attached. - ? Lawrence T. Phelan, Esq., No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J)) ith T. Romano, Esq., Id. No. 58745 h LZS eetal 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: PHS # 250305 e PROTHONOTARY -? 250305 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. N o . 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. 7077 Lauren R. Tabas, Esq., Id. No. 3337 Vivek Srivastava, Esq., Id. No. 02331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 0 1791 Andrew L. Spivack, Esq., Id. N . 84439 Chrisovalante P. Fliakos, Esq., d. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. N). 206779 Andrew C. Bramblett, Esq., Id. o. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. !308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., i ITS INDIVIDUAL CAPACITY SOLELY AS TRUSTEE FOR Z RMAC TRUST, SERIES 20104 VS. RONALD P. FRANK IN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6141-CIVIL TERM 250305 AFFIDAVIT 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 thin the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as ame ed. (b) that defendant RONALD P. FRANK is over 18 years of age and the Defendant's last known addresses are 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043, INMATE # JR2431, SCI- RATERFORD, PO BOX 246, ROUTE 29, GRATERFORD, PA 19426. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 4, 2011 ? Lawrence T. Phelan., 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 [heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 250305 PNC MORTGAGE, A DIVISION F PNC BANK, COURT OF COMMON PLEAS N.A. SBM TO NATIONAL CITY MORTGAGE CO., CIVIL DIVISON SB/M TO INTEGRA MORTAGE OMPANY NO. 10-6141-CIVIL TERM V. RONALD P. FRANK TO: RONALD P. FRANK, INM SCI- GRATERFORD, PO E GRATERFORD, PA 19426 TE # JR2431 )X 246, ROUTE 29 DATE OF NOTICE: February 18,12011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IWORTANT NOTICE YOU ARE IN DEFAUL BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AGAINST IMPORTANT U WITHOUT A ^ G AND YOU ,MAY LOSE OUR .PROPERTY , OR OTHER HAVE A LAWYER, GO TO OR LEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFO TION ABOUT HIRING A LAWYER. .: . ,„?. ems,, s ? IF F ,OU. C` , UNF AFFO . HIRE?A,LAWYER,, S? OFFICE YBE ;ABLE TO PROVIDE YOU WITH R MA ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES =...AND FILE IN AGAINST WRITING,;W YOU. ITH THE UNLESS YOU YOURDEFENSES OR OBJECTIO S TO THE CLAIMS SET FORTH ACT WITHIN TEN DAYS FROM DATE OF THISNOTICE COURT ,°A?JUDGMENT1WIAY BE ENTERED - ?RIGHTSr ., ? M? ??.?-_. APPERANCYOU,E .SHOULD?TAK PERSONALLY E OR S. BY .PAPER, ? ATTORNEYTOYOUR LAWYER'YAT ONCE:,? IF YOU=DO;NOT 77 -.--,.-.?..,??,,,,„ 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) 249-3166 By: Lawrence T. Phelan, Esq., 12227 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 She I R. Shah-Jani, Esq., Id. No. 81.760 J ine 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. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?, 44, 77 PNC MORTGAGE, A DIVISION F PNC BANK, COURT OF COMMON PLEAS N.A. SBM TO NATIONAL CITY MORTGAGE CO., CIVIL DIVISON SB/M TO INTEGRA MORTAGE OMPANY NO. 10-6141-CIVIL TERM V. RONALD P. FRANK TO: RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA I DATE OF NOTICE: February 18,1 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO _ V?HEIREIN, AND_;:ANY I TION;OBT-4 O !1 ' ? ?- OR A PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM I BE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS...`. YOU SHOULD. TAKE TH HAVE A LAWYER, GO TO OR ? CAN PROVIDE YOU WITH INFOI IF YOU CANNOT AFFOI PROVIDE YOU WITH INFORMAI TO ELIGIBLE PERSONS AT A RE] S, PAPER TO YOUR; LAW1rER"' T=ONCE YOU: "NOT LEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE ' TION ABOUT HIRING A LAWYER. TO HIRE ~ALA Y RS,.OFFICE Y MPIR gKg gKg LE;, O,. ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES "I'll, 11111 ,, l UCED FEE R NO; FEE PHS # 250305 ° h OR 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 n (717) 249-3166 U Lawrence T. Phelan, Esq'. 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 She 1 R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 ./Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard Suite 1400 ne F 1522=771 Philadelphia, PA 19103 h r, wY.w A m B I?, 's,. . tuYYh?y 3f Y 9-r?w ? ??1? 11 r iS s'NM?r;{Y I 'fiavl. ?"?"h? +Yl''?'•r'3`? ??w?x..? 77 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-6141 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK N.A. NOT IN ITS INDIVIDUAL CAPACITY BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010- 7T Plaintiff (s) From RONALD P. FRANK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,618.69 L.L.$.50 Interest FROM 03/2/11 to Date of Sale ($12.44 per diem) - - $2,363.60 Atty's Comm % Due Prothy $2.00 Atty Paid $226.00 Other Costs Plaintiff Paid Date: 4/5/11 David D. B 11, Prothonotary (Seal} B : Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT COURT OF COMMON PLEAS SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff CIVIL DIVISION V. RONALD P. FRANK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/02/2011 to Date of Sale ($12.44 per diem) TOTAL L./ 4 b. Sa C(3r- 9a. oo w 0C) u a I (A. oo 4 Q. so Note: Please attach description of property. PHS # 250305 NO.: 10-6141-CIVIL TERM CUMBERLAND COUNTY C= $74 618.69 ter" , Cnnr C $2,363.60 D zo r-ri $76.982.29 C :) Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr is 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 'Ca.Ot'bLU Co. 'V , SO L G Ok* I o-737oS 94-057SO V I LV1'4 t?_ af-_ T_ LW_ w? O? d? Oa o° O? UW ?U if E a 0 w W W H a F d a 0 fY1 U U a d z? ?i ?o ? N xN w AA Z 19 O U w O H ? w O w au U ?a N W H O N a? O co ¢O tn. a EW.., O w Q? z ¢ 04 cn 0 N ? N?N??r- ??M dm NasW, "D? C OHO 6 00 O M N 0 z oN N O , O p,z o -z oZ.0 C° ?c ob c Oz° c a zz-?oz.6 o ozo?oo0 ti & .-- OZ ebb " ?zz "z cr a' vi a Q W W v, ?W "•°=WW -o & J e°nF; n? oviAF. a`?'C7'xaa3 W .v y y .SE s. y?,? M yam., y? Atitia>tia¢?vU¢?d3 ¢a?? ?pp0????C100000? LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of ground situate in the Borough of Wormleysburg, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northwestern corner of Lot No. K-3 set on the dividing line between Lots Nos. K-3 and K-2 where said dividing line intersects with line of land designated as F.H.O.A. #5, North 61 degrees 49 minutes 47 seconds East, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-4; thence along said dividing line and passing through a partition wall, South 28 degrees 10 minutes 13 seconds East, a distance of 90 feet to the line of Lot No. J-5; thence along Lots Nos. J-5 and J4, South 61 degrees 49 minutes 47 seconds West, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-2; thence along said dividing line and passing through a partition wall, North 28 degrees 10 minutes 13 seconds West, a distance of 90 feet to a point, the place of BEGINNING. BEING Lot No. K-3, Plan No. 1 of Foxcroft, also being known and numbered as 510 Porsha Terrace. TITLE TO SAID PREMISES IS VESTED IN Ronald P. Frank, by Deed from David R. Lis, single person, dated 04/05/1999, recorded 04/09/1999 in Book 197, Page 304. PREMISES BEING: 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 PARCEL NO. 47-18-1302-274 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ; ] i. ED- OFFICE One Penn Center Plaza H E: C TH 0 N O T'A R •,i Philadelphia, PA 19103 215-563-7000 LO 1 { APR - 5 Ali I (: 5 0 WELLS FARGO BANK, N.A. NOT IN ITS CflUNTI' CAPACITY, BUT SOLEY AS TRUSTEE FO C TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 10-6141-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904xe1'ating to urlsworn falsification to authorities. ?? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ?? Lawrence T. Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 I:f 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6141-CIVIL TERM CUMBERLAND COUNTY PHS # 250305 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ?,.. RONALD P. FRANK SCI- GRATERFORD, PO BOX 246, RO UT GRATERFORD, PA 19426 70 -'J M cn :;0 ;-= cy ?' 2. Name and address of Defendant(s) in the judgment: p -r7 Name Address (if address cannot be reasonably -MC) p c? M ascertained, please so indicate) T+c A 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) JPMORGAN CHASE BANK AS INDENTURE 2255 NORTH ONTARIO, SUITE 400 TRUSTEE C/O RESIDENTIAL FUNDING BURBANK, CA 91504-3190 CORPORATION JPMORGAN CHASE BANK AS INDENTURE P.O. BOX 30014 TRUSTEE C/O PEELLE MANAGEMENT RENO, NV 89520-3014 CORPORATION; ASSIGNMENT JOB #90788 COMMUNITY BANK OF NORTHERN P.O. BOX 660615 VIRGINIA DALLAS, TX 75265-0615 C/O HOMECOMINGS FINANCIAL NETWORK, INC. 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA CAROL D. FRANK P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 560 OLD ORCHARD LN CAMP HILL, PA 17011-1828 FOXCROFT HOMEOWNERS ASSOCIATION 3800 MARKET ST CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to autho ' es. BY. Date:` ?s ?e -- -_ Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr is 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 1 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL COURT OF COMMON PLEAS CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T CIVIL DIVISION Plaintiff NO.: 10-6141-CIVIL TERM VS. RONALD P. FRANK Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 , ROUTE 29 M ' _ GRATERFORD, PA 19426 cn , =' - I cn -ti ca **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM N 6 T? WIL L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN AW- KW P &Y, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, IfUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 is scheduled to be sold at the Sheriff's Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $74,618.69 obtained by WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6141-CIVIL TERM WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T VS. RONALD P. FRANK owner(s) of property situate in the BOROUGH OF WORMLEYSBURG, Cumberland County, Pennsylvania, being (Municipality) 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 Parcel No. 47-18-1302-274 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $74,618.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of ground situate in the Borough of Wormleysburg, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northwestern corner of Lot No. K-3 set on the dividing line between Lots Nos. K-3 and K-2 where said dividing line intersects with line of land designated as F.H.O.A. #5, North 61 degrees 49 minutes 47 seconds East, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-4; thence along said dividing line and passing through a partition wall, South 28 degrees 10 minutes 13 seconds East, a distance of 90 feet to the line of Lot No. J-5; thence along Lots Nos. J-5 and J-4, South 61 degrees 49 minutes 47 seconds West, a distance of 24 feet to the dividing line between Lots Nos. K-3 and K-2; thence along said dividing line and passing through a partition wall, North 28 degrees 10 minutes 13 seconds West, a distance of 90 feet to a point, the place of BEGINNING. BEING Lot No. K-3, Plan No. 1 of Foxcroft, also being known and numbered as 510 Porsha Terrace. TITLE TO SAID PREMISES IS VESTED IN Ronald P. Frank, by Deed from David R. Lis, single person, dated 04/05/1999, recorded 04/09/1999 in Book 197, Page 304. PREMISES BEING: 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 PARCEL NO. 47-18-1302-274 r?_ED-OFFICE - I HE PROTHONOTAf , 2111 JUN 29 AN 10: u8 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 24, 2010. 2. Judgment was entered on March 7, 2011 in the amount of $74,618.69. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 250305 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 September 7, 2011. 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 $67,522.06 Interest Through September 7, 2011 $8,476.60 Per Diem $16.19 Late Charges $273.69 Legal fees $1,675.00 Cost of Suit and Title $878.00 Property Inspections/ Property Preservation $196.00 Mortgage Insurance Premium to be paid prior to September $25.76 7, 2011 Escrow Deficit $1,175.19 TOTAL $80,222.30 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 June 22, 2011 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 "B". 250305 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phel Hallinan & Schmieg, LLP l DATE: t 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RONALD P. FRANK executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043. 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. 250305 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM IUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mort-gage 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 250305 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 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. 250305 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 250305 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 Savin s and Loan Association v. Street Road Shop in Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 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. 250305 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 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. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 250305 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure, the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 250305 IV. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. // Phelan Hallinan & Schmieg, LLP DATE: 1 _ By: ? awrence T. Phe an, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allis F. Wells, Esq., Id. No. 309519 ? ' iam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 250305 Exhibit "A" 250305 FILED-oFFICE LF TZ FROYNONOTAct 2411 ??? -l Afi? g: 5 Z CUMBERLAND COUNTY PENRSYLVAHI A A'0 Phelan Hallinan & Schmieg, LLP By: LaNwence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel Cr'. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T,Romano, Esq. Id. No. 58745 Spec y:a f;. Shah-Jani, Esq., Id. No. 91760 +en)-ne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ay,B • .:.ones Esq., Id. No. 86657 1'`?iei .+• Vhllcahy, Esq., Id. No. 61791 Andrew SPivack, Esq., Id. No. 84439 risovalante P. Fhakos, Esq., Id. No. 94620 .iosi'Lla ?• Goldman, Esq., Id. No. 205047 Courtena}- R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 AIlison. F Wells, Esq., Id. No. 309519 W'iilianx 1?. Miller, Esq., Id. No. 308951 617 "FK ROUlevard, Suite 1400 C)Ile Penn Center Plaza Philadelphia, PA 19103 _u t ,A63=000 WELILS F ARCO BANK, N.A., NOT IN 17S INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T V& RONALD P. FRANK Attorney for Plaintiff CUM" + RLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6141-CIVIL TERM 250305 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES T03 'fHE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RONALD P FRAN Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and We of the mortgaged premises, and assess Plaintiffs damages as follows; As set forth in Complaint Interest - 09/03/2010 to 03/01/2011 $71,704.49 S2914-20 TOTAL $74,618.69 1-?I hereby certify that (1) the Defendant's last known addresses are 510 PORSHA WORMLEYSBURG, PA 17043, INMATE # JR2431, SCI- GRATERFORD, PO 130 '146, ROUTE 29, GRATERFORD, pA 19426, and (2) that notice has been given in ?A ith Rule 237.1, copy attached. ZLawre n helan,' No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 T. Romano, Esq., Id. No. 58745 areetal` R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 E] Vivek Srivastava, Esq., Id. No. 202331 0 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 0 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ['Joshua I. Goldman, Esq., Id. No. 205047 0 Courtenay R. Dunn, Esq., Id. No. 206779 0 Andrew C. Brambiett, Esq., Id. No. 208375 El Allison F. Wells, Esq., Id. No. 309519 Q William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. , T_ _?a444?L_ r'»s # 2so3os PROTHONOTARYTry1 250305 Exhibit "B" 250305 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 June 22, 2011 RONALD P. FRANK RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 510 PORSHA TERRACE ROUTE 29 WORMLEYSBURG, PA 17043 GRATERFORD, PA 19426 RONALD P. FRANK RONALD P. FRANK 10745 ROUTE 18 510 PORSHA TERRACE SCI ALBION INMATE # JR2431 CAMP HILL, PA 17011-1266 ALBION, PA 16475-0002 RE: WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T v. RONALD P. FRANK Premises Address: 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 CUMBERLAND County CCP, No. 10-6141-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 June 27, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trul' yours, Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire 250305 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 Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire/ Melissa J. Scheiner, Esquire Enclosure 25¢305 C) O v' a. ? a W o ?o dd a ¢ C 0 N a a ? a O a c ro "' c ? L Y R7 J 4- k U _ o,v N ro 0. c"m n o o Z .tl _ o w v ' O F ? O ' u 0 w E vin ^ C 69 CQ 7 U E F U V E F, ? E ? X o tt _ '? ?ooo Y t y ?^ ' A 7 O. H U n v u ? v ? F G? y w C N ?• •? E x u•? Epw° eo _ b N V Vf ffi ? vv o O ? ? a ? u V T p•.? O ? C LAVa•° p M q. . o + 0 0o a H a w ??AE,., ? ? o Q O U 1 nM m u u r/? r ?n V C4 G > O z z w V a Q ? < U a a N a; H 00 ^' ? A ° o Ems- u te J ? T z a O z ?•, O o a ' O O € o a ? x? a a . LL) r,. a Z z T ¢ W N o AN A, a A A° a ?` ? E z? za z 3 z ?a a a a o? 1r; z, ' :. M O M M N'.. ul , U V) N N N N ? v ? E y v'1 ? h o o O ? O N M V I n `° $ h i£ kn O M O kr) N Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 ROUTE 29 GRATERFORD, PA 19426 RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 RONALD P. FRANK 510 PORSHA TERRACE CAMP HILL, PA 17011-1266 RONALD P. FRANK 10745 ROUTE 18 SCI ALBION INMATE # JR2431 ALBION, PA 16475-0002 250305 DATE: 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? W"Iliam E. Miller, Esq., Id. No. 308951 ?'1Ielissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS ARGO BANK, N.A. NOT IN ITS Court of Common Pleas INDIVID AL CAPACITY, BUT SOLEY AS TRUSTEE, FOR THE RMAC TRUST, SERIES Civil Division 2010-7T Plaintiff CUMBERLAND County V. No.: 10-6141-CIVIL TERM P. FRANK Defendant RULE AND NOW, this Ld_ day of 2011, a Rule is entered upon the Defendant to show c use why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defend nt(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion t Make Rule Absolute and no hearing will be scheduled on this matter. '? ?2onald ? Me /r SSG{ ©P/e-s i ra4k/ _ Sc4e '" er i Ka.jz°d '7/ C z rn -urn A 2 ) -4 6 v =o vZ rv m a --? -< w w _ .,? 250305 Lawrence . Phelan, Esq., Id. No. 32227 Francis S. allinan, Esq., Id. No. 62695 Daniel G. chmieg, Esq., Id. No. 62205 Michele M Bradford, Esq., Id. No. 69849 Judith T. mano, Esq., Id. No. 58745 Sheetal R. hah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. abas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. M cahy, Esq., Id. No. 61791 Andrew L. pivack, Esq., Id. No. 84439 Chrisovala to P. Fliakos, Esq., Id. No. 94620 Joshua I. G ldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. ramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. cheiner, Esq., Id. No. 308912 Phelan Hall'nan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphi , PA 19103 TEL: (2 15 563-7000 FAX: (215 563-3459 FRANK SCI- GRA ERFORD, PO BOX 246 ROUTE 2 GRATE ORD, PA 19426 RONALD P. FRANK 510 PORS A TERRACE CAMP H L, PA 17011-1266 RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 RONALD P. FRANK 10745 ROUTE 18 SCI ALBION INMATE # JR2431 ALBION, PA 16475-0002 250305 '-If LE " PRO ? j?j?? TA Ry !1 JUC 11 Alf 9:27 C1jP18ERLANo °ENNS YLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff vs. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 1, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 ROUTE 29 GRATERFORD, PA 19426 RONALD P. FRANK 510 PORSHA TERRACE CAMP HILL, PA 17011-1266 RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 RONALD P. FRANK 10745 ROUTE 18 SCI ALBION INMATE # JR2431 ALBION, PA 16475-0002 250305 ?j Phelan DATE: & Sc1xmtre-e, LLP . No. 32227 U Francis S. Hallinan, Esq.. No. 62695 ? Daniel G. Schmieg, Es q(, 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ;Courtengy.-R. Dunn, Esq., Id. No. 206779 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 L C:. OFFIPF7 CUMBERLAND CGUtjf y PENNS YLVji tdLj? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff vs. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T, by and through its attorney, 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. A Motion to Reassess Damages was filed with the Court on June 29, 2011. 2. 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 June 22, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 250305 3. A Rule was issued by the Honorable J. Wesley Oler, Jr. on or about July 1, 2011 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. 4. The Rule to Show Cause was timely served upon all parties on July 8, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 21, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan 1 in & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? Willi E. Miller, Esq., Id. No. 308951 e issa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 Exhibit "A" 250305 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 June 22, 2011 RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 ROUTE 29 GRA'T'ERFORD, PA 19426 RONALD P. FRANK 51.0 PORSHA TERRACE WORML.F..YSBURG, PA 17043 RONALD P. FRANK 510 PORS14A TERRACE CAMP HII1L, PA 17011-1266 RONALD 1'. FRANK 10745 ROUTE 18 SCI ALBION INMATE; 4 JR2431 ALBION, PA 16475-0002 RE: WELLS FARGO BANK, N,A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS "TRUSTEE FOR THE RMAC TRUST, SERIES 2010-717 v. RONALD P. FRANK Premises Address: 510 PORSHA. TERRACE WORMI.EYSBURG, PA 17043 CUMBERLAND County CCP, No. 10-6141-CIVIL, TF.,RM Dear Defendant, Fnclosed 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 June 27, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. r I ' M ?f w F. Phelan, Esp. ui3-e Franci-; Vii. 1 aliir; Esquire, [:laniel (r. Sclamieg; I:" -squire 250305 Michele M. Bradford, Esquire Judith. T. Romano, Esquire Shectal R, Shah-Jani, Esquire Je nine R. Davey, Esquire Lauren It. '1 abas, 1w..4quht Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire. Andrew L. Spivack, Fsquire Chrisovala me P. Fliak-os, Esquire Joshua 1. Goldman, Esquire CouZICIl ay R, Dunn, Esquire Androw (.;. Bramblett, 1-?sgcrire Allison F. Wells, 1 -`.,,,quire William , Miller, I scittit-e~/ Melissa J. Sc:heiner, Esquire Enclosure 259305 Q 4. CL Q f ? ? ? y npy / ? ri aw /? r w C41 -j <f t! J 4? ?-' G y c in `? ca Rs R P. v - re vf W ...? C. ra i-.? dJ ' Ll E ?^ :? a ? ( tar ? n ? ' ' I ? I I '0 TJ :F. a t -1 r rN ? C 3 rn cr .- 12 u 3 ? R y T n goXF_ r? FAG c r V7 x ?' c ti f? v r i vN ? C ? Fb ) F w r ? la a G T. 4 w ? N v gq?.c.E L t' <P Ci G O ;y .d . Zf `>; a n EM 4 Q ? '- n c z b` u°. m 5 ro 4r) c`t d Vl CV Exhibit "B" 250305 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS Court of Common Pleas TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Civil Division Plaintiff CUMBERLAND County V. No.: 10-6141-CIVIL TERM RONALD P. FRANK Defendant RULE AND NOW, this day. _of 2011, a Rule is entered upon [.he DefGn&irnt to show cause why an Order should not be entered granting Plaintiff's :Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 250305 Exhibit "C" 250305 r??lt_F?D-fl?EICE; HTHONOTART' 1011 JUL I I AM 9: 23 C1,1MBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff vs. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 1, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 ROUTE 29 GRATERFORD, PA 19426 RONALD P. FRANK 510 PORSHA TERRACE CAMP HILL, PA 17011-1266 RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 RONALD P. FRANK 10745 ROUTE 18 SCI ALBION INMATE # JR2431 ALBION, PA 16475-0002 250305 DATE: Phelan LLP I?awe='hxt;?l: ld. No. 32227 ? Francis S. Hallinan, Esq.. . No. 62695 ? Daniel G. Schmieg, Es . Id. No. 62205 [? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 0 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jci)iiie R. Davey, Esq., Id. No. 87077 L. utcl? 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 Chrisovalante P. Fliakos, Esq:, Id. No. 94620 [? Joshua I. Goldman, Esq., Id. No. 205047 ? CIOUlte! R. Dunn, Esq., Id. No. 206779 ? &i r. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 F William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 _ F ILEO-_OF Fi?,E '-_ , THE PRO c HONC :riffs X01 f JUL 2S AM ;?. 58 C13MBERLAND COUN j ,,r. PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff VS. RONALD P. FRANK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6141-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. RONALD P. FRANK SCI- GRATERFORD, PO BOX 246 ROUTE 29 GRATERFORD, PA 19426 RONALD P. FRANK 510 PORSHA TERRACE CAMP HILL, PA 17011-1266 RONALD P. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 RONALD P. FRANK 10745 ROUTE 18 SCI ALBION INMATE # JR2431 ALBION, PA 16475-0002 250305 Phelan al nan & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250305 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. NOT IN ITS Court of Common Pleas INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES Civil Division 2010-7T vs. RONALD P. FRANK Plaintiff Defendant CUMBERLAND County No.: 10-6141-CIVIL TERM ORDER AND NOW, this (; day of :? u , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $67,522.06 Interest Through September 7, 2011 $8,476.60 Per Diem $16.19 Late Charges $273.69 Legal fees $1,675.00 Cost of Suit and Title $878.00 Property Inspections/ Property Preservation $196.00 Mortgage Insurance Premium to be paid prior to September $276 7, 2011 Escrow Deficit $1 1 9 C= i t a TOTAL $80 0 , -) L. R7 d C? =O Plus interest from September 7, 2011 through the date of sale at six p ercent per an=n. r"' Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Mel tssa,J . Schei ner, ? 1?1eS 1' omid P. Pri"k P 250305 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010- 7T Plaintiff, V. RONALD P. FRANK Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PL);-A' S 7C -T': CIVIL DIVISION =M No : 10-6141-CIVIL TERMS cn C . C) C ?? _ c-j rn x 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/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache reto xhibit "A". elissa Scheiner, Esquire Attorney for Plaintiff Date: l IMPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence_ of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 250305 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T Plaintiff V. RONALD P. FRANK Defendant(s) AMENDED AFFIDAVIT PURSUANT COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6141-CIVIL TERM CUMBERLAND COUNTY PHS # 250305 RULE 3129.1 WELLS FARGO BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 20104T, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RONALD P. FRANK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE SCI- GRATERFORD, PO BOX 246, ROUTE 29 GRATERFORD, PA 19426 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) JPMORGAN CHASE BANK AS INDENTURE 2255 NORTH ONTARIO, SUITE 400 TRUSTEE C/O RESIDENTIAL FUNDING BURBANK, CA 91504-3190 CORPORATION JPMORGAN CHASE BANK AS INDENTURE P.O. BOX 30014 TRUSTEE C/O PEELLE MANAGEMENT RENO, NV 89520-3014 CORPORATION; ASSIGNMENT JOB #90788 COMMUNITY BANK OF NORTHERN P.O. BOX 660615 VIRGINIA DALLAS, TX 75265-0615 C/O HOMECOMINGS FINANCIAL NETWORK, INC. 5. Naive and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA CAROL D. FRANK 510 PORSHA TERRACE WORMLEYSBURG, PA 17043 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 228 Walnut Street Harrisburg, PA 17108 560 OLD ORCHARD LN CAMP HILL, PA 17011-1828 FOXCROFT HOMEOWNERS ASSOCIATION 3800 MARKET ST CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. p Date: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 [;William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 EXHIBIT "A" ?a ? r a? ? O y ? 7 n_• ?? E ?. nW? aoo n?n ao W rvnn apoo ron!? A bo ?Nn? x?o xN?cc b?? xbdn n?nd g?y z ?C ? 4°>1 `d am 4p dt 0 r y0O 2 00?J0 ?I?? yz ? o.m = eG C C"? a o o ?Z o ?, ?a xao x°d ??c?[ z?c?'c? z°?? = a ?o° m ` ? - _ ? A = =•^?• r?? h, ob r C" H 0• C" 7y KT yc,?2 yC°`ny Cr,,rr, yy o0 o Z 7CyC?a t? Z ? ?ae 8 ?de oN,?A to ' Yx? %ai a? a eo ? ? CO a a ?? ; roHx p ;tin x?° ?a0?C U.- NA a0y eon o aao ,. e c tiv' a o io n? oe o ' va n Odyn y r av, ?H? a a ??7? Ncn? c°i z? Z O ax w za O G7 b? h..y?? f11 r (/1 .•lD -T ?"?yR„°,? O ?fD !D NC ? N fD A ?+ ?° ??.+ =`' hd h+<D = a W^s ?y ?xJCC ? "d rA am O ~ x' A n 00 0 `y = N iA ? 5.1 ? z r Z N HO 1 7? ~lo?z? o a? C • f D . ro A mo N 00 Z ? ? y CrJ x o[tz k _dec ? A a °' e C ,.., o y 3b - ax O 'A'nr-' oz ?, ? ° ?? a y oz 0y b ° " C c? c y? a o a co) n ?H H N m '^ n ?' Xt ts1 z G. O C W '? - h b CLw n O ° o' 0 VI p CC w 0 p: w ` =°°Q ^ 00 , a u,'Om c o w'$ n rt o a ' w °a 3 0 R N A ? C a- m ? 3 x o - c y B d 0 0 0 3 eT' O 'o m T "i7 Z r ?sS Pos?, g Y SCWKS ? PITNE . ? . 02 1M $ 04.20° 004277256 APR04 2011 0 a o ?. MAILED FROM ZIP CODE 19103 o ? O a w C [D ? y 1 ° ?v ? c w C O. n Ar o r, o ,.d a 3 a •M h ro d n a o o? 0 :9. Ra 3 a? o ? n ?n ? ^ w a o^g N_ n' eel ?' OU'. O O ?pp ? C9. W Vii ? N A O n p 0a.? w O ? C T N '1 A O ? O ?o aR?a a? m0. 3?v X n a•a pE? ? o B 7 C R X ^ C (A w ? Ff R? o? 9 -' ?n Wy G' ^ C C u?1A1w1"'1"1o1,0 loo 1-4 147, INI-s' IwIN ?F rt ?F * * rt ?F eF * ?F ? 'k * ? 0 V a I? W b r paz ? N ?' C9 ? C D C ' Q' D t e ° D co R 17 pt C - 17 V ? rye ? l ? o--.. MMM`W r? R L A (Z I'D CD ~ W C S ? bQ D o O Cr C L ° v b 0 CD N a a a ? H O .J N O a CrJ %\ ..,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?ptti?ilF' of ?u+nfi??„?t?to tq QFFL.F -F rHF ,..?a-.;:F t , 12 P?3 Et Jody S Smith Chief Deputy Richard W Stewart Solicitor PNC Mortgage vs. Ronald P. Frank Case Number 2010-6141 SHERIFF'S RETURN OF SERVICE 05/11/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Ronald P. Frank, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Erie County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 05/24/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Erie County upon Ronald P. Frank, personally, at SCI Albion, 10745 Route 18, Albion, PA 16475. So Answers: Roger Gunesch, Deputy Sheriff. 06/23/2011 03:26 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 510 Porsha Terrace, Wormleysburg, PA 17043, Cumberland County. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $90,100.00 to Thomas Gaughen, on behalf of, Foxcroft Townhouse Associates, P.Q. Box 686, Camp Hill, being the buyer in this execution, paid to the Sheriff the sum of $ 10/05/2011 Proposed Schedule Of Distribution Posted SHERIFF COST: $810.43 SO ANSWERS, October 11, 2011 RON R ANDERSON, SHERIFF +,c) Coun?ySuite 7henff. ieieoson Irx; On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, Known and numbered as, 510 Porsha Terrace, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: Real Estate Coordinator 7 V L- U64 NZ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N010-6141 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK N.A. NOT IN ITS INDIVIDUAL CAPACITY BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010- 7T Plaintiff (s) From RONALD P. FRANK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,618.69 L.L.$.50 Interest FROM 03/2/11 to Date of Sale ($12.44 per diem) - - $2,363.60 Atty's Comm % Due Prothy $2.00 Atty Paid $226.00 Other Costs Plaintiff Paid Date: 4/5/11 David D. B 11, Prothonotary, (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the soai of said COUd at COAMS, Pa. This ...day of--1-?-- V CUMBERLAND LAW JOURNAL Writ No. 2010-6141 Civil PNC Mortgage VS. Ronald P. Frank Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-6141-CIVIL TERM, WELLS FARGO BANK, N.A. NOT IN ITS INDI- VIDUAL CAPACITY, BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2010-7T vs. RONALD P. FRANK, owner(s) of property situate in the BOROUGH OF WORMLEYS- BURG, Cumberland County, Penn- sylvania, being 510 PORSHA TER- RACE, WORMLEYSBURG, PA 17043. Parcel No. 47-18-1302-274. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $74,618- .69. 29 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Jul 15, Jul 22 and Jul 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 Notary NOTARIA=COLLINS DEBORAH Notary CARLISLE BOROUGH, My Commission Ex Lisa Marie Coy e, Editor The Patriot-News Co. 2020 Techriology. Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ZhePatriot•11ews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor saia Company is interested i.,i the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by "virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15/11 2oio4im CNN Ants 07/22/11 P"C No loss Vs 07/29/11 RoptIM1 R Firttnk By virtue of a Writ of Execution NO. 10.6141-IViL TERM WELLS FARGO.BANR, N.A. NOT IN TTSINDIVIDUALCAPACITY,BUT Sworn to a , subscribed befo e this "h,day of August, 2.011 A.D. sOLEY AwRusm FOR THE MAC TRUST SERIES 21110 71 l VS. RONALD P. FRANK owner(s) of Frolreriy situate in the Notary Public BOROUGH OF WORNIMYSBURG, Cumberland County, Pennsylvania, being (Municilmw) COMMONWEALTH OF PENNSYLVANIA 510 PORSHA TERRACE, WORMLEYSBURG, PA 17043 Notarial Seal - " Parcel No. 47-18-1302-274 Sherrie L. Kisner, Notary Public (Acreage or street address) Lower Paxton Twp., Dauphin County improvements tlimon. RESK)EN 1AL My Commission Expires Nov. 26, 2011 DWELUM Member, Pennsylvania Association of Notnr!= _ JUDGIA' AWKYJKP. 574,619.69 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Foxcroft Townhouse Assoc A PA LTD Ptrshn is the grantee the same having been sold to said grantee on the 7th day of Se tember A.D., 202011, under and by virtue of a writ Execution issued on the 5th day of April, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6141, at the suit of RMAC Trust Series 2010-7T against Ronald P. Frank is duly recorded as Instrument Number 201128255. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of w A A.D. of Deeds rKXXWWor '% d fly OXft W* the Frst 2014 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, -? --t PENNSYLVANIA r°,i 1 =-3 no Wells Fargo Bank, N.A. Not in its Individual C:) Capacity, but Soley As Trustee for the RMAC -? Trust, Series 2010-7T : Civil Division a Plaintiff ?•' - 1 r'v Vs. -`' :10-6141 Ronald P. Frank Defendant ORDER AND NOW, this ZZ - ? day of N a v , , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on October 18, 2011, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 7, 2011, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $82,068.86 along with the Sheriff's Deposit Refund of $1,500.00. Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. Not in its Individual Capacity, but Soley As Trustee for the RMAC Trust, Series 2010-7T Plaintiff Vs. Ronald P. Frank Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, Pennsylvania :10-6141 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Ronald P. Frank Office of the Sheriff Inmate #JR2431 Cumberland County Courthouse SCI Albion Prison One Courthouse Square 10745 Route 18 Carlisle, PA 17013 Albion, PA 16475-0001 JPMorgan Chase Bank As Indenture Tenant/Occupant Trustee C/o Residential Funding Corporation 510 Porsha Terrace 2255 North Ontario, Suite 400 Wormleysburg, PA 17043 Burbank, CA 91504-3190 JPMorgan Chase Bank As Indenture Trustee Foxcroft Homeowners Association C/o Peelle Management Corporation P.O. Box 686 Assignment JOB #90788 Camp Hill, PA 17001 P.O. Box 30014 Reno, NV 89520-3014 Community Bank of Northern Virginia C/o Homecomings Financial Network, Inc. P.O. Box 660615 Dallas, TX 75265-0615 Date: eopd jj?Al By: submitted, T- ----- ----n---- Attorney for Plaintiff