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Home My WebLink About11-89077 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 11-8907 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CUMBERLAND COUNTY CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED ORDER AND NOW, this Z day of to as t.4 , 2012, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant, Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Theodore Syphax, Deceased, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), by mailing a true and correct copy of the complaint by Regular mail, and by posting the mortgaged premises 73 Partridge Circle, Carlisle, PA 17013 by the Sheriff or a non-party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a Certificate of Service with the Prothonotary' s office to assure compliance with this court order. BY THE COURT: J. .tea .-... ?? .;. _ dScA m ?h a/l ???? (e t PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. ?012 APP 17 AV1 9: '_1" 3ER,L; HD CCU! PENNSYLVANIA : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, No. 11-8907 CIVIL TERM ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL H LINAN & SCHMIEG, LLP By: Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Date: April 13, 2012 JMK/clo, Svc Dept. File# 268685 ask 1 I. ? l CtA Phelan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. Plaintiff ATTORNEYS FOR PLAINTIFF n- N? 23 AN 7: 1 f 'ZU,?"IBERLAND COUNT',' COURT OF COMMON PLEAS CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND CUMBERLAND COUNTY ALL PERSONS, FIRMS, OR ASSOCIATIONS No. 11-8907 CIVIL TERM CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX DECEASED at 73 PARTRIDGE CIRCLE, CARLISLE PA 17013-8751 on April 19, 2012, in accordance with the Order of Court dated March 22, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. DATE: April 18, 2012 Joh . Kolesnik, Esq., Id. No. 308877 A rney for Plaintiff JW6 elan Hallinan & Schmieg, LLP 'R (A G.'%s Phelan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 31 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. COURT OF COMMON PLEAS CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND CUMBERLAND COUNTY ALL PERSONS, FIRMS, OR ASSOCIATIONS No. 11-8907 CIVIL TERM CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendants AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated March 22, 2012 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in the Cumberland Law Journal on April 27, 2012 and The Sentinel on April 21, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Schmieg, LLP DATE: May 2, 2012 )88'k" y? j° 9 ATTORNEYS FOR PLAINTIFF `! IMBERLAND BOUNPI PENNSYLVANIA J . Kolesnik, Esq., Id. No. 308877 x"orney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHS # 268685 KPL PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 27, 2012 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. L Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 27 day of April, 2012 n e/ C-2 ??A Notary - NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 11-8907 CIVIL TERM WELLS FARGO BANK, N.A. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED NOTICE TO UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS, AND ALL PER- SONS, FIRMS, OR ASSOCIA- TIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER THEODORE SYPHAX, DE- CEASED: You are hereby notified that on November 30, 2011, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, dock- eted to No. 11-8907 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Apr. 27 14 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn. deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 1301 1881, since which date THE SENTINEL has been regularly issued in said County, and that thf_ printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): A-Pril _'1, 2012 COP)' OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Affiant further deposes that he/she is nog interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a to time, place and character of publication WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS are true. J r Vs. CIVIL DIVISION J 5/ ' t UNKNOWN HEIRS, SUCCESSORS, CUMBERLAND COUNTY ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, NO. 11-8907 CIVIL TERM TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED NOTICE TO UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED: You are hereby notified that on 11/30/11, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County,, CIRCLE, CARLISLE, A Plaintiff seeks to foreclose on the op your ly docketed GE VIL TERM. Wherein on property would 17013-87511 whereupon your pre property located at 73 PARTRID be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YO ONCE. NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW, HIS OFFICE CAN PROVIDE YOU WITH INFORMATIONO OR 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 .(800) 990-9108 Sworn to and subscribed before m_e this ,I Notary Public My commission expires: i AFFIDAVIT OF SERVICE - CUMBERLAND KPL CE PLAINTIFF COUNTY: CUMBERLAND WELLS FARGO BANK, N.A. " COURT NO. 11-8907 CIVI Wt DEFENDANT AN COU°qY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND TYPE OF (A- %Wyt-\1P1N1,N ALL PERSONS, FIRMS, OR ASSOCIATIONS XX Mortgage Foreclosure CLAIMING RIGHT, TITLE OR INTEREST FROM OR Eviction UNDER THEODORE SYPHAX, DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751 t ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known UNKNOWN HEIRS. SUCCESSORS. ASSIGNS. AND ALL PERSONS, FIRMS. OR ASSOCIATIONS CLAIMING RIGHT TIT E OR INTEREST FROM OR UNDER THEODORE SYPHAX. DECEASED, Defendant on the .. ST day of 20J2 at F- )4 o'clock, . M., at 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place cf business. an office of said defendant company. Description: Age Height Weight__ Race--- Sex Other. I, _ s a competent adult, being duly sworn according to law, depose and state that 1 personally posted a true and correct the Complaint in Mortgage Foreclosure issued in the captioned c n the date and the address indicated above. I understand that this W- coy 0 - statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatin uns orn falsificati horities. DATE: S I I NAME: PRINTED NAME: Ronald MOIL TITLE: Process Server On the day of ___ , 20_, at - o'clock ._. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at -at Service Refused Other: 268685 FILED-OFFICE PHELAN HALLINAN & SCHMIEW'Rq PROTHONOTARY Attorney for Plaintiff Christy Donati, Esq., Id. No.306628 2012 JUL _5 AM 10: 53 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. CUMBERLAND COUNTY PENNSYLVANIA . CUMBERLAND COUNTY COURT OF COMMON PLEAS UNKNOWN HEIRS, SUCCESSORS, CIVIL DIVISION ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, No. 11-8907 CIVIL TERM TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $135,522.93 $135,522.93 I hereby certify that (1) the Defendant's last known address is 73 PARTRIDGE C CARLISLE, PA 17013-8751, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ) 1_? `kZ DAMAGES ARE HEREBY DATE: _]ls)l;? PHS # 268685 ?- Christ Do d a , Es uire y q } 4 Attorney for Plaintiff anm )aZ 5A ASSESSED AS INDICATED C 0?1 00 t PROTHONOTARY 26868 PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.306628 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, No. 11-8907 CIVIL TERM OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED 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 knc of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, amended. (b) that Plaintiff is without information sufficient to determine whether the defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS. OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED is/are over 18 years of age and resides at 73 PARTRIDG CIRCLE, CARLISLE, PA 17013-8751. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Christy Do a Esquire Attorney for Plaintiff 268 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-8907 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ?- By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Christy Donati, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT A SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** -.9k, 26868: WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, NO. 11-8907 CIVIL TERM AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE CUMBERLAND COUNTY OR INTEREST FROM OR UNDER THEODORE SYPHAX,DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED 73 PARTRIDGE CIRCLE CARLISLE, PA 70 3;&?1-- THIS DATE OF NOTICE: 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. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (X7)249-3166 By: Ma ew shwoC+d. Esquire Atto or Plaintiff lPhelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 268685 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-8907 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX,DECEASED (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: $135,522.93 L.L.: $.50 Interest from 7/6/12 To Date of Sale ($22.28 per diem) -- $3,408.84 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $190.25 Plaintiff Paid: Date: 8/31/12 (Seal) REQUESTING PARTY: Other Costs: David D. Buell, Prothonotary 5n?f Deputy Name: MELISSA J. CANTWELL, 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. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V UNKNOWN HEMS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/06/2012 to Date of Sale ($22.28 per diem) TOTAL Note: Please attach description of property. PHS # 2686 S *a s .-Avo Pb A-ay 39, 60 CAW 9x.00 It. 16 " 1 !v . 'So u aZ . Jr0 " 190.E - PD AM 4x.015 &eO • 50 LL of to 17 85 12 dwogl RE W)6+ 4UMc? NO.: 11-8907 CIVIL TERM CUMBERLAND COUNTY $135,522.93 $3,408.84 $138,931.77 C 4 11 a3 Z; --? Its w ? c - -+ ca - cn ' Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELL$ FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 11-8907 CIVIL TERM UNKN(i)WN HEIRS, SUCCESSORS, ASSIGNS, AND A?LL PERSONS, FIRMS, OR ASSOCIATIONS CUMBERLAND COUNTY CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAK DECEASED AND NOW, this ?.2Ax day of *44.v4 , 2012, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant, Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Theodore Syphax, Deceased, by publication of the complaint in accordance with Pa-R.C.P. 430(b)(1), by mailing a true and correct', copy of the complaint by Regular mail, and by posting the mortgaged premises 73 Partridge Circle, Gariisle, PA 17013 by the Sheriff or anon-party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a Certificate of Service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: J. 1011- PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8907 CIVIL TERM : CUMBERLAND COUNTY cl CERTIFICATION -am The undersigned attorney hereby states that he/she is the attorney for the Plain ttgou I matter and that the premises are not subject to the provisions of Act 91 because :. ( ) the mortgage is an FHA Mortgage n x ( ) the premises is non-owner occupied ...? (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 1 1-1197, 41 c^ c? rn ca ?, cn Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: allinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.: 11-8907 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CUMBERLAND COUNTY THEODORE SYfPHAX, DECEASED Defendant(s)' PHS # 268685 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) C"7) r?j ?? UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, 73 PARTRIDGE CIRCLE C tri AND ALL PERSONS, FIRMS, OR CARLISLE, PA 17013-8751 G'e 't ASSOCIATIONS CLAIMING RIGHT, TITLE OR r" CJy W 8 INTEREST FROM OR UNDER THEODORE -?-t C+ SYPHAX, DECEASED G x+• - ZQ 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be s old: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) NORTH MIDDLETON AUTHORITY 2051 SPRING ROAD CARLISLE, PA 17013 NORTH IDDLETON AUTHORITY C/O CHRISTOPHER E. RICE, ESQ. NORTH MIDDLETON AUTHORITY C/O HUBERT X. GILROY, ESQ. 10 E HIGH STREET CARLISLE, PA 17013 10 E HIGH STREET CARLISLE, PA 17013 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) MIDDLETOWN ESTATES COMMUNITY 136 PARTRIDGE CIRCLE ASSOCIATION, INC. CARLISLE, PA 17013-8701 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 73 PARTRIDGE CIRCLE CARLISLE, PA 17013-8751 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM Domestic Relations of Cumberland County Commonwiealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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. Date: By: Phe allinan & Schm LLP Melissa J. Cantwell, Esq., Id. o. 08912 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-8907 CIVIL TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, CUMBERLAND COUNTY TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY .v= r.a N --? a TO: UNKNOWN HEIRS, SUCCESSORS, w ASSIGNS, AND ALL PERSONS, FIRMS, OR -t?' -- CD '- ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER a z THEODORE SYPHAX, DECEASED _ ?- 73 PARTRIDGE CIRCLE CARLISLE, PA 17013-8751 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle; PA 17013 to enforce the court judgment of $135,522.93 obtained by WELLS FARGO BANK, N.A. (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 BEIABLE 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.) U MAY VE i SALE DOES T) 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) stays 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8907 CIVIL TERM WELLS FARGO BANK, N.A. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) ,29-15-1252-089 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $135,522.93 Phelan H#llinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL WHAT CERTAIN tract or parcel of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Partridge Circle, at the northwest corner of Lot No. I 1-G on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. I 1-G, South 24 degrees 45 minutes 28 seconds East, a distance of 140.34 feet to a point on the northern ' line of Lot No. 19 (common open space) on the hereinafter described Final Subdivision Plan THENCE along the northern line of said Lot No. 19, North 65 degrees 14 minutes 32 seconds West, a distance of 40.00 feet to a point at the southeast corner of Lot No. 11-D on the hereinafter described Final Subdivision Plan; Thence along the eastern line of said Lot No. 11-D North 24 degrees 45 minutes 28 seconds Vast a distance of 126.61 feet to a point on the southern legal right-of-way line of Partridge Circle; THENCE along the southern legal right-of-way line of Partridge Circle by a curve to the left, having a radius of 125.00 feet, an arc length of 42.50 feet to a point at the northwest corner of Lot No. 11-G on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 5,288.17 square feet, more or less. BEING Lot No. 11-E and Lot No. 11-F of the Final Subdivision Plan - Phase 2, Middleton Estates, prepared by Hartman & Associates, Inc. and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 72, Page 116. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions, dated September 8, 1987, recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book 340, Page 622, Bylaws of Middleton Estates Community Association, Inc. dated September 8, 1987, recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 340, Page 597, First Amendment to Bylaws of Middleton Estates Community Association, Inc., dated August 28, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 556, Page 658, and Declaration of Reciprocal Easements Applicable to Middleton Estates - Phase 2, dated April 24, 2997, recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 546, Page 775. UNDER AND SUBJECT to a forty (40) foot sanitary sewer easement across the southernmost portion of the premises,'and to the 100 year flood line of the Conodoguinet Creek, across the mid-portion of the premises, as shown on the above-referenced Final Subdivision Plan. FURTHER UNDER AND SUBJECT to the covenant and restriction that said Lots Nos. I I -E and 11-F hereafter be considered to be one tract and shall never be separately conveyed, sold or mortgaged, the foregoing two lots being intended to be held and considered as one parcel. The foregoing covenants regarding the holding of said Lots Nos. I I-E and 11-F as one parcel shall be a covenant which shall run with the land and shall be binding upon the Grantees, their heirs and assigns, and may be enforced in equity by North Middleton Township. TITLE TQ SAID PREMISES IS VESTED IN Theodore Syphax, single man, by Deed from Remington Development Corporation, a Pennsylvania Business Corporation, dated 08/22/2000, recorded 09/01/2000 in Book 228, Page 514. Theodore',Syphax died on 0811912010 and, upon information and belief, his heirs, devisees and/or personal representatives are unknown. PREMISES BEING: 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751 PARCEL NO. 29-15-1252-089 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No..312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 11-8907 CIVIL TERM ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallman, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 30, 2011. 2. Judgment was entered on July 5, 2012 in the amount of $135,522.93. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A'". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on January 9, 2013. 70-OF FICE F';!3THCINCMARY P CEC 20 AM 1 { ORNEY FOR PLAINTIFF ;r '?4PERLAND COUNTY i'EN NSYLVAN+IA 268685 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 $123,736.06 Interest Through January 5, 2013 $17,177.55 Late Charges $138.24 Legal fees $2,075.00 Cost of Suit and Title $1,773.68 Property Inspections $345.00 Property Preservation $1,225.00 Escrow Deficit $10,142.42 TOTAL $156,612.95 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3 )(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 13, 2012and 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". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert Jr. entered an order for Service Pursuant to Special Order dated March 23, 2012 . 268685 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan, LLP By: 44 Job an Lobb, Esquire ATTORNEY FOR PLAINTIFF 268685 Phelan Hallinan. LLP Jonathan Lobb, Esq., Id. No..312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: I1-8907 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE THEODORE SYPHAX 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 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 268685 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971)., that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 268685 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. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff's Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnershin v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 268685 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 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. 268685 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices. and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). 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). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 268685 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date. as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 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. 268685 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 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. 268685 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. IX. 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. DATE: /,z 111112 Phelan Hallinan, LLP 01 By: J than Lobb, Esquire Attorney for Plaintiff 268685 Exhibit "A" 268685 PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.306628 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Attorney for Plaintiff PLEASE RE TUR4 . CUMBERLAND COUNTY mip C -A:2 COURT OF COMMON PLEA - CIVIL, DIVISION C> v to G7 No. 11-8907 CIVIL TERM 01 Cn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against UNKNOWN HEIRS SUCCESSORS. ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAEW NG RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX. DECEASED. Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $135,522.93 PLtASc !?? i l?tiV TOTAL $135,522.93 I hereby certify that (1) the Defendant's last known address is 73. PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date C? Christy Do , Esquire Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. y. , • M DATE: rxs a 268685 PROTHONOTARY 268685 Exhibit "B" 268685 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP December 13`x', 2012 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE. OR INTEREST FROM OR UNDER THEODORF SYPHAX, DECEASED 73 PARTRIDGE CIRCLE CARLISLE, PA 17013-8751 Representing Lenders in Pennsylvania and New Jersey RE: WELLS FARGO BANK, N.A. v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Premises Address: 73 PARTRIDGE CIRCLE CARLISLE, PA 17013 CUMBERLAND County CCP, No. I1-8907 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 t2/18/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, .1ol-1,11 tlal1 Lobb, Esq., Id. No.312174 Attomey for Plaintiff Enclosure 268685 ztoz Cl 030L61.t8£tooo Ot to AMWW WM?-Act. . ri a " ../ _ W ?o z J7 O W Z d z Z o <O z O z zg_ > <a Q v QZn cr? f z v O Q,n -?s ?O a X UOc+ ? c °' ? Ua ?I er 00 p „ L. m of Z x E ro ? ' V G»--C7a. Z ?UrU U C ?? ' .D .M 21 N ? as ? u ? .a ?y ?( W YY 00 1o 00 110 N Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FAR.GO BANK, NA, ,. Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRNIS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8907 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. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THEODORE SYPHAX, DECEASED 73 PARTRIDGE CIRCLE CARLISLE, PA 17013-8751 DATE: Phelan Hallinan, LLP By: JiWathan- Lobb, Esquire ATTORNEY FOR PLAINTIFF 268685