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HomeMy WebLinkAbout11-9241SHERIFF'S OFFICE OF CUMBERLAND lPI ISFYICE Ronny RAnderson 0i- THE PROTHQNOTAR i' Sheriff Jody S Smith 71511 DEC 29 AM $: 31 Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor 4 Fifth Third Mortgage Company VS. Joshua S. Weirich (et al.) Case Number 2011-9241 SHERIFF'S RETURN OF SERVICE 12/16/2011 09:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2011 at 2146 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joshua S. Weirich, by making known unto himself personally, at 119 A Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 12/19/2011 04:22 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 1622 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly E. Weirich, by making known unto herself personally, at 509 Higland Court, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. i MICHAEL BARRICK, D 12/19/2011 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: Joshua S. Weirich, 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 Joshua S. Weirich. Request for service at 240 Henderson Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Joshua S. Weirich currently resides at 119 A Street, Carlisle, Pennsylvania 17013. 12/2012011 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: Kimberly E. Weirich, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kimberly E. Weirich. Request for service at 119 A Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Kimberly E. Weirich currently resides at 509 Highland Court, Carlisle, Pennsylvania 17013. SHERIFF COST: $100.00 December 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF +oi G01.mlySuite She;ff_ Te!eosoYP. Inc PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY" VS. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH It t ON I"' o ey for Plaintiff COUNTY a'C iJ S`ILVV? NIA : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9241-CIVIL-TERM 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 JOSHUA S. WEIRICH, and KIMBERLY E. WEIRICH, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $118,742.69 $118,742.69 I hereby certify that (1) the Defendants' last known addresses are 119 A STREET, CARLISLE, PA 17013-1903 and 509 HIGHLAND COURT, A 17013-3924, and (2) that not'ce has been given in accordance with Rule Pa.R. 37.1. Date a h w s wood, Esquire `Attorn?ylor Plaintiff Qw} .) x,,50 A rt I? f DAMAGES ARE HEREBY ASSESSED AS INDICATED. f Q4?a1?o'ZUC? DATE: PHS # 272944 PROTHONOTARY 272944 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY VS. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9241-CIVIL-TERM 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSHUA S. WEIRICH is over 18 years of age and resides at 119 A STREET, CARLISLE, PA 17013-1903. (c) that defendant KIMBERLY E. WEIRICH is over 18 years of age and resides at 119 A STREET, CARLISLE, PA 17013-1903 and 509 HIGHLAND COURT, CARLISLE, PA 17013-3924. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date hl'ba Brushwood, Esquire for Plaintiff 272944 (Rule of Civil Procedure No. 236) - Revised FIFTH THIRD MORTGAGE COMPANY VS. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9241-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on I By: . . If you have any questions concerning this matter please contact: PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, 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 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** FIFTH THIRD MORTGAGE COMPANY V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-9241-CIVIL-TERM JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendant(s) TO: KIMBERLY E. WEIRICH 119 A STREET CARLISLE, PA 17013-1(03 DATE OF NOTICE: Z tS ( y 11"ORTANT 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 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE s AVENUE CARLISLE, )A 17013 717' 9-3166 R ert W. Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272944 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-9241-CIVIL-TERM JOSHUA S. WEIRICH CUMBERLAND COUNTY KIMBERLY E. WEIRICH Defendant(s) TO: KIMBERLY E. WEIRICH 509 HIGHLAND COURT CARLISLE, PA 17013-3 24 DATE OF NOTICE: v 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. EVIPORTANT 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 LIBER AVENUE CARl,lSLF., PA 17013 (717)' 9-3166 By: Rob 7 V. C 'c -,, Esquire Attorney tior Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272944 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-9241-CIVIL-TERM JOSHUA S. WEIRICH CUMBERLAND COUNTY KIMBERLY E. WEIRICH Defendant(s) TO; JOSHUA S. WEIRICH 119 A STREET CARLISLE, PA 17013-190 DATE OF NOTICE: eL ,v 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. IMPORTANT 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 ELIbIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE C'Ait .151..1;, PA 17013 (7 7)249-3166 By. Role usick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272944 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9241-CIVIL-TERM JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/08/2012 to Date of Sale ($19.52 per diem) TOTAL $118,742.69 $3,552.64 CUMBERLAND COUNTY Note: Please attach description of property. PHS # 272944 O - 018. ?o Po A fi'r`/ 160. oo CBF 9a. o0 1b, 50 " a . 50 6139.5o - Pty Airy 4a.as OueCD • 50 LL & 11-11822A ?-? a?3 y93 RE 1064c( p"? !ffits Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff -o ,D °o UF.rn a3 r G x M M U ° 3 U o w a W Q -? 3 Qa . xQa ?xa 73 < W) U ?-r W O> d az Ow ? H OOU HA OQ U ww x? H U a 0 v W r? NV FBI Y ?I F"' a H W w ? U x U W yW -d I Q x? O? O r-a U w? W ? O p H ? S. 0 w O = w wp U " w 9 a T n T D n O 7 O v Ll. . w 4 >, o t Q PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff V. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11-9241-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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Y? Phelan H inan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff c., r- ,.3 FIFTH THI" MORTGAGE COMPANY P-iaintiff V. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9241-CIVIL-TERM CUMBERLAND COUNTY PHS # 272944 FIFTH THIRD MORTGAGE COMPANY, 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 119 A STREET, CARLISLE, PA 17013-1903. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 4 5 JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 119 A STREET CARLISLE, PA 17013-1903 509 HIGHLAND COURT CARLISLE, PA 17013-3924 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) r?o None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be E '.- = => reasonably ascertained, please indicate) - None. Name and address of every other person who has any record lien on the property: i _J 71 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 119 A STREET CARLISLE, PA 17013-1903 KIMBERLY E. WEIRICH, C/O BRADLEY L. GRIFFIE, ESQUIRE 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 Federal Building 200 NORTH HANOVER STREET CARLISLE, PA 17013 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 s jgg4e- penalties of 1S Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Q I (A By: $Iks'on F. Wells(.E9q., Id. No.309519 Attorney for Plaintiff FIFTH THIRD MORTGAGE COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION JOSHUA S. WEIRICH KIMBERLY E. WEIRICH VS. : NO.:11-9241-CIVIL-TERM : CUMBERLAND COUNTY r, Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSHUA S. WEIRICH 119 A STREET CARLISLE, PA 17013-1903 KIMBERLY E. WEIRICH 509 HIGHLAND COURT CARLISLE, PA 17013-3924 "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 119 A STREET, CARLISLE, PA 17013-1903 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $118,742.69 obtained by FIFTH THIRD MORTGAGE COMPANY (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 LEGAL DESCRIPTION All that certain house and lot of ground with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on 'A' Street westwardly 52 feet to a point; thence northwardly 150 feet to a point; thence eastwardly 52 feet to a point; thence southwardly 150 feet to the place of beginning. Being bounded on the South by 'A' Street; on the East by a 12 foot alley; on the North by a 16 foot alley and on the West by lot now or formerly of Robert Lackey. BEING improved with a 2 1/2 story aluminum dwelling house. TITLE TO SAID PREMISES VESTED IN Joshua S. Weirich and Kimberly E. Weirich, his wife, by Deed from William G. Yothers and Eileen L. Yothers, his wife, dated 08/22/2005, recorded 08/25/2005 in Book 270, Page 2896. PREMISES BEING: 119 A STREET, CARLISLE, PA 17013-1903 PARCEL NO. 06-20-1798-084 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9241-CIVIL-TERM FIFTH THIRD MORTGAGE COMPANY vs. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH owner(s) of property situate in the 5TH WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 119 A STREET, CARLISLE, PA 17013-1903 Parcel No. 06-20-1798-084 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $118,742.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9241 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY, Plaintiff (s) From JOSHUA S. WEIRICH and KIMBERLY E. WEIRICH (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: $118,742.69 L. L.: $.50 Interest from 3/8/12 to Date of Sale (519.52 per diem) -- $3,552.64 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $239.50 Other Costs: Plaintiff Paid: Date: 4/9/12 David D. B ell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PROTHONOTARY 11. L 21 A !0* 23 CU,'IBERLAND COUNTY r"T0!?SYLVAN1A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JOSHUA S. WEIRICH : KIMBERLY E. WEIRICH No.: 11-9241-CIVIL-TERM Defendants PLAIN'TIFF'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 December 14, 2011. 2. Judgment was entered on March 7, 2012 in the amount of S 118,742.69. 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 272944 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 5, 2012. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $115,733.84 Interest Through September 5, 2012 $13,348.40 Per Diem $21.80 Late Charges $314.70 Legal fees $1,875.00 Cost of Suit and Title $993.00 Property Inspections $189.00 Escrow to be paid prior to September 5, 2012 $2,101.30 Escrow Deficit $2,478.25 TOTAL $137,033.49 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 Defendants. 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 July 19, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 272944 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmie By: ells, Es ire ATTORNEY FOR PLAINTIFF 272944 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County JOSHUA S. WEIRICH KIMBERLY E. WEIRICH No.: 11-9241-CIVIL-TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JOSHUA S. WEIRICH and KIMBERLY E. WEIRICH 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 119 A STREET, CARLISLE, PA 17013-1903. 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. 272944 In the instant case, Defendants 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 Defendants 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranly 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 272944 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovicti, 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 272944 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 Defendants 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the 272944 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 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 272944 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. 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 Sheriffs 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. 272944 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 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 272944 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. 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: /I-- Phelan Hallinan & Schmieg, LLP_ B Attorney for Plaintiff 272944 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fm H THIRD MORTGAGE COMPANY Vs. Attorney for Plaintiff a ? r p <a s?. =-n : CUMBERLAND COUNTYz rn COURT OF COMMON PLEA --j ;a C %U DIVISION JOSHUA S. VAMCH K FA; LY L WEIRICH : No, 11-9241-CIVU. TERM PRAErCIPE FOR IN REM JUDGMEXT FOR FAILURE TO TO THE PROTHONOTARY: Km&y:a ter jrd,"ent in favor of the Plaintiff and "M"` and Dcfendaos) far failure to file an to PlaW ff s Complaint within 20 drys Sam service dumf and for forndosme and sale premises, and assess Plaintiff's 4anftms as follows:' As set forth in Complaint $1%V2.69 ., r/ TOTAL $11.42.69 I hereby aactify that (1) the Ddants' last known addressers are 119 A STREET, CARLISLE, PA 17013-1903 and 509 MOHLAND COURT, ' 17013-3924, and (2) that not' )m bp berm given in ac oordanc5e with Rule Pa.R. 7.1 Date Esquire A Plaintiff DAMAGES ARE HEREBY ASSESS INDICATED. DATE: Ila PROTHONOTARY PM 2r"4a r` 272944 «.8?? EXribit PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Siiite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 19, 2012 .?OSHUA S. WEIRICH KIMBERLY E. WEIRICH 119 A STREET CARLISLE, PA 17013-1903 JOSHUA S. WEIRICH 240 HENDERSON STREET CARLISLE, PA 17013-2016 KIMBERLY E. WEIRICH 509 HIGHLAND COURT CARLISLE, PA 17013-3924 Its: FIFTH THIRD MORTGAGE COMPANY v. JOSHUA S. WEIRICH and KIMBERLY E. WEIRICH Premises Address: 119 A STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. It -924 1 -CIVIL-TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess I)amages 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 amourit of the judgment. Please respond to me within 5 days, by July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided,,,tee ?rdijigly. Very truly yours, ,Ili; (')» F. Wt 11s: 1:squire Attorney for Plaintiff 1nclosure 272944 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendants CUMBERLAND County No.: 11-9241-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 individuals on the date indicated below. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH 119 A STREET CARLISLE, PA 17013-1903 JOSHUA S. WEIRICH 240 HENDERSON STREET CARLISLE, PA 17013-2016 KIMBERLY E. WEIRICH 509 HIGHLAND COURT CARLISLE, PA 17013-3924 Phelan Hallinan & DATE: By: Allison F. Wells, Esquire ATTORNEY FOR PLAINTIFF 272944 FIFTH THIRD MORTGAGE COMPANY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. JOSHUA S. WEIRICH, KIMBERLY E. WEIRICH, DEFENDANTS NO. 11-9241 CIVIL ORDER OF COURT AND NOW, this 31s` day of July, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before August 21, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, /Allison F. Wells, Esquire Attorney for Plaintiff VJoshua S. Weirich I/ Kimberly E. Weirich Defendants bas 445 ma..led M. L. Ebert, Jr., J. (Tti rri G -e3 ?r N -1- '_ )LL Y AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PHS # 272944 DEFENDANT SERVICE TEAM/ lxb JOSHUA S. WEIRICH COURT NO.: 11-9241-CIV IL-TERM KIMBERLY E- WEIRICH SERVE JOSHUA S. WEIR>t'CH AT: TYPE OF ACTION 119 A STREET XX Notice of Sheriffs Sale CARLISLE, PA 17013-1903 SALE DATE: September 5, 2012 C **DIVORCED- One cannot accept service for the other** -? - SERVED w iTl r " Served and made known to JOSHUA S. WEIRICH, Defendant on the I "'day of 14A" 20 5 =35 o'clock _P. M., at 111 a STQAET Li 3 S f l Q(? , in the manner described below: G --I - V Defendant personally served. <C3 ys -C "r C:) -*t Adult family member with whom Defendant(s) reside(s). p :X :.*- Relationship is C --,r'r Adult in charge of Defendant's residence who refused to give name or relationship. ?> _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age 365 Height 9,11. Weight 175 Race_ W Sex M Other I, I? onald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: _ 1 l - NAME: T PRINTED NAME: l?_Cr:.C?ii s l? ti31( TITLE: PrOCCSS Server NOT SERVED 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: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 61) 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PHS # 272944 DEFENDANT SERVICE TEAM/ 1xh JOSHUA S. WEIRICH COURT NO.: 11-9241-CIVIL-TERM C:=) KIMBERLY E.-WEIRICH ra SERVE KIMBERLY E. WEIRICH AT: TYPE OF ACTION ' ?a s Sale 509 HIGHLAND COURT • XX Noticg of Sheriff 2012 tember 5 3924 SALE DATE: Se PA 17013 RLISLE ? i , p - , CA **DIVORCED- One cannot accept service for the other** co SERVED Served and made known to KIMBERLY E. WEIRICH, Defendant on the 4-1-day of M +1/ , 201 p ? r- 6; ?f o'clock T. M., at 50q 6-0L&J C7 uttf in the manner described below: W )P° ? Defendant personally served. cTt - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age 2 0 S Height T6 ,. Weight 0 Race W Sex 1- . Other 1. - " " a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r-1 , DATE: -4 ( NAME PRINTED NAME: Ronald Mpll TITLE: Process SCr%,Cr NOT SERVED 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: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnk, Esq., Id. No. 308877 1 Phelan Hallinan & Schmieg,?11?14?' +? QM ??? Zd Allison F. Wells, Esq., Id. -Ago COUNTY 1617 JFK Boulevard, Suite(?aaNNSYLVQNIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff vs. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9241-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August I, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH 119 A STREET CARLISLE, PA 17013-1903 KIMBERLY E. WEIRICH 509 HIGHLAND COURT CARLISLE, PA 17013-3924 DATE: JOSHUA S. WEIRICH 240 HENDERSON STREET CARLISLE, PA 17013-2016 Phelan Hallinan ieg, LLP By: ison Attorney for Plaintiff 272944 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7(100 P' i•V tH~ ff~~ (~ (j 10~ f. ~~ P~HIYS Y~~ k ~~TY ~V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Plaintiff, v. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.:ll-9241-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to I,ienholders 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 attached hSret~,Exhibit "A". Date: ~ /s 6ae1 Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It znav not be sold in the absence of a representative of the >plaintiff at the Sheriff's dale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 272944 ~ Name and Phelan Hallman d: Schmieg, LLP Addrda ~ 1617 JFIC Boukvae'd, Suite 1400 Of Sender One Penn Cents PLu ' PA 19103 A7.IUAEG - Line Article Nuadxr Naae of Add aad Pat OI'Bce Addraa I *~• ADVANTAGE ASSETS, u, nrC. 7322 SOUTHWEST FREEWAY, SUITE 1600 HOUSTON TX 77074 2 rrrr ASSET ACCEPTANCE, LLC 2>1403 VAN DYKB AVENUE WARREN ItQ N093 3 rr.r Aaaet AoeepWa. LLC CIAO David R. Gatbw~ay, ESQ• Pallas Friadmo ~ Gallaeq LLP I30-B GETfYSBURG PK MECHANICSBURG PA 17055 4 rrrr RE: JOSHUA S. WEOIICH CUMBERLAND PIi9117 Tad Nrbcrd Tad lia6r or Pima rbrarar,ltr(Nras of PiaOet ILnd hq Soder Raadwd R Pad OI&e aaa~at Faptoyee) L~ ~. ~~ 50.45 W a L4wr iMaw. ~ •.- N ~a n ~~ n~ ~ttft oe i bo ~ r o~w ~. O~ !A .P Z3 N i ~.+ ~~ ~ B r x ~ ~ cs ~° ¢. ~~ ~' -, a ~ ~ ~ ~~, ~ ~ ~. ~~ -, b ~~ ~~yo^~ a ~=~ ~~ a°~~~~~ ~~~~~"~'y°~ ~ x~ .+ ~ ~ -s ~ tr 7d -s N o ~ "ti7 ~ C" y ~ rr" ~ Y ~ C') ~ ~. qq ~ -a ,.....A ~ ~<aa" m ~~a"n~t~x~C~t~1 Oa ~ o 93 ~ ~ 'C A ~ ~ ~e 9 "'d ee 'd w O ~+ v ~" .a t=J f`1 ti ~ p R ~ o ~m ~y~ y -w~-.~o C':~'b Cr1; •~C1A co is t€ VJ ~ f! ~ O T w < G t! ~ ~ O ~' is ,~y c ~' C~ w "'F ~ ~i"'.J ~ ,+p.Np Uj J ~`~ W't p ~.. JZ~`J "y~l.7! ~.:pro~+ ~ OpO C ~ C N A ~<~bv lh~i ~ ry ~ ""r W ~ r~r ~ W "" ,.. ~ ~ C ,,~, w yd eo i~~r" ~ y ~ ~~ N ~ S ~ n ~ 7yn.r ~ ~~~. w R.~ n r g~• ° ~~~ o. o ~ ,~ ~ y ~, . `~ ~ ~` ~ ~ ~ .e ' ~ ~ r' a C~ ' ~' N y~~V ~ y `SL~1~1ii y V , i A A ~ ~ ~. ~ h c A<. C ~ N ^~ `~~ ~ ~ ~, O G CCC~~~777 -+ =_"g ~ r o t17 'g~'S~ m v °~ ~ n ~ ~ r+ ~^ ~F O ~^ n r9 U~ 6~ - i"d g n F ~ a~~~ ~ ~, ~: ~ a~ ~'d y ~b ~ ~.~~~ m =u a ~~ ~~.~: £~a~ s~ ~~~~. o ~~ ~~ ~ ~~^~~. ~mg~ ' +~ s~s~ ~~.~ a' ~9~~ e ~ `~C o ~. p Sr $.~ ~- ,~ ,~ ._ ~ ~~ m .. ~ .~,.< ,,~~ ~ '. i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JOSHUA S. WEIRICH ~.~, ~ c3 KIMBERLY E. WEIRICH No.: 11-9241-CIVIL~IR1 Defendants ;- c~ ~ `~' ~ tl~' N CD ' %~C~ ~ . C" ""~ ~ ORDER ~~ "~ 3 c a- ~..... AND NOW, this 28 day of Avg , 2012, upon consideration of Plf sw -~ w ~" Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered ~ upon Defendants 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 Interest Through September 5, 2012 Per Diem $21.80 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow to be paid prior to September 5, 2012 Escrow Deficit TOTAL $115,733.84 $13,348.40 $314.70 $1,875.00 $993.00 $189.00 $2,101.30 $2,478.25 $137,033.49 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 272944 'SI~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~' ~~-f=~'~1F~=1C-~ sheriff ~~' TNT Pri~7h`O~(OT't^t~Y ~~ttt+ of ~~~m~~~,~~~~ Jody s smith 1D11 OCT 29 AEI ~~ 5~ Chief Deputy ~ ~. ~, ~ :+ ~ r" Richard W Stewart G~MBER~A~~ ~aU~rY solicitor `~`` ` `_"` ~`~~'~~ PENNSYLVANIA Fifth Third Mortgage Company Case Number vs. Joshua S. Weirich (et al.) 2011-9241 SHERIFF'S RETURN OF SERVICE 06/19/2012 06:35 PM -Deputy Ryan Burgett, 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 119 A Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/19/2012 07:39 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kimberly E. Weirich at 509 Highland Court, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 08/03/2012 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: Joshua S. Weirich, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 119 A Street, Carlisle, PA 17013, defendant could not be located at address provided prior to expiration date. 09/06/2012 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, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation , being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $764.27 SO ANSWER~/S~, +.. V"~r~-+ti"" October 29, 2012 RON R ANDERSON, SHERIFF ~1 ~ ~od P,l • (,~,~ , a-a~pd ~~. SU !.L p/ ~ ~~ay9> ;c; Coun;ySude Sf?er:R, T~!~-osoft: Ir-a. . . FIFTH THIRD M~ItTGAGE COMPANY Plaintiff v. _ JOSHUA S. WEIRICH HIMBERLY E. WEIRICH Defendant(s) . COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9241-CIVIL-TERM CUMBERLAND COUNTY PHS # 272944 AFFIDAVIT PURSUANT TO RULE 3129.1 FIFTH THIRD MORTGAGE COMPANY, 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 119 A STREET, CARLISLE, PA 17013-1903. 1 2 3 Name and address of Owner(s) or reputed Owner(s): Name JOSHUA S. WEIRICH KIMBERLY E. WEIlZICA SAME AS ABOVE Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 119 A STREET CARLISLE, PA 17013-1903 509 HIGHLAND COURT CARLISLE, PA 17013-3924 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. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name'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 119 A STREET CARLISLE, PA 17013-1903 KIMBERLY E. WEH2ICH, 200 NORTH HANOVER STREET C/O BRADLEY L. GRIFFIE, ESQUH2E CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building 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 s penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: helan Hailinart" S ieg, LLP 'ion F. Wells q., Id. No.309519 Attorney for Plaintiff FIFTH THIRD MORTGAGE COMPANY vs. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.:11-9241-CIVIL-TERM JOSHUA S. WEIRICH KIMBERLY E. WEIRICH CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSHUA S. WEIRICH KIMBERLY E. WEIRICH 119 A STREET 509 HIGHLAND COURT CARLISLE, PA 17013-1903 CARLISLE, PA 17013-3924 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED 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 119 A STREET, CARLISLE, PA 17013-1903 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $118,742.69 obtained by FIFTH THIRD MORTGAGE COMPANY (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 maybe 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 Shzr,-if~t s Safe is not stopped, yo~;~r property will be sold to the highest bidder. 't'ou may find out the price bid by calling 215-563-7000. 2. Yo~.i may be a171e to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the ~,~alue of your property. 3. "The sale will go through only if the buyer pays the Sheriff tl~e full amount due in the sale. To find out if this has happencc'., you may call 215-563-7000. 4. If the amount clue from the Buyer is not paid to the Sheriff, ~~ou will remain the u~wne~~ of the property as ii the sale ne~~e~, happened. 5. Yol~ hay°e the right to remain in the property until the fi191 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 ire 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. 'T'his 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 (I 0) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home bacl<, 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 TELEPHONF, THE OFFICE C.ISTED BELOW TO FIND OUT WHERE, YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All that certain house and lot of ground with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on 'A' Street westwardly 52 feet to a point; thence northwardly 150 feet to a point; thence eastwardly 52 feet to a point; thence southwardly 150 feet to the place of beginning. Being bounded on the South by 'A' Street; on the East by a 12 foot alley; on the North by a 16 foot alley and on the West by lot now or formerly of Robert Lackey. BEING improved with a 2 1/2 story aluminum dwelling house. TITLE TO SAID PREMISES VESTED IN Joshua S. Weirich and Kimberly E. Weirich, his wife, by Deed from William G. Yothers and Eileen L. Yothers, his wife, dated 08/22/2005, recorded 08/25/2005 in Book 270, Page 2896. PREMISES BEING: 119 A STREET, CARLISLE, PA 17013-1903 PARCEL NO.06-20-1798-084 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9241-CIVIL-TERM FIFTH THIRD MORTGAGE COMPANY vs. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH owner(s) of property situate in the 5TH WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 119 A STREET, CARLISLE, PA 17013-1903 Parcel No. 06-20-1798-084 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $118,742.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} NO. 11-9241 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY, Plaintiff (s) From JOSHUA S. WEIRICH and KIMBERLY E. WEIRICH (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 garnishees} 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: $118,742.69 L.L.: $.50 Interest from 3/8/12 to Date of Sale ($19.52 per diem) -- $3,552.64 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $239.50 Other Costs: Plaintiff Paid: Date: 4!9/12 David D. Bu 11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 1~'RUE COPY ~ROIVd RECORD In Testimony whereof, I here unto set my hand and the ! ofi said C' ~~~rt at C4disie, P]a!.~ TiIIS Oir ~ 20~ i?rothonotary l1 On May 10, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 119 A Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by -this reference incorporated herein. Date: May 10, 2012 By: `a al Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-9241 Civil Term Fifth 'Third Mortgage Company vs. Joshua S. Weirich Kimberly E. Weirich Atty.: Daniel Schxnieg By virtue of a Writ of Execution NO. 11-9241-CIVIL-TERM, FIFTH THIRD MORTGAGE COMPANY vs. JOSHUA S. WEIRICH KIMBERLY E. WEIRICH owner(s) of property situate in the SUI WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being 119 A STREET, CARLISLE, PA 17013-1903 Parcel No. 06-20-1798-084. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $118,742- .69. 109 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 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. isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 10 da of Au ust 2012 Notary NOTARI DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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 Federal Home Loan Mortgai?e Corporation is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 9th day of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 9241, at the suit of Fifth Third Mortga egg Company against Joshua S. Weirich & Kimberly E. Weirich is duly recorded as Instrument Number 201233356. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~~ ~ day of A.D. ~_ Recorder of Deeds Aeooieer otDeedq, dnix~I~M ~ p~ Mh Conrr~lon Expire the ~t Mondogi din. 20f4 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2o~y'9za1 ~~~"' This ad ran on the date(s) shown below: Fifth Third Mortpa9s Company Vs 07/27/12 Joshua flti IAlelrlch tOmbarty E Wslrkh 08/03/12 Atty: Daniel fichmisg ~ l 08/10/12 By virtue of a Writ of Execution N0. 11-9241-CIVII,=PERM ~ ! r FIFTH THIRD MORTGAGE COMPANY .~ N~~ ~ ^~ ~~ ._... --' .... '. _ .. ... .. .. . vs. JOSHUA S. WEIRICH IQA~iBERLY E. wEIRICH Sworn to and subscribed be~re m tl~i~ 1'7 d~,y f August, 2012 A.D. owner(s) of property situate in the _.... '~.,*_ SUI WARD OF THE BOROUGH ~ ~ ' OF CARLISLE, Cumberland County, ,;° `:, ;.,,~. ~.. _ Pennrylvania, being '` c~. ` (Municipality) Notary Public 119 A STREE'1; CARLISLE, PA 17013- 1903 Pazcel No. Ofr20-1798-084 (Acaea~a~etaddress) ~~`?~1MOIVW"' ;;i- r'~ afVSM NrN<.`: ImproNements them: RESIDENTIAL ' ~''~" t ~ ~ i. DTI'. $118,742.ffl ~~ ~ ;, f ~ ~ a 15 ~ - f ~;y~ ... ., -_ .'tFS