Loading...
HomeMy WebLinkAbout04-4997FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0U - Y497 (2jwi.`- £ DOUGLAS S. RHODES MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 95321 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 95321 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS S. RHODES MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/21/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO HOME MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1748, Page: 2289. By Assignment of Mortgage recorded 12/30/02 the mortgage was assigned to CONSECO FINANCE, CDB which Assignment is recorded in Assignment of Mortgage Book No. 693, Page 90. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 95321 6. The following amounts are due on the mortgage: Principal Balance $117,348.25 Interest 4,983.70 03/01/2004 through 10/01/2004 (Per Diem $23.18) Attorney's Fees 1,225.00 Cumulative Late Charges 286.51 01 /31 /2002 to 10/01/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 124,393.46 Escrow Credit 0.00 Deficit 1,533.17 Subtotal $ 1,533.17 TOTAL $ 125,926.63 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 125,926.63, together with interest from 10/01/2004 at the rate of $23.18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM AND PHELAN "17 - By: s/F 1 . H FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File N: 95321 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at the westerly edge of Colonial Drive at corner of Lot E-12 on the hereinafter referred to plan of lots; thence by said Lot E-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor herein, North 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at comer of Lot E-10 on said plan of lots; thence by said Lot E-10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEGIN NO. 205 COLONIAL DRIVE File #i: 95321 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of I8 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallman , Esquire Attorney for Plaintiff DATE: i() I'0. O V ? 11 1 C> s 7T' ? " CI/) SHERIFF'S RETURN - REGULAR CASE NO: 2004-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RHODES DOUGLAS S ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHODES DOUGLAS S the DEFENDANT , at 1633:00 HOURS, on the 7th day of October , 2004 at 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 by handing to DOUGLAS S RHODES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 14.80 Affidavit .00 Surcharge 10.00 .00 42.80 Sworn and Subscribed to before me this &?? day of (.Jet- a bo y A.D. °® Trothonotary ' So Answers: R. Thomas Kline 10/11/2004 FEDERMAN & PHELAN By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RHODES DOUGLAS S ET AL RONALD KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHODES MICHELLE A the DEFENDANT , at 1633:00 HOURS, on the 7th day of October , 2004 at 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 DOUGLAS S RHODES, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 10/11/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By me this J_?L? day of IYP v aoU`f A.D., 1 •?? ^?r/ Prothonotary Deputy Sheriff FEDERMAN PHEL,AN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY FORT MILL, SC 29715 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 2004-4997 DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS S. RHODES and MICHELLE A. RHODES, Defendant(s) for failure to file an Answer to Plaintiffs 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 $125,926.63 Interest from 10/1/04 to 11/29/04 $1,390.80 TOTAL $127,317.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. µU•ra.Y G I.c? DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE:, /?)nb .3Cn zn ? .f/I .? - k PRO PROTHY FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff Vs. DOUGLAS S. RHODES MICHELLE A. RHODES Defendants TO: DOUGLAS S. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 DATE OF NOTICE: OCTORFR 28, 2004 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY :NO. 04-4997-CIVIL TERM FILE COPY 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 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 /7? FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff Vs. DOUGLAS S. RHODES MICHELLE A. RHODES Defendants TO: MICHELLE A. RHODES 205 COLONIAL DRIVE SIHPPENSBURGPA17257 DATE OF NOTICE: OCTOBER 28, 2004 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 04-4997-CIVIL TERM 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 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RHODES DOUGLAS S ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHODES DOUGLAS S the DEFENDANT , at 1633:00 HOURS, on the 7th day of October 2004 at 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 by handing to DOUGLAS S RHODES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.80 Affidavit .00 Surcharge 10.00 .00 42.80 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 10/11/2004 FEDERMAN & PHELAN By: Deputy Sheriff Prothonotary SHERIFF'S RETURN - xtuutjlax CASE NO: 2004-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RHODES DOUGLAS S ET AL RONALD KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHODES MICHELLE A the DEFENDANT , at 1633:00 HOURS, on the 7th day of October , 2004 at 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 by handing to DOUGLAS S RHODES, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to,before me this day of A. D. So Answers: R. Thomas Kline 10/11/2004 FEDERMAN & PHELAN By: Deputy Sheriff Prothonotary FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-4997 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DOUGLAS S. RHODES is over 18 years of age and resides at, 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257. (c) that defendant MICHELLE A. RHODES is over 18 years of age, and resides at, 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /?le?ntic,? G . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION AL I, THE FOLLOWING described real estate, together with improvcw.nts thereon crectod, tying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as fellows: BEGI N N I NG at the Westerly edge of Colonial Drive at corner of WE-12 on the hereinafter referred to Plan of Ltxa; thence by said Lot F-12, South 79 degrees 39 minutes 0 se wnds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other labels of Grantor herein, North 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at corner of Litt E-10 on said Plan of Lots: thence by said Lot F,10, North 79 degrees 39 minutes 0 seconds Past 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curare to the right with a radius of 175 feet, a chard bearing of South 9 degrees 5 minutes 34 ssec:oWs East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning. c:ominift 15,200 square feet. 13EING Lot E-I l on Subdivision Plan pa-pared by Carl 1). Bert dated February 11, 2OW, entitled 'I and Subdivision for Rine Estates, Phase V' and recorded in Cumberland County, PA, Plan Book $2 Page 13. TITLE TO.SAIU PRFMISFS IS VESTED IN Douglas S. Rhodes and MicheIle A. Rhodes, his wife by Dccd from J. Gary Rine and Virginia B. Ririe, his wife and Damn G. Leine and Loretta L. Rine, his wife, dated U25/2002 and recorded 21612002 in Deed Hook 250 Page: 1478. PROPERTY ADDRESS: 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257 TAX PARCEL: #39-37-2092-127 (v ? n <4`l . N Cn) r 7 S'"il PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 2004-4997 DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/29/04 to MARCH 2, 2005 (per diem -$20.93) $127,317.43 $1,946.49 and Costs TOTAL $129,263.92 DANIEL G. SCHMIEG, E UIlZE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d w? 0 o ; a zz z ww ?? pW xt' A? w ? Uz co a ?a ?? ? wW V H V Zt. 77 C7 V ? ? a? 0 d w ?s L4 t- r- kn kn N N dd as xa as as zz ww xx Un ?n dd 00 00 00 N N b d Cl. - t -?, J LEGAL DESCRIPTION ALL THE F01_1 OWING described real estate, togeth with improvements thereon c.rectod, lying and lxring situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: 6 EGI N N I N G at the Westerly, edge of Colonial Drive at corner of Lot E-12 on the hereinafter referral: to Kan of Lutz,; thence by said Lent L-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pint on linc of other lands of Grantor herein, that by said ether lands of Grantor herein, North 10 degrees, 21 minutes 0 sm.ouds West. 95 feet to an iron pin at comer of Lot E-10 on said Plan of Lots; thence by said. Lot 1, 10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the Westerly side of Colonial Drive: thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87 32 fed to an iron pica at the place of beginning, containing 15,200 square feet. BEING Lot E-1 I on Subdivision Plan prepared by Carl D. Pert dated Pebnjary 11. 2000, entitled "I and Subdivision for Rine l3states, Phase V" and recorded in Cumberland County, PA, Plan Book 82 Page 13. TITI.T: Tt.7_SAID PREMISES IS VESTED IN Douglas S. Rhodes and Michelle A. Rhodes, his wife by Dccd from J. Gary Rini: and Virginia B. Rine, his wife and Darr in G. Rine and Loretta. L. Rine, ltis wife, dated li25120112 and recorded V612002 in Deed Wolf 250 Page 1478, PROPERTY ADDRESS: 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257 TAX PARCEL: #39-37-2092-127 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 044997 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 DOUGLAS S. RHODES AND MICHELLE A. RHODES (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 $127,317.43 L.L. $.50 Interest FROM 11/29104 TO 3/2105 (PER DIEM - $20.93) - $1,946.49 AND COSTS Atty's Comm % Atty Paid $140.80 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 30, 2004 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 CURTIS R. LONG Prothono may: ?,-',?,,P -P Deputy C? pr Supreme Court ID No. 62205 WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-4997 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS S. RHODES MICHELLE A. RHODES Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. November 29, 2004 ) G . - r'Lyu.e DATE DANIEL G. SCHMIEG, ES(UIRE Attorney for Plaintiff ZVI " r " ? ITl ?- t "v k^i .A. c.s WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY No. 2004-4997 November 29, 2004 TO: DOUGLAS S. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,317.43 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 BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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. 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate, together with incprovemrnts thereon erected, tying and 1x:ing situate in Southampton Township, Cumberland County, Pennsylvania, rnore particularly described as follows. REG'INN1NG at the Westerly edge of Colonial Drive at corner of Lcx EE-12 on the hereinafter referred to Plan of Lots; thence by said Lot 6-12, South 79 degrees 39 minutes 0 seconds Nest 160 foot to an iron pint on tine of other lands of Grantor herein; thence by said other lands of Grantor herein, North 10 degree--, 2t minutes 0 swonds West 95 feet to an iron gin at corner of Lot E-10 on said plan of Lots: thence by said Lot F,10, forth 79 degrees 39 minutes O seconds last 160.17 feet to an iron pia on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chard bearing of South 9 degrees 5 minutes 34 seconds Fast 7.6$ feet to a point; thence South 10 degrees 21 .minutes 0 seconds East 87,32 feet to an iron pin at the place of Ixginning, containing 15,200 square feet. BEING Lot E-11 on Subdivision Plan prepared by Earl D. Bert dated February It, 2000, entitled '[And Subdivision for Rine Mates, Phase V' acid recorded in Cumberland County, PA, Plan Book 82 Page 13. TITLE TO SAID PRF,h41SFS IS VESTED IN Douglas S. Rhodes and Michelle: A. Rhodes, his wife by Decd from J. Crary Rine and Virginia H. Rine, his wife and Darin G. Rine and Loretta L. Rine, his wife, dated 112512{Id)2 and recorder) 21612002 in Deed Book 250 Pagc 1478. PROPERTY ADDRESS: 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257 TAX PARCEL: #39-37-2092-127 n ^? ??, .?- ?. ?? ? - . ; > f ."?,? ? ?? -? r7 ? r p ?? .- C? . --? i.... ?? C,.'r f,r .. __..Y? «.? `.n.. ??? FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identifieation No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-4997 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. e?a,?? .P G . a.t1,??? DANIEL G. SCHMIEG, ERQUIRE Attorney for Plaintiff ?p r ? ? AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DOUGLAS S. RHODES MICHELLE A. RHODES CUMBERLAND COUNTY PJT No. 2004-4997 ACCT. #9932862 SERVE DOUGLAS S. RHODES AT 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 2, 2005 SERVED ! Served and made known to ??//??0J 35` 10401S' ?. 004", Defendant, on the 6 V day of e C , 200 31 O ?" Gc \r at o'clock ?.m., at o't Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: _ 1 ,.` a ?asScS Description: Age Height ?o Weight O Race W Sex Other I, iC ???2"'?? ?'' " , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL LUCILLE H. CAl?TY, Not PubNc Sworn to and subscribed Let?tkmny T ? , Fi n Cou before e this da )V. 10, of e-, , 200_7 Notary: By: PLEASE ATTEMPT SERVIC AT LEAST 3 TIMES. IN ICATE DA & ES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: Vacant 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. PJT No. 2004-4997 DEFENDANT(S) DOUGLAS S. RHODES MICHELLE A. RHODES ACCT. #9932862 SERVE MICHELLE A. RHODES AT Type of Action 205 COLONIAL DRIVE - Notice of Sheriffs Sale SHIPPENSBURG, PA 17257 Sale Date: MARCH 2, 2005 f SERVED +(1 Served and made known to ??C Defendant, on the day of e C ' V etuS L ,200 ,at 19"31 o'clock ??V5 CIC50via-` V. ` P m., at ? 1 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. 1 _ Adult family member with whom Defendant(s) reside(s). Name and Relationship is ??lJ a V?0 `? ??? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ?v' S g Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: _ LL o-, t `0S5 S Description: Age F Height ?O Weight I Race "Sex ? Other g C 1 day t wc? ?? 1-1 a competent adult, being duly sworn according, to law, depose and state that I personally handed a true and co ect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. _ Sworn to and su sccried UICRIE?GARTI; pt befor e this - d y Fran MY ?? of CC , .200 Notary: B PLEASE ATTEMPT SERV E AT LEAST 3 TIMES. INDICATE DAT ES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant IS` Attempt: Time: 2nd Attempt:_ Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400, One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No. 04-4997 CIVIL Vs. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s) FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 01/31/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1748, Page 2289. Kindly change the information on the docket. Date: February 17, 2005 Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff a p C-P Wells Fargo Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Douglas S. Rhodes and Writ No. 2004-4997 Civil Term Michelle A. Rhodes Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2004 at 8:53 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Douglas S. Rhodes and Michelle A. Rhodes, by making known unto Michelle Rhodes, personally and adult in charge for Douglas Rhodes, at 205 Colonial Drive, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 10:07 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas S. Rhodes and Michelle A. Rhodes, located at 205 Colonial Drive, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Douglas S. Rhodes and Michelle A. Rhodes, by regular mail to their last known address of 205 Colonial Drive, Shippensburg, PA 17257. These letters were mailed under the date of December 29, 2004 and never returned to the Sheriffs Office. R. Thomas Kline Sheriff, who being duly sworn according to law, states this is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs Docketing 30.00 Poundage 11.26 Advertising 15.00 Posting Bills 15.00 Levy 15.00 Mileage 29.60 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 197.20 Patriot News 198.85 Share of Bills 30.73 $574.14 Sworn and subscribed to before me So w This P4 day of n... _ d- R. Thomas Kline, Sheriff 2005, A.D. Prothonotary BY Jo &Real Estate eputy NVELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2004-4997 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the to) information concerning the real property located at 205 COLONIAL DRIVE, SHIPPEN 17257, 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS S. RHODES MICHELLE A. RHODES Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record property to be sold: Name Last Known Address (if address reasonably ascertained, please ii be on the real None 4. Name and address of last recorded holder of every mortgage of record: Name CONSECO FINANCE CONSUMER DISCOUNT COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and interest may be affected by the sale. Name None Last Known Address (if address cannot reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has the property which may be affected by the sale: Name Last Known Address (if address cannot reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in ibis affidavit are true and correct to the best knowledge or information and belief. I understand that false statements herein are m2 penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 29, 2004 $f),,, DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff interestin personal ect to the WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY No. 2004-4997 November-29,2004 TO: DOUGLAS S. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR T HAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCH RGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CON RUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY* Your house (real estate) at 205 COLONIAL DRIVE SHIPPENSBURG PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumbe land County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 1127,317.43 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event th sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rul 31293. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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 ay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to st ke or open the judgment, if the judgment was improperly entered. You may also ask the ourt to postpone the sale for good cause. 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 m you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest 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 inadequate compared to the value of your property. chance You may 3. The sale will go through only if the buyer pays the Sheriff the full amount due i? the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proce you. 6. You may be entitled to a share of the money which was paid for your house. distribution of the money bid for your house will be filed by the Sheriff within 30 days schedule will state who will be receiving that money. The money will be paid out in ac this schedule unless exceptions (reasons why the proposed distribution is wrong) are fi. Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It n in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale postponed or stayed in the event that a representative of the plaintiff is not pres CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE of the Sheriff to evict schedule of he sale. This dance with with the if you act NOT HAVE LISTED st be at the sale. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THE FOLLOWING describer) real estate, together with itrtprovetnerts thereon crectcd, tying and being situate in Southampton Township, Cumberland County, Pennsylvania, more, particularly described cts follows: BEGINNING at the Westerly edge of Colonial Drive at corner of Lot E-12 on rite hereinafter referred to Plan of Lots; thence by said Lot 8-12, South 79 degrees 39 minutes 0 sewnds West 160 feet to an iron pin on litre of other lands of Grantor herein; thence by said other lairds of Grantor herein, North 10 degrecs 21 minutes 0 seconds West 95 feet to an iron pin at corner of Lot E-10 on said Plan of Lots; thence by"Lot E-10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds Fast 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87 32 feet to an iron pin at the place of beginning. Containing 15,200 square feet. BEING Lot E-II on Subdivision Plan prepared by Carl D. Bert dated February J1, 2000, emitted 01.and Subdivisions for Rine Estates, Phase V" mid recorded in Cumberland County, PA, Plan Book 82 Page 13. TITLE TO SAID PRFMISFS IS VESTED IN Douglas S. Rhodes and Michelle A. Rhodes, his wife by Dccd from J. Gary Rine and Virginia B. Rine, his wife and Darrin G. Rine and Loretta L. Rine, his wife, dated 1125120M and recorded V612002 in Deed Book 250 Page 1478. PROPERTY ADDRESS: 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257 TAX PARCEL: #39-37-2092-127 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4997 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DOUGLAS S. RHODES AND MICHELLE A. RHODES (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 I paying any debt to or for the account of the defendant (s) and from delivering any property of the defen (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 garnishee and is enjoined as above stated. Amount Due $127,317.43 L.L. $.50 Interest FROM 11/29/04 TO 3/2/05 (PER DIEM - $20.93) - $1,946.49 AND COSTS Any's Comm % Arty Paid $140.80 Plaintiff Paid Date: NOVEMBER 30, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale #31 On December 02, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 205 Colonial Drive, Shippensburg, more fully described on Exhibit "A" CUI filed with this writ and by this reference incorporated herein. ' Date: December 02, 2004 By j- ( JJ JN?1,G? Real Es e Deputy 10 b d 1- X30 hOUl t18 'XiNil03GWq W'AiV 413 331a3HS 3H1 30 331 330 REAL ESTATE SALE NO. 31 Writ No. 2004-4997 Civil Wells Fargo Bank, N.A. VS. Douglas S. Rhodes and Michelle A. Rhodes Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THE FOLLOWING described real estate, together with improve- ments thereon erected, lying and being situate in Southampton Town- ship, Cumberland County, Pennsyl- vania, more particularly described as follows: BEGINNING at the Westerly edge of Colonial Drive at corner of Lot E- 12 on the hereinafter referred to Plan of Lots; thence by said Lot E- 12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor herein, North 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at corner of Lot E-10 on said Plan of Lots; thence by said Lot E-10, North 79 degrees 39 min- utes 0 seconds East 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEING Lot E-11 on Subdivision Plan prepared by Carl D. Bert dated February 11, 2000, entitled "Land Subdivision for Rine Estates, Phase V" and recorded in Cumberland County, PA, Plan Book 82 Page 13. TITLE TO SAID PREMISES IS VESTED IN Douglas S. Rhodes and Michelle A. Rhodes, his wife by Deed from J. Gary Rine and Virginia B. Rine, his wife and Darrin G. Rine and Loretta L. Rine, his wife, dated 1/25/2002 and recorded 2/6/ 2002 in Deed Book 250 Page 1478. PROPERTY ADDRESS: 205 Co- lonial Drive, Shippensburg, PA 17257. TAX PARCEL: 439-37-2092-127. REAL ESTATE SALE No. 31 Writ No. 2004-4997 CiviiTerm Wells Fargo Bank, N.A. Vs Douglas S. Rhodes and Michelle A. Rhodes Atty: Daniel Schmeig DESCRIPTION ALL TBE FOLLOWING de- robed real estate, together with improvements thereon erected, ly-ing ad being situate in South-amptou Township, Cumberland County, Pennsylvania, more par-ficulacly described as follows: BEGINNING at the Westerly edge of Colonial Drive at comer of Lot E-12 on the herein- after refer ed to Plan of Lots; thence by said Lot: &12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor berem, North 10 degrees 21 minutes 0 sec-onds West 95 feet to an iron pin at corner of Lot E•10 on said Plan of Lots; thence by said Lot E-10, North 79 degrees 39 minutes O seconds Fast 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 sec- onds Fast 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEING Lot E-11 on Subdivision Plan pre- pared by Cad D. Ben deed February 11, 2000, entitled lfand Subdivision for Rine Estates, Phase Vi and re corded in Cumberland County, PA, Plan Book 82 Page 13. TLTLE TO SAID premises is vested in Douglas S. Rhodes and Mrchelle A. Rhodes, his wife, by Deed from J. Crary Rine and Yrr--g im B. Rine, his wife, and Damn G. Rine and Loretta L. Rine, his wife, dated 1125/2002 and recorded 2/6/ 2002 in Deed Book 250 Page 1478. PROPERTY ADDRESS; 205 Colonial (hive, Shippensburg, PA 17257. Tax Parcel #3937-2092-127. r-. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). No. 04-4997 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' 1 cost Interest from 11/30/04 to SEPTEMBER 5, 2007 (per diem -$24.42) TOTAL $ 127,317.43 $ 5,637.00 $ 24,664.20 costs $ 157,618.63 JYV ANIEL G. SC MI SQUI One Penn Center at Suburban St f o 1617 John F. Kennedy Boulevar i te 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. i IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w? O? d? W >+ a? wz ?W w OH Uz 00 U ?A O? V? H A z? d z z G7 w a W 3 ww AA o° ?d as c? x A ? O V ? w? w? O ? H ? o w o? a? W w V r u.a C C-i Ll w IlU O r t` N N dd ww ?D AA zz ww ow ow ow 44 xx WW AA 00 00 N N d b I zz? V \MJ.9 U • I '1 K ALL THE FOLLOWING described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at the Westerly edge of Colonial Drive at corner of Lot E-12 on the hereinafter referred to Plan of Lots; thence by said Lot E-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor herein, North 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at corner of Lot E-10 on said Plan of Lots; thence by said Lot E-10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEING Lot E-11 on Subdivision Plan prepared by Carl D. Bert dated February 11, 2000, entitled "Land Subdivision for Rine Estates, Phase V" and recorded in Cumberland County, PA, Plan Book 82 Page 13. Tax Parcel #39-37-2092-127 TITLE TO SAID PREMISES IS VESTED IN DOUGLAS S. RHODES AND MICHELLE A. RHODES, HIS WIFE DEED FROM J. GARY RINE AND VIRGINIA B. RINE, HIS WIFE AND DARRIN G RINE AND LORETTA L. RINE, HIS WIFE, DATED 1/25/2002 AND RECORDED 2/6/2002 IN DEED BOOK 250 PAGE 1478 PREMISES IS BEING: 205 COLONIAL DRIVE SHIPPENSBURG, PA 17527 PENNSYLVANIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4997 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 DOUGLAS S. RHODES AND MICHELLE A. RHODES (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 $127,317.43 L.L. Interest FROM 11/30/04 TO 9/5/07 (PER DIEM - $24.42) - $24,664.20 COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $736.44 Other Costs $5,637.00 Plaintiff Paid Date: JUNE 5, 2007 ZeurtA R. Lon , Prothonotary (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4997 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ES ' Attorney for Plaintiff C --n 71 am J ' V'2 _ J + WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4997 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS S. RHODES MICHELLE A. RHODES Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO, N.A. 3476 STATEVIEW BLVD. FORT MILL. SC 29715 r Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 SECRETARY OF HOUSING AND URBAN 451 7TH STREET DEVELOPMENT SOUTHWEST WASHINGTON, DC 20410 SFJV 2003-1, LLC 7457 TH AVENUE 5TH FLOOR NEW YORK, NY 10019 LARRY D. LASHINSKY AND KAREN V. LASHINSKY ROUTE 220 NORTH JUNIATA STREET HOLLIDAYSBURG, PA 16648 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 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. Sec. 4904 relating to uns,,Aprn falsification to authorities. June 4, 2007 DATE G. SCHMIEG, ES Attorney for Plaintiff ? r-.) p - rj ? - . F - rn T! N crt WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. No. 04-4997 CIVIL DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). June 4, 2007 TO: DOUGLAS S. RHODES MICHELLE A. RHODES 205 COLONIAL DRIVE 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 "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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 148,550.31 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 RIGHT'S YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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. You may also be able to stop the sale through other legal proceedings. I 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THE FOLLOWING described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at the Westerly edge of Colonial Drive at corner of Lot E-12 on the hereinafter referred to Plan of Lots; thence by said Lot E-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor herein, North. 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at corner of Lot E-10 on said Plan of Lots; thence by said Lot E-10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the Westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEING Lot E-11 on Subdivision Plan prepared by Carl D. Bert dated February 11, 2000, entitled "Land Subdivision for Rine Estates, Phase V" and recorded in Cumberland County, PA, Plan Book 82 Page 13. Tax Parcel #39-37-2092-127 TITLE TO SAID PREMISES IS VESTED IN DOUGLAS S. RHODES AND MICHELLE A. RHODES, HIS WIFE DEED FROM J. GARY RINE AND VIRGINIA B. RINE, HIS WIFE AND DARRIN G. RINE AND LORETTA L. RINE, HIS WIFE, DATED 1/25/2002 AND RECORDED 2/6/2002 IN DEED BOOK 250 PAGE 1478 PREMISES IS BEING: 205 COLONIAL DRIVE SHIPPENSBURG, PA 17527 PENNSYLVANIA n ? b - i r T ci > cry PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff : Civil Division vs. Douglas S. Rhodes Michelle A. Rhodes : Cumberland County : No. 04-4997 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 October 4, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "All. 2. Judgment was entered on November 30, 2004 in the amount of $127,317.43. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 205 Colonial Drive, Shippensburg, PA 17257 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 05-00023 on January 3, 2005. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated May 9, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. 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 $114,525.68 Interest Through 09/05/07 12,602.52 Per Diem $22.75 Late Charges 217.03 Legal fees 2,475.00 Cost of Suit and Title 1,927.50 Sheriffs Sale Costs 574.14 Property Inspections 335.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,284.15 TOTAL $13411941.02 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. $. 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. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 10. 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 Defendants on July 13, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. 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 & Sc 'eg, LLP By: Michele M. Bradford, Es ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff : Civil Division VS. Douglas S. Rhodes Michelle A. Rhodes Cumberland County : No. 04-4997 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants 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 205 Colonial Drive, Shippensburg, PA 17257. The Mortgage indicates that in the event 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, 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants 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 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Villa e 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 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. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road 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). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. 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: ?C , LLP Mrenran By: d, E ire e ttorney for Plaintiff A Exhibit "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff DOUGLAS S. RHODES MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?? - 17 Q7 1.1 V rr`? ? 1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. We hereby certify the within to be a true and correct copy of the original filed &' record -E?JER^R? PyELAN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 -LAN File #: 95321 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fite #: 95321 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS S. RHODES MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/21/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO HOME MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1748, Page: 2289. By Assignment of Mortgage recorded 12/30/02 the mortgage was assigned to CONSECO FINANCE, CDB which Assignment is recorded in Assignment of Mortgage Book No. 693, Page 90. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 95321 16. The following amounts are due on the mortgage: Principal Balance $117,348.25 Interest 4,983.70 03/01/2004 through 10/01/2004 (Per Diem $23.18) Attorney's Fees 1,225.00 Cumulative Late Charges 286.51 01 /31 /2002 to 10/01/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 124,393.46 Escrow Credit 0.00 Deficit 1,533.17 Subtotal $ 1,533.17 TOTAL $ 125,926.63 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged- 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 125,926.63, together with interest from 10/01 /2004 at the rate of $23.18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAJ? AND PHELAN By. /s/F rs . Ha`tfi FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95321 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at the westerly edge of Colonial Drive at corner of Lot E-12 on the hereinafter referred to plan of lots; thence by said Lot E-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor herein; thence by said other lands of Grantor herein, North 10 degrees 21 minutes 0 seconds West 95 feet to an iron pin at corner of Lot E-10 on said plan of lots; thence by said Lot E-10, North 79 degrees 39 minutes 0 seconds East 160.17 feet to an iron pin on the westerly side of Colonial Drive; thence on a curve to the right with a radius of 175 feet, a chord bearing of South 9 degrees 5 minutes 34 seconds East 7.68 feet to a point; thence South 10 degrees 21 minutes 0 seconds East 87.32 feet to an iron pin at the place of beginning, containing 15,200 square feet. BEGIN NO. 205 COLONIAL DRIVE He #: 95321 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. 2S Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: U i • Exhibit "B" a A&ftj G.,ac? DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA D. DATE: a.60y PRO PROTHY FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY FORT MILL, SC 29715 COURT OF COMMON PhbAS o c_ 0 n Plaintiff, y CIVIL DIVISION fT- r o v.?_ 1 rY NO. 2004-4997 a r DOUGLAS S. RHODES MICHELLE A. RHODES 1..1 - i Ti j 4 77 Defendant(s). r¢4. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS S. RHODES and MICHELLE A. RHODES, Defendant(s) for failure to file an Answer to Plaintiffs 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 Interest from 10/ 1 /04 to 11/29/04 TOTAL $125,926.63 $1,390.80 $127,317.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. i Exhibit "C" It I& IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Douglas S. Rhodes and Michelle A. Rhodes Debtors Chapter 13 Bankruptcy No. 105-00023 MDF Douglas S. Rhodes and Michelle A. Rhodes Movant V. Wells Fargo Bank, N.A. Respondent ORDER UPON CONSIDERATION OF Debtors' Motion to Reinstate the Stay and Respondent's Answer thereto, it is hereby ORDERED that Debtors' Motion to Reinstate the Stay is denied in its entirety. No automatic stay is in place as of May 8, 2007. By Me r OMI, 71 Dated: May 9, 2007 P judge This document is electronically signed and f led on the same date. 3 % Exhibit "D" w • PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire July 13, 2007 Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 Representing Lenders in Pennsylvania and New Jersey RE: Wells Fargo Bank, N.A. vs. Douglas S. Rhodes and Michelle A. Rhodes Premises Address: 205 Colonial Drive, Shippensburg, PA 17257 Cumberland County CCP, No. 04-4997 Civil Term Dear Defendants, 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 Wednesday, July 18, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Mle yo d rd, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure d W 7 0 6 6 1 3000 d1Z Woa3 0'311V O t Cj?£?d OLOBM7000 zo O Mas ??sods?d` t?I V ? Q? G Q ? U b 'n ? o N d ? Opt' O W d r .?w d?V-1 V .?+ C w ? N L ?' 0 a O. O .v O- g A 7 v O yy C O G .+ Vp u w 'O p Go G O =' y4 y 7 v w V] c A R O y s C O d O ? -.0', 0 e C ,?qq r -C C 3 u W "oc y ?pq ??? v e0 C ai ?-+ u ° , t v v U V ^? O oo v 0 O V y?y rr en r? y;.,oac m G a 0 Z a T O O Y¢V aO O ? d 12 p u I f~ ce o? ?a Z ? N oo s ! ? • VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: B is ele r , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff : Civil Division vs. Douglas S. Rhodes Michelle A. Rhodes : Cumberland County : No. 04-4997 Civil Term Defendants 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. Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 ATE: - DATE:- P an Hallinan & c ieg, LLP Plan B: i he e . Bra or , Esquire Attorney for Plaintiff .._, fr-, L? ?? , ,c"?t a _ ---? c ?,-? ?.- h?? - - ,?..,? { .? [ `1 , !'-) .. a '"'1 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 19, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Wells Fargo Bank, N.A. vs. Douglas S. Rhodes and Michelle A. Rhodes Cumberland County CCP, No. 04-4997 Civil Term Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. e truly yours, Mi el M. Br d rd, squire For Phelan Hallinan & Schmieg, LLP Enclosure cc: Douglas S. Rhodes Michelle A. Rhodes JUL 842007p+d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. VS. Douglas S. Rhodes Michelle A. Rhodes Plaintiff Defendants RULE Court of Common Pleas : Civil Division Cumberland County : No. 04-4997 Civil Term AND NOW, this Z L. • day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable ain . a. 'Go"room of the G Mic ,We M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford&fedphe.com uglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 1 A RT 7xz C J. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. CQS No. 04-4997 CIVIL DEFENDANT(S) DOUGLAS S. RHODES MICHELLE A. RHODES ACCT. #95321 SERVE MICHELLE A. RHODES AT Type of Action 205 COLONIAL DRIVE - Notice of Sheriffs Sale SHIPPENSBURG, PA 17257 Sale Date: SEPTEMBER 5, 2007 A le w SERVED Served and made known to lew ye Ai- xk 6AQ 5 , Defendant, on the ?-G47' day of ja k Q , 200 , at o'clock ?.m., at k_5 C1 V. to l ??r • 1 ? ??ems 61 Y9 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. 1 ?, r Sf_ -Adult family member with whom Defendant(s) reside(s). Name and Relationship is 1'f D Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _4-L Height Weight 1 1 ; Race W Sex AA Other I, R Nab !° 1 6 L'L- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. bef re a th' of 0 " By: ? E kYft 1T?T S_tIf'1UE A'_LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE PATRICIA E. HARRIS NOT SERVED 3rd Attempt: Time: ATTEMPTED. State o; :yew Jersey Commission Expires June 16, 2008 On the day of 200_, at o'clock _ m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1$` Attempt: Time: 2°d Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 a?? C7 q ? ? LU C- C= CwS AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) DOUGLAS S. RHODES MICHELLE A. RHODES SERVE DOUGLAS S. RHODES AT 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY CQS No. 04-4997 CIVIL ACCT, #95321 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to 3)Ot?gl S S . T hLA25 , Defendant, on the 2 &+(- day of 1.t 200-7 at t : o'clock .?.m., at of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerlClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age AL! Height S% I V Weight 19-'? Race W Sex M Other Commonwealth I, ?Le*_ b D L'( a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. V ?f v W ,µ V befoela thi ay of 200 J NO By: /l/ iw__ - tD/Z/A 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. f PATR+viA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200 . Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 r-a C, G W ` w ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4997 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 205 COLONIAL DRIVE SHTPPF,NSAI JRQ, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 409 ti e'er DANIEL G. SC MIEG, SQUIRE Attomey for Plaintiff Date: Tilly 11, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsenre of n representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 95321 90 46 L 3WOCAZ Woai Gallyri t ooz so Nnr o m at ooo mw ...w w ? O All, cf? N N ?? 3 .15 O H cn O ? ? W A g o ? ? V z > O .o+ P d U U ?U V U v, cn e? ci N °° v' w v t7 O A A 4 0 0 A Q ??? wz o a tea. a f ?? Q c? ? d ¢ ?' x CA 0 U Ss. ;? ? ? O ? W ? p, a rn 4 Z ° Q Q a o o' ?3 a?j...a m E 3 r &OD zoo [> C= C d Cam.., n?r-n... CA) .; r c 5 M . C- cn w PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Douglas S. Rhodes Michelle A. Rhodes Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 04-4997 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Rule dated July 26, 2007 was sent to the following individual on the date indicated below. Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 LLP DATE: s Laic By: Esquire Attorney C-) r-` 1E Mob M O C C0 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Douglas S. Rhodes No. 04-4997 Civil Term Michelle A. Rhodes Defendants MOTION TO MAKE RULE ABSOLUTE Wells Fargo Bank, N.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 23, 2007. 3. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 2, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP Mi hel MWBradfbr"squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Douglas S. Rhodes Shippensburg, PA 17257 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 04-4997 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 23, 2007. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 2, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. & SCHMIEG, LLP F Date CM chele . Brad r Esquire Attorney for the Plaintiff Exhibit "A" iUL $4205-111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff vs. Douglas S. Rhodes Michelle A. Rhodes Defendants : Court of Common Pleas : Civil Division Cumberland County : No. 04-4997 Civil Term ULE AND NOW, this day of 007, a Rule is entered upon the Defendants to show cause why an Order should not bee ed granting Plaintiff's Motion to Reassess Damages. Rule Returnable 20 d? 0,PeRSeRv_1(2.C e, atrts urg, Pennsylvania. BY THE URT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(Wf dphe.com Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 95321 Exhibit "B" 1' Tology FILE COPY KME RETURN PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff vs. Douglas S. Rhodes Michelle A. Rhodes Defendants L o 0 -n ? ?r ?- J A mr; c m-n ? C_- a M ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 04-4997 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Rule dated July 26, 2007 was sent to the following individual on the date indicated below. Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 LLP DATE: 8 kic By: Attorney .for PWti Esquire Am FILE copy o RETUR VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsi4aft?ion of authorities. Da e Attorney for Plaintiff uire PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Douglas S. Rhodes Michelle A. Rhodes Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 04-4997 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Douglas S. Rhodes Michelle A. Rhodes 205 Colonial Drive Shippensburg, PA 17257 DATE: h an 11' c P By: Mic ele M. Brad ftrd,uire Attorney for Plaintiff n?rr?ti C-' t? AVG $ 82w o? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff VS. Douglas S. Rhodes Michelle A. Rhodes Defendants : Court of Common Pleas Civil Division : Cumberland County : No. 04-4997 Civil Term ORDER AND NOW, this 31 day of 4T_ _ I , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is odered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 09/05/07 Per Diem $22.75 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $114,525.68 12,602.52 217.03 2,475.00 1,927.50 574.14 335.00 0.00 0.00 0.00 a -c, © ?- ', ? Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 2,284.15 $134,941.02 Plus interest from 09/05/07 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. 95321 VI #°NNAIASNIN Ano i ? :z t48 is snVLOOZ AMON:,A°I.;.? id 3Nl J'C Wells Fargo Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Douglas S. Rhodes and Michelle A. Rhodes Writ No. 2004-4997 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 18.07 Posting Handbills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 366.83 Share of Bills 15.69 Postpone Sale 40.00 $ 921.79 ? So Answers: R. Thomas Kline, Sheriff B Real Estate ergeant / l 1 e/b P q, u2 C as 3 ?y ?0 33r? WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DOUGLAS S. RHODES CIVIL DIVISION MICHELLE A. RHODES NO. 04-4997 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS S. RHODES MICHELLE A. RHODES Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO, N.A. 3476 STATEVIEW BLVD. FORT MILL. SC 29715 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 SECRETARY OF HOUSING AND URBAN 451 7TH STREET DEVELOPMENT SOUTHWEST WASHINGTON. DC 20410 SFJV 2003-1, LLC 745 7TH AVENUE 5TH FLOOR NEW YORK, NY 10019 LARRY D. LASHINSKY AND KAREN V. ROUTE 220 NORTH JUNIATA STREET LASHINSKY HOLLIDAYSBURG, PA 16648 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County Commonwealth of Pennsylvania 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Department of Welfare Harrisburg, PA 17105 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. Sec. 4904 relating to uns m falsification to authorities. June 4, 2007 ? DATE DANIEL G. SCHMIEG, ESQUI - Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. DOUGLAS S. RHODES MICHELLE A. RHODES Defendant(s). CUMBERLAND COUNTY No. 04-4997 CIVIL June 4, 2007 TO: DOUGLAS S. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 MICHELLE A. RHODES 205 COLONIAL DRIVE SHIPPENSBURG, PA 17257 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. *- Your house (real estate) at, 205 COLONIAL DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of S 148,550.31 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 BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ` WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-4997 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK N.A., Plaintiff (s) From DOUGLAS S. RHODES AND MICHELLE A. RHODES (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 $127,317.43 L.L. Interest FROM 11/30/04 TO 9/5/07 (PER DIEM - $24.42) - $24,664.20 COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $736.44 Other Costs $5,637.00 Plaintiff Paid Date: JUNE 5, 2007 s R. Long, Prothonotary (Seal) Y .. P 1>171 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 (a? Real Estate Sale # 67 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 205 Colonial Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: Ilo? ?i? Real Estate Sergeant 01 c. 9- taiV Igji .J?w A 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 11 SALE #67 MMt 1 900wf?+w? Sworn to and subscribed b?iDO1t?I?1RI?1Fd?k2AOnAA.D. W* llnMa*oft114A r r - ?? Notar a! Seal A.J*4pdo wry !` r'' ri° _ ?s ,r• i..cunty Aft OrrlTif Sdttt x' My ( ?mr 1?;,c . t J• rh 2010 ., M Lrr. F, ?;.? r I of Notaries a, I ALL'THE MLOVYM dm abed mW awls in NOT &Y PUBLIC To+routilP ied` . a ilk .?? as[ogb+at . re of Coloeial .. Dave at coma of 12 on .l CUMBERLAND COUNTY SHERIFF'S OFFICE id?ed if+:P1m I.n? ttr b! CUMBERLAND COUNTY COURTHOUSE -12;SOA79 dWtd39 ampOM0;t? lieu I CARLISLE, PA. 17013 i6&faet M im pic? & I ' (i=Mr Wmoik xedh 18 &FM 1 400YIo-Q "xwai wet 0 he as ao ima *4 of Lot &18 a and Phi of L^ *w= to wm No& 79 *00 iii wi?taa 1 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: July 20, July 27, and August 3, 2007 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. REAL. ESTATE SALE NO. 67 Writ No. 2004-4997 Civil Wells Fargo Bank, N.A vs. Douglas S. Rhodes and Michelle A. Rhodes Atty.: Daniel Schmieg DESCRIPTION ALL THE FOLLOWING described real estate, together with improve- ments thereon erected, lying and being situate in Southampton Town- ship, Cumberland County, Pennsyl- vania, more particularly described as follows: BEGINNING at the Westerly edge of Colonial Drive at corner of Lot E-12 on the hereinafter referred to Plan of Lots; thence by said Lot E-12, South 79 degrees 39 minutes 0 seconds West 160 feet to an iron pin on line of other lands of Grantor __herein- Shence hv-vaid- other land4. of r_k tararie Coyne, Egtitor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 A Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 It 215-563-7000 -2 WELLS FARGO BANK, N.A. Plaintiff vs DOUGLAS S. RHODES MICHELLE A. RHODES Defendant TO THE PROTHONOTARY: i i13 ? B -Wffiinbn Pleas • NNSYLVA.NiA Civil Division : I CUMBERLAND County : I No. 04-4997 CIVIL TERM PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: ?s PHELAN ALLiNAN & S EG, LLP B• Lawrence T. Phelan, Esq., Id. o. 32227 Francis S. Hallinan, Esq., Id. No. Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 PHS# 95321 Attorneys for Plaintiff 0"? ? 9. s?pd ar+y Ckt? us906LJ PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff vs DOUGLAS S. RHODES MICHELLE A. RHODES Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 04-4997 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff 7s Praecipe was served by regular mail to the person(s) on the date listed below: COLIN FITCH, ESQUIRE MARRINER JONES & FITCH 800 WASHINGTON TRUST BUILDING WASHINGTON, PA 15301 Date: By Lawrence T. Phelan, Esq., Id. No. 32-a27-' Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq.. Id. No. 202331 Jay B. Jones, Esq.. Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq.. Id. No. 309519 William E. Miller. Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 30891 Attorney for Plaintiff