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HomeMy WebLinkAbout12-4163 .41 PO-OFFICE rli-OTNONOTARY 2012 JUL -5 AM 10' 38 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA 17013-1967 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM la,L41641 6-V NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 301964 aOLk t.16 cAr4t ?5-o a+l? s amp ?stilo NOTI(T. You have been sued in Court. Ifyou vvish to defend against the claims set torth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are sera ed by entering a written appearance personally or by attorney and tiling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that i N ou tail to do >o, the case may proceed without you, and a judgment may be entered against yo by the Court without further notice for any money claimed in the Complaint or 16r any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to You. YOLJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVF A L \k7YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOw'. THIS OF171( 1-1 CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A L.-yW),ER IF Y01 ' CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 11F ABLE TO 1_11ZOV11)L YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SLRN'IC'I?:S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F EL. CUMBERLAND COUNTY A fTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 I.IBFWIN AVFNUF CARLISLE, PA 17013 (;! 17) 219-3166 (800) 990-9108 hlc# 01964 I . PIaintiffIS W1 I,I.S FARGO BANK. N.A, X476 Sl'ATI-XIFW BOULEVARD FOR"I MILL. SC 29715 2.fhe name(s) and tast known address(es) of the Defendant(s) are: W I1.1 IAM I I. W1IlTTAKER. IR FRACY F. RAYMOND 6-2-51\0R I I I WEST STKEF.T C,\RI.ISI.F. PA 17013-1967 v ho is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01)-? 1/2007 WILLIAM 1-1. WHI"1 TAKER, IR and TRACY E. RAYMOND made. cxc cutcd and delivered a mortgage upon the premises hereinafter described to MOR 1'GAGF ELECTRONIC REGISTRATION SYSTEMS. INC. AS A NOMINEE: FOR \MTRUS'FRANK which mortgage is recorded in the 011ice of the Recorder of Dccd:; of CUMBERLAND County, in Mortgage Instrument No. 200737132. By 1ssTiiinent of Mortgage recorded 04/09/2012 the mortgage was assigned to ITAINTIh \,vhich Assignment is recorded yin Assignment of Mortgage Instrument No. 201210072. '['lie mortgage and assignment(s). if any, are natters of public record and are incorporau herein by rcfcrence in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plai ni i ff from its obligations to attach documents to pleadings i f those d0cU111e11ts are of public record. 4, The premises subject to said mortgage is described as attached. 111,? - ;0 N6r 5 6 Hie mortgage is in default because monthly payments of'principal and interest upon mortgage due 03/01 /2012 and each month thereafter are due and Unpaid. and by the t( ofs? id mortgage. upon failure of Mortgagor to make such payments afier a date speci b,, written notice sent to Mort(-,-agor. the entire principal balance and all interest dale thereon are collectible forthwith. fine following amounts are due on the mortgage: Principal Balance $133.871 .12 Interest through 06/19!2012 $3.265.63 I.atc Charges $ 394.66 Properly Inspections $175.00 t-arrow Balance ($721.32 ) Suspense Balance (S-)17.72) IOTA L S 136,667.37 7 IX Plat 1111 If is not seeking a judgrrlent of personal liability (or an in personam judgment) af-).ainsl the Defendant(s) in the Action; however. Plaintiff reserves its right to bring a scpar?ltc Action to establish that right. if such right exists. If Defendant(s) has%havc received a discharge of personal liability in a bankruptcy proceeding. this Action of MoriL,ao c Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy. but only to foreclose the mortgage and sell the mortgaged pr,cmi?cs pursuant to Pennsylvania Law. N0,11c, ol' Intention to Foreclose as set forth in Act 6 of' 1974 and/or Notice ol'Delault rcaluir?,l by the mortgage document. as applicable. have been sent to the Defendant(s) the die(s) set forth thereon. s Filet ;oIw,1 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $136,667.37, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLIN_A FsCHMIEG, LLP By: ?Allison F. VV'61P -Ssq., Id. No. 309519 Attorney for Plaintiff File 4: 301964 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike at the intersection of the Eastern line of sixty (60) feet wide North Wiest Street with the Northern line of a sixteen (16) feet wide public alley; thence along the Eastern line of said sixty (60) feet wide North West Street; North 16 degrees East, a distance of thirty!- five (35) feet to a spike; thence along line of land formerly of the heirs of David Lesher, deceased, later of Samuel Heberling, and now or formerly of Forrest E. Nousbaum, South 74 degrees East, a distance of one hundred ninety (190) feet to a stake on the Western line of a sixteen (16) feet wide public alley; thence along the Western line of said sixteen (16) feet wide public alley, South 18 degrees West, a distance of thirty-five (35) feet to a stake on the Northern line of a sixteen (16) feet wide public alley; thence along the Northern line of said sixteen (16) feet wide public alley, North 74 degrees West, a distance of one hundred ninety (190) feet to n spike on the Eastern line of said sixty (60) feet wide North West Street, the Place of BEGINNING. CONTAINING thirty-five (35) feet in front along the Eastern line of said sixty (60) feet wide' North West Street and extending Eastwardly therefrom at an even width a distance of one hundred ninety (190) feet to the Western line of sixteen (16) feet wide public alley, and having thereon erected a two and one-half story brick and frame dwelling house known as and number 625 North West Street. UNDER AND SUBJECT as aforesaid. PROPERTY ADDRESS: 625 NORTH WEST STREET, CARLISLE, PA 17013-1967 PARCEL # 06-20-1798-020. 032-PA-V3 PHS: 301964 VERIFICATION Karina Aguirre, hereby states that he she s Vice President Loan Documentation of WCLLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff inl this matter, that he o, authorized to make this Verification, and verity that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi, her formation and belief. The undersigned understands thaf this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tinswori7 falsification to authorities. I)ATC: ?????? Name Karina A)uirrc Title: Vice President Loan DocunIent (0-1-111A-\ 3 I-ile 4 PHS: ]30196/1 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) c.y n vs. C W Z C- ? 7 r - WILLIAM H. WHITTAKER, JR C.r- t mp TRACY E. RAYMOND t' -< !ZC5 3 ?q _n Defendant(s) ivil •- xo C-:? NOTICE OF RESIDENTIAL MORTGAGE FORECLOS~ .. C:;' . DIVERSION PROGRAM, '7 You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may bye abl to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation con ere ce, First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 213-940( extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charg toy you. Once you have been appointed a legal representative, you must promptly meet with that legal representative with in twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with al requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and yo r le al representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days o the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with our lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confe enc is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out re son bl arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Awls, Esq. 309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program' Financial Worksheet I)ate Cumberland County Court of Common Pleas Docket # 110RR0 wI R RI?QUI-S"I' FOR HARDSHIP ASSISfANCI To complete your request for hardship assistance. your lender must consider your circumstances t Jett possible options while working with your cotmseling agency. Please provide the follo"ving inform tior the best of your knowledge: Borrower name(s) Propert} Address: City: Stale: /,i Is the propert. for ;Ile`' Yes ? No El I-.fisting date: Price: $ Realtor Hanle Kealtor Phone: Borrower Occupied" Yes ? No ? Mailinu, Address (if diflerent):--_- __ Cit\ : State: _ _lip: Phon,? \umh?i>- Home: 0111 ce: Cell: Other: 1-:mail: it of people in household: How long? i Ma11111", rNddless: City: State: /Ip - - Phone Nulnher;: Home: Office: Cell: Other: Ismail: i? of people in household: How long` FINANCIAL INFORMATRYN First \I011l4a2c bender: Type of I ,oaw loan Number: Date You Closed Your Loan Second Mortaa(e Lender: Type ol- Loan: Loan Number: I ot,ti ?.lurtg.I?? P;I? ments Amount: $ Included Taxes & Insurance: o? I .a;I I';n I?lenL Date rmine to Primary Reason for Delault: ds,the loam in li;utkruptcy'.' Yes ? No El I f ve . pro% icle name,. Iocation of court.. case number & attorney: Assets Amount Owed: Value: Home: y, Other Real I state: $ $ Retirement I ands: $ $ Investments: $ $ ClieckIIILI: - ---- Savin???: $ $ Other: $ y Automobile #'Model: Year: Amount owed' Value: AutO1110bile Model: Year: Amount )"ed. Value: Other n-ansport_ati-on (automobiles, boats, _motorcycleq. Model: Year: AnuOunt owed: Value N'lontlrly Incrsnrc Name of I n?plo%er,, Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Gross Monthly Net Additit,nal Income Description (not wages): I , monthly amount: '. monthly amount: Borrow cr Pav Da) s: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently payins,) I-:XPI"vtil 1MOUNT- F_XPI_NSt, AMOUNT N'IoIt,?., C Food "Ild--- - - -- ??1? rt??a??e - I - -- -- - Ut?Irtres Car Pu?ment(?) I ( _r - Condo/Ner?,)h Fees luto Insurance j Med (not covered) Auto I rel rE p<?ir, i Ot -e- prop payment -- Installhall Pn ment Cable I'V - -- I)uI>I>orl (?r ? ?? l 1 Spendrn Money DaN/Child Care I'tnl. Mier I r eases Amount Av/JiIJble I'Or Monthly Mortgage Payments Based on Income & expenses: Have you been "orkinu with a Housing Counseling Agency'? Yes [] No i f Ives. please prov idc the following information: Couns?°lina A??enc?: Counselor Phone (()fl ice ?: I ax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligat on t use the counseling services provided by the above named Borrower Signature Date I! Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (h rds letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor oti?a?r of k?u,ribrxf 444 THE F'R0416i L 12 j U L 17 aH 9: 2 ,CUMBERLAND u"Ou"N"i-Y PENNSYLVANIA Wells Fargo Bank, N.A. vs. William H. Whittaker, Jr. (et al.) Case Numbe 2012-4163 SHERIFF'S RETURN OF SERVICE 07/10/2012 08:44 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 , 2012 at 2044 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William H. Whittaker, Jr., by making known unto himself personally, at 6: N. West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, 07/10/2012 08:44 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 , 2012 at 2044 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracy E. Raymond, by making known unto herself personally, at 625 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, 07/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se and inquiry for the within named defendant to wit: William H. Whittaker, Jr., but was unable to locate I in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to defendant William H. Whittaker, Jr. William H. Whittaker, Jr. currently resides at 625 N. West Street, Carlisle, Pennsylvania 17013. SHERIFF COST: $71.00 SO ANSWERS, July 12, 2012 ROWY R ANDERSON, SHERIFF -c; GGun";SUIte She, Tt' a eie"'50 In;; PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND CUMBERLAND COUNTY * C 7 COURT OF COMMON PL WOE z -n CIVIL DIVISION „?'"? ca 6q • C No.12-4163-CIVIL' ` t-s ?,?? c a QrT, -< tr, PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM H. WHITTAKER, JR and TRACY E. RAYMOND, Defendants 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 Plaintiff's damages as follows: As set forth in Complaint TOTAL $136,667.37 $136,667.37 I hereby certify that (1) the Defendants' last known address is 625 NORTH WEST STREET, CARLISLE, PA 17013-1967, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. 't A Date fr - ?4 -iz_ DAMAGES ARE HEREBY ASSESSED AS INDICATI DATE: L3-11z/ PHS # 301964 ?/J. saw e,+ lo?, p3sv AZT A.2 ? /Dh to 301964 PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND Attorney for Plaintiff C) -`? rn C= " M;= CUMBERLAND COUNTYm G ) w 'TJ{n + COURT OF COMMON PLE 6-6 C ca fry CIVIL DIVISION c.n No. 12-4163-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants WILLIAM H. WHITTAKER, JR and TRACY E. RAYMOND are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM H. WHITTAKER, JR is over 18 years of age and resides at 625 NORTH WEST STREET, CARLISLE, PA 17013-1967. (c) that defendant TRACY E. RAYMOND is over 18 years of age and resides at 625 NORTH WEST STREET, CARLISLE, PA 17013-1967. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date .. 9 301964 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-4163-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on g ?J 1 l2- By: 444i If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" 301964 WELLS FARGO BANK, N.A. Plaintiff v. WII.LIAM H. WHITTAKER, JR TRACY E. RAYMOND Defendant(s) TO: TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA 17013-1967 DATE OF NOTICE: AU6 10 2012 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4163-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 249-3166 r? B Melissa J. Cantwell, squire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 301964 WELLS FARGO BANK, N.A. Plaintiff V. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND Defendant(s) TO: WILLIAM H. WHIT TAKER, JR 625 NORTH WEST STREET CARLISLE, PA 17013-1967 DATE OF NOTICE: AUG 1U 2012 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4163-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 Q 249-3166 B -' Melis"I J. Cantwell, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 301964 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV~1NlA) COUNTY OF CUMBERLAND) NO. 12-4163 Civil CIVIL ACTION --LAW TO THE SHERIFF OF CUMBERLAND COUNTY: 'fo satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From WILLIAM H. WHITTAKER, JR., AND TRACY E. RAYMOND (l) `r ou 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 ~~,nroperty of the defendant(s) not levied upon in the possession of GARN[SHEF:(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 Is) ar 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: $136,667.37 L.L.: $.50 [merest FROM 9/01/2012 TO DATE OF SALE ($22.47 PER DIEM) - $4,201.89 Atty~s Comm: °ia Due Prothy: $2.25 Arty Paid: $222.25 Other Costs: Plaintiff Paid: Date: 10/17/] 2 David D. Buell, Prothonotary r Deputy RE~~IJEST[NG PARTY: Name: ANDREW J. MARLEY, ESQUIRE Addaess: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLALA PHILADELPHIA, PA 19103 Attorney tor: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS v WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND Defendant(s) To the Prothonotary: Issue writ of execution in the above matter.: Amount Due Interest from 09/01/2012 to Date of Sale ($22.47 per diem;- TOTAL Note: Please attach description of property. PHS # 301964 ~~~ ~ ~ a~ 0~ -~ i ~ 3~ l~ rr 10~. ~ S U << -1 _ . ~ s ~a~ ~ -a ~ S a:a ~ a' CIVIL DIVISION NO.: 12-4163-CIVIL CUMBERLAND COUNTY $136,667.37 $4,201.89 $140, 869.26 ~~ P n - n & Schmieg, Andrew J. Marley, Esq., Id. .312314 Attorney for Plaintiff ~a as~~'. ~ sU c~- ~~,,~ ~a3tiono ~~~~ of Q~~~s~ed LEGAL DESCRIPTION ALL THAT CF,RTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike at the intersection of the Eastern line of sixty (60) feet wide North West Street with the Northern line of a sixteen (16) feet wide public alley; thence along the Eastern line of said sixty (60) feet wide North West Street; North 16 degrees East, a distance of thirty-five (3 S) feet to a spike; thence along line of land formerly of the heirs of David Lesher, deceased, later of Samuel Heberling, and now or formerly of Forrest E. Nousbaum, South 74 degrees East, a distance of one hundred ninety (190) feet to a stake on the Western line of a sixteen (16) feet wide public alley; thence along the Western line of said sixteen (16) feet wide public alley, South 1.6 degrees West, a distance of thirty-five (35) feet to a stake on the Northern line of a sixteen (16) feet wide public alley; thence; along the Northern line of said sixteen (16) feet wide public alley, North 74 degrees West, a distance of one hundred ninety (190) feet to a spike on the Eastern line of said sixty (60) feet wide North West Street, the Place of BEGINNING. CONTAINING thirty-five (35) feet in front along the Eastern line of said sixty (60) feet wide NoT-th West Street and extending Eastwardly therefrom at an even width a distance of one hundred ninety (I 90) feet to the Western line of sixteen (16) feet wide public alley, and having thereon erected a two and one-half story brick and frame dwelling house known as and numbered 625 North West Street. UNDER AND SUBJECT as aforesaid. TITLE TO SAID PREMISES VESTED IN William H. Whittaker,lr. and Tracy E. Raymond, h/w, by Deed from Jack E. Brownawell and Barbara A. Brownawell, h/w, dated 09/21 /2007, recorded 09127/2007 in Instrument Number 200737431. PREMISES BEING: 625 NORTH WEST STREET, CARLISLE, PA 17013-1967 PARCEL NO. 06-20-1798-020 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-4163-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _, ., _,,~; ,.~''. "' `:/ By' ---- ~~-~' P elan allinan & chmieg, LLP drew J. Marley, Esq., Id. No.312.~14'~ Attorney for Plaintiff i .' WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff - ~ { , . ` `''`'~'' ~ CIVIL DIVISION ~- ~ N0.:12-4163-CIVIL WILLIAM H. WHITTAKER, JR, ~~,_ ;7_r ,Yl, TRACY E. RAYMOND ~- ~:_~ti~~~~ ~:~~~`~`~~ ~~ . Defendant(s;~ CUMBERLAND COUNTY . PHS # 301964 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 625 NORTH WEST STREET, CARLISLE, PA 17013-1967. 1. Name and address of Owner(s) or reputed Ownt;r(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA 170]3-1967 625 NORTH WEST STRF,ET CARLISLE, PA 17013-1967 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest ma} be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate j None. Name and address of every other person of whom the plaintiff has knowledge who has any interest. in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 625 NORTH WEST STREET CARLISLE, PA 17013-1967 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAI, BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 1710$-1754 I verify- that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S..A. § 4904 relating to unsworn falsification to authorities. ~~ ~ f~ / ~~ J`~ r' ~-° Date: ~~-- By: ~ ~ -~- i Hallinan & S ieg, LLP ~~ ndrew J. Marley, Esq., Id. No.312314 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS I _:~, . , Plaintiff CIVIL DIVISION ~ ~,i_, ;sl~ U vs. ~,#~ , NO.: 12-41.63-CIVIL WILLIAM H. WHITTAKE>~t~- `' i' I_`:'~'`~d ~ ~` . TRACY E. RAYMOND CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA 17013-1967 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOLf HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 625 NORTH WEST STREET, CARLISLE, PA 17013-1967 is scheduled to be sold. at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,667.37 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out hc-w much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale fur good cause. 3. You may- also be able to stop the s~~le through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available -for inspection in his office. This schedule will state who will be receiving that money. 'The money will be paid out. in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong} are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act. immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, (~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike at the intersection of the Eastern line of sixty (60) feet wide North West Street with the Northern line of a sixteen (16) feet wide public alley; thence along the Eastern line of said sixty (60) feet wide North West Street; North 16 degrees East, a distance of thirty-five (35) feet to a spike; thence along line of land formerly of the heirs of David Lesher, deceased, later of Samuel Heberling, and now or formerly of Forrest E. Nousbaum, South 74 degrees East, a distance of one hundred ninety (190) feet to a stake on the Western line ofa sixteen (16) feet wide public alley; thence along the Western line of said sixteen (16) feet wide public alley, South 16 degrees West, a distance of thirty-five (35) feet to a stake on the Northern line of a sixteen (16) feet wide public alley; thence along the Northern line of said sixteen (16) feet wide public alley, North 74 degrees West, a distance of one hundred ninety (190) feet to a spike on the Eastern line of said sixty (60) feet wide North West Street, the Place of BEGINNING. CONTAINING thirty-five (35) feet in front: along the Eastern line of said sixty (60) feet wide North West Street and extending Eastwardly therefrom at an even width a distance of one hundred ninety (190) feet to the Western line of sixteen (16) feet wide public alley, and having thereon erected a two and ane-half story brick and frame dwelling house known as and numbered 625 North West Street. UNDER AND SUBJECT as aforesaid. TITLE TO SAID PREMISES VESTED IN William H. Whittaker, Jr. and Tracy E. Raymond, h/w, by Deed from Jack E. Brownawell and Barbara A. Brownawell, h/w, dated 09/21/2007, recorded 09/27/2007 in Instrument Number 200737431. PREMISES BEING: 625 NORTH WEST STREET, CARLISLE, PA 17013-1967 PARCEL NO. 06-20-1798-020 0 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 301964 DEFENDANT SERVICE TEAM/ lxh WILLIAM H. WHITTAKER, JR COURT NO.: 12-4163-CIVIL TRACY E. RAYMOND SERVE WILLIAM H. WHITTAKER, JR AT: 625 NORTH WEST STREET CARLISLE, PA 17013-1967 TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: March 6, 2013 SERVED Served and made known to WILLIAM H. WHITTAKER, JR, Defendant on the day of I1/OVE.Iit$EIQ 20 ~ at ' a, o'clock ~. M., at ~,~5 N, IDES? ST ~t.1SLE t ~,~ , in the manner described below: _ Defendant personally served. / Adult family member with whom Defendant(s) reside(s). Relationship is ~~G. Adult in charge of Defendant's residence who refused to give name or relationship. ;-7 ,.,,~ Manager/Clerk of place of lodging in which Defendant(s) reside(s) ~ `. ~' ~' _ . __ Agent or person in charge of Defendant's office or usual place of business. "'~ "' © _ an officer of said Defendant's company. ~~{`'~ t *7 ~ -~-` Other: %~~ ~ `~~~ ~ ~' Descri tion: A e p g Height ~ "Weight 'FG Race ~ Sex ~ Other i- "{ GJ ~ ' r-- ~ ~ % r ! ~ .... .-. ~ r , ' i '~ ~ ~. ,~`"'~ I'{ ~~~~. iy1o11 I, - , a competent adult, hereby verify that I personally handed a true and con y d~tte .~ ''?7 ~ Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date an access ~ i di d b I d n cate a ove. un erstand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. lati~ to unsworn falsification to authorities. .,,~ ~. , DATE:. I ~ ~ ~ a-- NAME: ~:t;_I~j~~i ~tiT~l~ PRINTED NAME: TITLE: F'1~E~C:'SS`s!~t ~'eC NOT SERVED On the dayy of 20 , at o'clock . M., I, , a competent adult hereby state that~e~endant 1~T~IINb~iecause: _ Vacant _ Dces Not Exist _ Moved _ Dces Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. F7iakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 f~ AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF' CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 301964 DEFENDANT SERVICE TEAM/ lxh WILLIAM H. WHITTAKER, JR COURT NO.: 12-4163-CIVIL TRACY E. RAYMOND ;-y ,,,,,, <~ ~m "r.t SERVE TRACY F;. RAYMOND AT: TYPE OF ACTION '~~> ~* "'~~ ~`"~ ^ r 625 NORTH WEST STREET XX Notice of Sheriff s Sale ~1 rn 1 * ~ ? CARLISLE, PA 17013-1967 SALE DATE: March 6, 2013 ~ ~' [7 -r; ,~~ t ~ ~ SERVED ~ ~ _ Served and made known to TRACY E. RAYMOND, Defendant on the ~Nday of 1~~ 2at ~,. ~ ..~ n `~ '~ 30, o'clock . M., at fo~S N. WEST 5TH 15/~ ~ p~ , in the manner described below: p ~ '~ ~ ~ "' ¢~~ Defendant re sonally served. ~ - ., Adult family member with whom Defendant(s) reside(s). .. ~ ,~- _? Relationship is _ Adult in chazge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ' Other: Description: Age ~Q_ HeightJ~i~ t• Weight r46 Race ~ Sex /- Other . ;«. Dili} I, - , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa .S. Sec. 4904 relating to unsworn falsification to authorities. r~ n _ DATE: I I ~-- NAME: 1~~'~~~- l/ " Cf`~~ Ro>1ald Moll PRINTED NAME: TITLE: ~1OCCS5 SC1-VCT 'i~ NOT SERVED On the da of 20 , at o clock _. M., 1, , a competent adult hereby state that~bef'endyant ITO'T-F'~IIRD~iecause: _ Vacant _ Dces Not Exist ,Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mazio J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 IL.ED-OEr ICE vt= "I E PROTI,IONOTA�Y Phelan Hallinan, LLP } , 6 Ali 10" 24 Jonathan Lobb, Esq., Id. No.312174 A RNEY FOR PLAINTIFF TY 1617 JFK Boulevard, Suite 1400 CUMBERLAND COU q One Penn Center Plaza PERN5YLVAH'A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND No.: 12-4163-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallman, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 5, 2012. 2. Judgment was entered on August 31, 2012 in the amount of$136,667.37. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated fiom the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on July 10, 2013. 301964 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $133,036.01 Interest Through May 31, 2013 $9,884.82 Late Charges $394.66 Legal fees $1,650.00 Cost of Suit and Title $453.75 Property Inspections $265.00 Escrow Deficit $2,045.04 Suspense/Misc. Credits ($3,253.06) TOTAL $144,476.22 6.- The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of,judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 7, 2013and 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"B". 10. No judge has previously entered a ruling in this case. 301964 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: Jon an Lobb,Esquire ATTORNEY FOR PLAINTIFF 301964 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND No.: 12-4163-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE WILLIAM H. WHITTAKER, JR and TRACY E. RAYMOND 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. Plaintiff s Note was secured by a Mortgage on the Property located at 625 NORTH WEST STREET, CARLISLE, PA 170134967. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,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. 301964 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. 11. 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 ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v, Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939). Because ajudgment 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 301964 Company v. Bums, 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 ajudgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage,and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 301964 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. PaR.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sate. 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 301964 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior-Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton RLalty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 301964 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property,whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personalservice of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 341964 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation . charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage,companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows,winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 301964 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: S By: J athan Lob b, Esquire Attorney for Plaintiff 301964 Exhibit "A" A 301964 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Zachary Jones,Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 - WELLS FARGO BANK, N.A. CUMBERLAND COUNTY C-7 VS. COURT OF COMMON PL-r"RAIL 27 F WILLIAM H. WHITTAKER,JR CIVIL DIVISION TRACY E. RAYMOND ;�g No. 12-4163-CIVIL C.5 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY. Kindly enter judgment in favor of the Plaintiff and against WILLIAM H. WHITTAKER JR and TRACY E. RAYMOND,Defendants for failure to file an Answer to Plaintiff's' Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint •$136,667.37 TOTAL $136,667.37 1hereby certify that(1)the Defendants'last known address is 625 NORTH WEST STREET,CARLISLE, PA 17013-1967,and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Zac y quire rn 01 P aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ILA PHS#301%4 PROTHONOTARY— �/j. e,# -o3sse 301964 V Exhibit . "B" 301964 PHELAN.HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 14.00 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 7, 2013 WILLIAM H. WHITTAKER,JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE,PA 17013-1967 RE; WELLS FARGO BANK,N.A. v. WILLIAM H. WHITTAKER,JR and TRACY E. RAYMOND Premises Address: 625 NORTH WEST STREET CARLISLE,PA 17013 CUMBERLAND County CCP,No. 124163-CIVIL 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 5/13/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Joiaatliar7.T_6bb l stj ,Id. No.312174 Attorney for Plaintiff Enclosure 301964 Name and Phelan Hallinan,LLP p c Address 1617 JFK Boulevard,Suite 1400 �� d Of Sender One Penn Center Plaza I N o Philadelphia,PA 19103 KVM Line Article Number Name of Addrmee,Street,and Post Office Address Postage A, 1 "*•* WILLIAM H.WHITTAKER,JR $0.46 1 TRACY E.RAYMOND 625 NORTH WEST STREET CARLISLE,PA 17013-1967 NOO 2 *"** WILLIAM H.WHITTAKER,JR S0.46 � %0 WEST TRINDLE ROAD MECHANICSBURC PA 17055 RE:WILLIAM H.WHITTAKE JR CUMBERLAND PHS#301964/1200 Page I of I 50.92 Total Namhtr of Tad Namber of Pisa PostmasfR,per(Name of The ful deelarr:aa of value is rtrlaeed an all dsmaaie and idmaubnsl raaisarad mail.The agxim J. Diems Ustcd by Scndcr Reaped at Post Once Reaivin6 EnploYee) for the recoostructioe of nw pxixbk documents wrier Express Mail document momswwc ioa emu piece sobject to a lima of SSOo,000 per ocumenee.The maximum udemnily payable on Express M The uaxinvs iademaity paysble is 533,000 for,q(ncrtd nvl,serr wtith optioed issurarKS.See R900 5913 sad 5921 far hmrtaitoos ofaLwM, ` Form 3877 Facsimile { f } i 4 , 301964 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division V CUMBERLAND County WILLIAM H. WHITTAKER, JR : TRACY E. RAYMOND No.: 12-4163-CIVIL 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. WILLIAM H. WHITTAKER, JR WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 960 WEST TRINDLE ROAD 625 NORTH WEST STREET MECHANICSBURG, PA 17055 CARLISLE,PA 17013-1967 Phelan Hallinan, LLP DATE: S 3 By: Jo than Lobb, Esquire ATTORNEY FOR PLAINTIFF 301964 s� �D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County WILLIAM H. WHITTAKER, JR ; TRACY E. RAYMOND No.: 12-4163-CIVIL Defendants +,I _ ULE AND NOW, this 2 �l"" day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH URT J. Thomas A. Placey Common Pleas Judge M W -4r-1 301964 1 ✓Jonathan Lobb,Esq.,Id.No.312174 Phelan Hallinan,LLP 1.617 JFK.Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ./ WILLIAM H. WHITTAKER, JR ' WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 960 WEST TRINDLE ROAD 625 NORTH WEST STREET MECHANICSBURG, PA 17055 CARLISLE,PA 17013-1967 301964 301964 C-) yi PHELAN HALLINAN,LLP Attorney for Plaintiff N y N D CD Allison F.Zuckerman,Esq., Id. No.309519 <6 Z- 1617 JFK Boulevard,Suite 1400 z-) --7-' =- One Penn Center Plaza p °rY Philadelphia,PA 19103 . ) 21.5-563-7000 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION WILLIAM H.WHITTAKER,JR TRACY E.RAYMOND No.: 12-4163-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Allis F.Z e sq.,Id.No.309519 C.Afforney for Plaintiff Date: IIVIPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#301964 Name and Phelan Hallinan&Schmieg,LLP t } Address'j mo 1617 JFK Boulevard,Suite 1400 `W Sender One Penn Center Plaza Philadelphia,PA 19103 AZK/AEG-07/10/2013 SALE Line Article Number I Name of Addre9see,Street and Post Office Address po , t Fee i *•`" TENANT/OCCUPANT $0.45 to 625 NORTH WEST STREET fIQjZ f i CARLISLE PA 17013-1967 �t a A — Q n 2 *"` DOMESTIC RELATIONS OF q o CUMBERLAND COUNTY So d5M Zt3ti 3 1 10 13 NORTH HANOVER STREET �+ CARLISLE PA 17013 R 11 q 3 "** COMMONWEALTH OF PENNSYLVANIA $0.45 V DEPARTMENT OF WELFARE b P.O.BOX 2675 HARRISBURG PA 17105 4 *'** INTERNAL REVENUE SERVICE ADVISORY g0 45NOO° 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 15222 5 **" U.S.DEPARTMENT OF JUSTICE iY45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING i Y 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 1710 8-1754 RE:WILLIAM 11.WH17TAKER,JR(CUMBERLAND) PHS4 30196411021 Page I of.1 Writ 52 2r ( I Team Tout Namur of Tout NMI,c of h." PolLru,kr,per(Name of The flat deehralioo of slue is nvui m oa all domestic and intetaYionat rryaaed mail.The tmwmun irdemni k Firers t:iurd by Sender Rteci+xd>t!'ostORice R—Nias F-Ol*K) far the recooxn>enon otnonue totahk doenaKnts umler Express Mail doeumcm rrrararnction inaaraner 6 SSopw per piece suhjca to a limn a$500,000 per oausena.The maximum Wenm+y payaGk Oa Ecprn Mail *trh-diw is$300. The maximum indemnity payable h S2S,OOD for r Siseerrd mail,srm with Optional intro See Dmaesdc Mao Ma l 8900 3913 utd S9?I fw limitp'gat ofeosr<a i I l t i 6DCIA C)11 FILED-OFFICE OF THE PRCTHONO iAR" • Phelan Hallinan, LLP {�n Justin F. Kobeski, Esq., Id. No.200392 ZUI3 JUN 13 Nil ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Perm Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff : Civil Division vs. • CUMBERLAND County WILLIAM H. WHITTAKER, JR • TRACY E. RAYMOND No.: 12-4163-CIVIL Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 15, 2013 in the above referenced action. Phelan Hallinan,LLP DATE: _ By: ■• J ". obeski,Esq.,Id.No.200392 • A . orney for Plaintiff 301964 Phelan Hallinan; LLP Justin F. Kobeski, Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff Civil Division vs. • • CUMBERLAND County • WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND • No.: 12-4163-CIVIL • Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA 17013-1967 WILLIAM H. WHITTAKER, JR 960 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Phelan Hallinan, LLP DATE: _ / By: Justi _ ` Kobeski,Esq.,Id.No.200392 Attorney for Plaintiff 301964 f'° r FILED-OFFICE_ p THE PROTfiONO TAR Phelan Hallinan,LLP 2013 JUL _3 AM 8M orney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County WILLIAM H. WHITTAKER,JR TRACY E. RAYMOND No. 12-4163-CIVIL Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ® 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. ❑ Please Vacate the Judgment entered. Date: PHEL HALL ONo.200479 By: Joseph A. Dess AttorneVor Plaintiff PHS # 301964 � a7of Phelan Hallinan, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County WILLIAM H. WHITTAKER, JR No. 12-4163-CIVIL TRACY E. RAYMOND Defendant PHS# 301964 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: WILLIAM H. WHITTAKER,JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE, PA/1/1 3-1967 Date: ' PHt. esso IN P By: Jos , sq., o.200479 r Plaintiff 'F SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c�L» - � Sheriff 4t st�r�irtz O T'HE F>kOTH±,i�dd7AR'( Jody S Smith Chief Deputy 2013 JUL "2 PM 2: 4 6 Richard W Stewart ���������� ������ Solicitor OrPtcE OF THE SHERIFF PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. William H. Whittaker, Jr. (et al.) 2012-4163 SHERIFF'S RETURN OF SERVICE 01/03/2013 10:45 AM -Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 625 North West Street, Carlisle, PA 17013, Cumberland County. 01/17/2013 12:40 PM -Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Tracy E. Raymond at 625 N. West Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 01/17/2013 12:40 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Tracy Raymond, Wife, who accepted as"Adult Person in Charge"for William H. Whittaker, Jr. at 625 N. West Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 02/21/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/24/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 06/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $927.77 SO ANSWERS, 6rz- xllallz-� June 28, 2013 RbNW R ANDERSON, SHERIFF 2-q � , (c)CountySuite Sheriff,Telecso(t,Inc. r WELLS FARGO BANK,N.A. , COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4163-CIVIL WILLIAM H.WHITTAKER,JR TRACY E. RAYMOND Defendant(s) CUMBERLAND COUNTY PHS #301964 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 625 NORTH WEST STREET, CARLISLE,PA 17013-1967. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) WILLIAM H.WHITTAKER,JR 625 NORTH WEST STREET CARLISLE,PA 17013-1967 TRACY E.RAYMOND 625 NORTH WEST STREET CARLISLE,PA 17013-1967 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. P s u 6.• • Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Addres$(if address carrot be , reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 625 NORTH WEST STREET CARLISLE,PA 17013-1967 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE PO BOX 11754 MIDDLE DISTRICT OF PA HARRISBURG,PA 17108-1.754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Ke Hallinan&S ieg,LLP ndrew J.Marley,Esq.,Id.No.312314 Attorney for Plaintiff s f WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-4163-CIVIL WILLIAM H. WHITTAKER,JR TRACY E. RAYMOND CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: . WILLIAM H. WHITTAKER, JR TRACY E. RAYMOND 625 NORTH WEST STREET CARLISLE,PA 17013-1967 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 625 NORTH WEST STREET,CARLISLE,PA 17013-1967 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$136,667.37 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL'BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS 'EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE' 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike at the intersection of the Eastern line of sixty(60)feet wide North West Street with the Northern line of a sixteen(16)feet wide public alley;thence along the Eastern line of said sixty(60)feet wide North West Street;North 16 degrees East,a distance of thirty-five(3 5)feet to a spike;thence along line of land formerly of the heirs of David Usher,deceased,later of Samuel Heberling,and now or formerly of Forrest E.Nousbaum, South 74 degrees East,a distance of one hundred ninety(190)feet to a stake on the Western line of a sixteen(16)feet wide public alley;thence along the Western line of said sixteen(16)feet wide public alley,South 16 degrees West,a distance of thirty-five(35)feet to a stake on the Northern line of a sixteen(16)feet wide public alley;thence along the Northern Iine of said sixteen(1.6)feet wide public alley, North 74 degrees West,a distance of one hundred ninety(190)feet to a spike on the Eastern line of said sixty (60)feet wide North West Street,the Place of BEGINNING. CONTAINING thirty-five(35)feet in front along the Eastern line of said sixty(60)feet wide North West Street and extending Eastwardly therefrom at an even width a distance of one hundred ninety(190)feet to the Western line of sixteen(16)feet wide public alley,and having thereon erected a two and one-half story brick and frame dwelling house known as and numbered 625 North West Street. UNDER AND SUBJECT as aforesaid. TITLE TO SAID PREMISES VESTED IN William H.Whittaker,Jr. and Tracy E.Raymond,h/w, by Deed from Jack E. Brownawell and Barbara A. Brownawell,h/w,dated 09/21/2007,recorded 09/27/2007 in Instrument Number 200737431. PREMISES BEING:625 NORTH WEST STREET,CARLISLE,PA 17013-1967 PARCEL NO.06-20-1798-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4163 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 WILLIAM H.WHITTAKER,JR.,AND TRACY E.RAYMOND (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, C, (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: $136,667.37 L.L.:$.50 Interest FROM 9/01/2012 TO DATE OF SALE ($22.47 PER DIEM)-$4,201.89 Atty's Comm: % Due Prothy:$2.25 Atty Paid: $222.25 Other Costs: Plaintiff Paid: Date: 10/17/12 David D B 11,Prothon t ry (Seal) &ea" P Deputy REQUESTING PARTY: Name: ANDREW J.MARLEY,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312314 TRUE COPY FROM RECORD In Testimony whereof,I here'unto set my hand and the seal of said Coiurt'at'Ca,lists,Pa. "Id' This Of PrP ftnotary r On October 31, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 625 North West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date. October 31, 2012 By: Real Estate Coordinator E fi :Z1 d i � 0 1101 E s CUMBERLAND LAW JOURNAL I Writ No. 2012-4163 Civil Wells Fargo Bank,N.A. vs. William H.Whittaker,Jr., Tracy E. Raymond Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 12-4163-CIVIL,WELLS FARGO BANK, N.A. vs. WILLIAM H. WHIT- TAKER, JR, TRACY E. RAYMOND owner(s) of property situate in the FIFTH WARD OF THE BQROUGH OF CARLISLE,Cumberland County, Pennsylvania, being 625 NORTH WEST STREET, CARLISLE, PA 17013-1967. Parcel No. 06-20-1798-020. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$136,667- .37. 108 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25,February 1, and February 8, 2013 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. Utivsa Marie Coy-1-17', Editor SWORN TO AND SUBSCRIBED before me this day of February, 0 Notary NOTARIAL SEA L D EBORAH A COLLINS N o tary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commis sion ix pI res Apr 28, 2014 iThe Co' 2020 Technology Pkwy � - ������� t4e ��atr1*otWrX1(W5 Mechanicsburg, PA 17050 ' Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 1O. 192g Commonwealth of Pennsylvania, County ofDauphin) ss Marianne Miller, being duly sworn according hm law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement mo ho the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. 20`~-^~~~~^ This ad ran om the datm(s)shown below: Wells/ vs 01122/13 � William H.Whtttake.Jr. Tracy~ E.Raymond 01129/13 Atty: Francis Han/oan 02/@5/13 By virtue of a Writ of Execution NO, WELLS muu]oemv&mA. . . . . . . . . . . 4. . . . ' ' . . ' ' . VS. WILLIAM 8.YmaD7AKER,YB TRACY E.RAYMOND Sworn b A.D. owner(s) of property situate in the FIFTH vumm OF THE a0uno0u OF cxuzSo� cvmxmumu County,, � � 625 NOBIB WEST STREET, ~° CARLISLE,B\17013-l%7 Parcel No.��0-179x�� 7 (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING Notarial Seal JUDGMENT AMOUNT$136,66737 Holly Lynn Warfel,Notary Public | My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES