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HomeMy WebLinkAbout06-3373PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 135618 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff ~. GLENN R. ENCK, III CHERYL A. ENCK 726INDIANA AVENUE LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION TERM No. O (~ -33'Z3 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 MAYBE 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 #: 135618 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 (3D) 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 THHiTY (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 #: 135618 1. Plaintiff is WELLS FARGO BANK, N.A., SfBlM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GLENN R. ENCK, III CHERYL A. ENCK 726INDIANA AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12121/2001 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. 1744, Page: 335, 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 11/01/2005 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. Pile #~. 13561 S 6, The following amounts are due on the mortgage: Principal Balance $286,584.14 Interest 12,812.80 10/01/2005 through 06/13!2006 (Per Diem $50.05) Attorney's Fees 1,250.00 Cumulative Late Charges 750.40 12121/2001 to 06!13!2006 Cost oFSuit and Title Search 550.00 Subtotal $ 301,947.34 Escrow Credit 0.00 Deficit 3,552.80 Subtotal $ 3,552.80 TOTAL $ 305,500.14 7. The attorney's fees set forth above are inconformity 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 AcC 91 of 1983, as amended in 1998, andlor 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $ 305,500.14, together with interest from 0 611 312 0 0 6 at the rate of $50.05 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. PHELAN HALLINAN & SCHMIEG, LLP n By: /slFrancis S Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135618 LEGAL DESCRIPTION ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees four minutes thirty seconds East (N. 63 degrees 04 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.89) feet to an iron pin and North fifty-six degrees fifty-three minutes East (N. 56 degrees 53 minutes E.) one hundred (100.0) feet to an iron pin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Reny Tract), Plan Book 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.) two hundred seventy-nine and sixty hundredths (279.60) feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W J one hundred (100.0) feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths (211.75) feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty- ftve seconds West (N. 26 degrees 57 minutes 45 seconds W.) two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24, 1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. 1 and 21, Washington Heights (Reny Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. SEE Deeds into George G. Hatter and Alice J.H. Hatter, also known as Alice 7. Hatter, in Cumberland County Deed Book Z, Volume 10, Page 192, Deed Book W, Volume 11, Page 599 and Deed Book L, Volume 16, Page 476, and Deed from them in Deed Book Y, Volume 17, Page 568. George G. Hatter died February 25, 1976, and said land passed by operation of law to Alice H. Hatter, also known as Alice J.H. Hatter and Alice J. Hatter, Grantor herein, all of said names being versions of the name of the same person who is the grantor herein. The said Alice H. Hatter has constituted Commonwealth National Bank and Heath L. Allen her attorneys-in-fact by Power of Attorney dated June 28, 1976, and to be herewith recorded, and said attorneys-in-fact have joined in the execution hereof to eliminate any title question arising out of an earlier incompetency proceeding since abandoned on the regaining of unquestioned competency by the Grantor. PROPERTY BEING: 726 INDIANA AVENUE File #: 135618 FRANCIS S. I-IALLINAN, 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 on 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 his 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 unswom falsification to authorities. ~ / kP FRANCIS 5. IIALLINAN, ESQUIRE Attorney for Plaintiff DATE: 3 /~J vN! n ~~ V h~-t V -64 ;~ \\ " \ C `~ ~l..i `~ r-~ C"` ~ C. a'~ ~ ^T1 ~ :... ~ Z -n ~ . ., {il ~Y ...~ ~~. 1;(• _-1 t w ~ ~~ 1.~( t7 -i -^ C; PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney Ior Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3373 GLENN R. ENCK, III CHERYL A. ENCK 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 GLENN R ENCK. III and CHERYL A. ENCK, 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 6/14/06 to 7/26/06 TOTAL $305,500.14 $2,152.15 $307,652.29 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. 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGEIIS ARE HEREBY ASSESSED AS INDICATED. D DATE:Ji aD0lo PR ROTHY 135618 PHELAN HALLINAN & SCHMIEG, LLP ' ` By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 ~~is) s~~_~nnn WELLS FARGO BANK, N.A., SB/M TO WELLS :COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintff : CIVIL DMSION Vs. :CUMBERLAND COUNTY GLENN R. ENCK, III : NO. 06-3373 CHERYL A. ENCK Defendants TO: GLENN R ENCK, III 726IlVDIANA AVENUE LEMOYNE, PA 17043 DATE OF NOTICE:.iin.V ~n, znn6 THIS FII2M 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 DISCHARGEIN 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 MAYBE 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 HII2E A LAWYER, THIS OFFICE MAYBE 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 PHELAN HALLINAN & SCHMIEG, LLP • By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 ~~) sF~_~nnn WELLS FARGO BANK, N.A, SB/M TO WELLS :COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CML DMSION Vs. GLENN R ENCK, III CHERYL A. ENCK Defendants TO: CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 DATE OF NOTICE:.rI1LV I n 2nn6 :CUMBERLAND COUNTY NO. 06-3373 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 HIltING 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, ESQUIItE Attorneys fot Plaintiff .. . PHELAN HALLINAN &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 (2151563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, v. GLENN R. ENCK, III CHERYL A. ENCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-3373 VERIFICATION OFNON-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 GLENN R. ENCK, III is over 18 years of age and resides at , 726 INDIANA AVENUE, LEMOYNE, PA 17043 . (c) that defendant CHERYL A. ENCK is over 18 yeazs of age, and resides at , 726 INDIANA AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ Attorney For Plaintiff `, ~ ~ ~ ~' ~ °o ,~ ~ b ~ ~ ~„- ,_ ~ ~ ~ ' ~`' ~ ~ -~ ~ ' ~ > .., _K ,. (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, NO. 06-3373 GLENN R. ENCK, HI CHERYL A. ENCK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, ~, No. 06-3373 GLENN R. ENCK, III CHERYL A. ENCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 7/27/06 to DECEMBER 6, 2006 (per diem -$50.57) $307,652.29 $1,779.50 $6,725.81 and Costs TOTAL $314,378.10 ~~ ./4. DANIEL G. SCHMIEG, ESQU]RE, One Penn Center at Suburban Statio 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. 135618 MMb, O `~ t,. r ~ ~ .~, d as ww ~~ ~w as ~ ~ ~ _ ~~ w `~ ~ '~ ~t~ ~~ ~~ .~ ~d T a 'vi ~ ~ ~ U ~, o w d ~~ ~ ~ ~ W ~ ~ ~~ ~ ~+ W ~ ~, ""~ GG as ~ ~ N i ~HZ, ~~ ~~ p~ ~ 3 ~ D O p x W x w '~, `~ 4 ~C W ~ V ~ d ~ ,~ ~ w ~ W~ as °, ~~ ~a "' U Qr tom. } L t~ 1 ("'~` w y v y V ,Q ~ ~ a ~ `~ ~ ~ ~ ~= v, t1 ~ ~ `- f ti ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees four minutes thirty seconds East (N. 63 degrees 04 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.89) feet to an iron pin and North fifty-six degrees fifty-three minutes East (N. 56 degrees 53 minutes E.) one hundred (100.0) feet to an iron pin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Reily Tract), Plan Book 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.) two hundred seventy-nine and sixty hundredths (279.60) feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W.) one hundred (100.0) feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths (211.75) feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty-five seconds West (N. 26 degrees 57 minutes 45 seconds W.) two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24, 1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. 1 and 21, Washington Heights (Reify Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. PARCEL IDENTIFICATION NO: 12-21-0267-122 CONTROL #: 12000712 TITLE TO SAID PREMISES IS VESTED IN Glenn R. Enck, III and Cheryl A. Enck, his wife, by Deed from Alice J. Hatter, widow, dated 06/28/1977, recorded 06/30/1977, in Deed Book G 27, page 641. PROPERTY ADDRESS: 726 INDIANA AVENUE, LEMOYNE, PA 17043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3373 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGOHOME MORTGAGE, INC. Plaintiff (s) From GLENN R. ENCK, III AND CHERYL A. ENCK (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 $307,652.29 L.L. $.50 Interest FROM 7/27/06 TO 12/6/06 (PER DIEM - $50.57) -- $6,725.81 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 CURTIS R. LONG Prothonot ry (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIItE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN &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., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. GLENN R. ENCK, III , CHERYL A. ENCK _ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3373 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: Q 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. ~7Gc.~,~,~; DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff E WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GLENN R. ENCK, III CHERYL A. ENCK N0.06-3373 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., 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 ,726 INDIANA AVENUE, LEMOYNE, PA 17043 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN R. ENCK, III CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 726 INDIANA AVENUE LEMOYNE, PA 17043 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) US Treasury Department Pittsburgh Room 808, 1000 Liberty Avenue, Pittsburgh, PA 15222-9974 4. Name and address of last recorded holder of every mortgage of record: _., Name Norwest Bank Colorado, N.A. Walls Fargo Bank West, NA, Wells Fargo Bank West, NA, Beneficial Consumer Discount Company, d/b/a, Beneficial Last Known Address (if address cannot be reasonably ascertained, please indicate) 4455 Arrows West Drive, P.O. Box 49069, Colorado Springs, CO 80949-9069 4455 Arrows West Drive, P.O. Box 49069 Colorado Springs, CO.80949 526 Chapel Hills Drive, Colorado Springs, CO. 80920 4910 Carlisle Pike, Suite 104, Mechanicsburg, PA 17050 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 maybe 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 maybe 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 726 INDIANA AVENUE LEMOYNE, PA 17043 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 unsworn falsification to authorities. July 31, 2006 ~l~..~..~ ~ , DATE DANIEL G. SCHMIEG, ESQUIRE/ Attorney for Plaintiff WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. GLENN R. ENCK, III CHERYL A. ENCK Defendant(s). TO: GLENN R. ENCK, III 726 INDIANA AVENUE LEMOYNE, PA 17043 July 26, 2006 CUMBERLAND COUNTY No. 06-3373 CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGEIN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 726 INDIANA AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $307,652.29 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. (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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 maybe 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 maybe 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 Z LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 f ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees four minutes thirty seconds East (N. 63 degrees 04 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.89) feet to an iron pin and North fifty-six degrees ffty-three minutes East (N. 56 degrees 53 minutes E.) one hundred (100.0) feet to an iron pin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Reify Tract), Plan Book 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.) two hundred seventy-nine and sixty hundredths (279.60) feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W.) one hundred (100.0) feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths (211.75) feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty-five seconds West (N. 26 degrees 57 minutes 45 seconds W.) two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24, 1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. l and 21, Washington Heights (Reify Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. PARCEL IDENTIFICATION NO: 12-21-0267-122 CONTROL #: 12000712 TITLE TO SAID PREMISES IS VESTED IN Glenn R. Enck, III and Cheryl A. Enck, his wife, by Deed from Alice J. Hatter, widow, dated 06/28/1977, recorded 06/30/1977, in Deed Book G 27, page 641. PROPERTY ADDRESS: 726 INDIANA AVENUE, LEMOYNE, PA 17043 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ENCK GLENN R III ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ENCK GLENN R III the DEFENDANT at 1240:00 HOURS, on the 16th day of June 2006 at 726 INDIANA AVENUE LEMOYNE, PA 17043 by handing to CHERYL A ENCK, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. ..r ...~i .... .~ ,.. _. ,... ....r ..;,~i -•r .. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.9 6 ~cs~~~i~d"'~,,,~ ~~~~' Affidavit .00 ~" Surcharge 10.00 R. Thomas Kline .00 42.96/ 06/19/2006 n 7/~9/oL PHELAN HALLINAN SCHMIEG -~ Sworn and Subscibed to By: before me this day eputy Sheriff o f A . D . -+~- .~.. -,~.. SHERIFF'S RETURN - REGULAR ~ '`- CASE NO: 2006-03373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ENCK GLENN R III ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RNC''K CHERYL A the DEFENDANT at 1240:00 HOURS, on the 16th day of June at 726 INDIANA AVENUE LEMOYNE, PA 17043 by handing to CHERYL ENCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service . 0 0 d .;~,%= ..~,~*.~P ~ .,~~`" ~.~,.,.-..~' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 06/19/2006 "Kldg`b+~ PHELAN HALLINAN SCHMIEG Sworn and Subscibed to [ By: before me this day Deputy Sheriff of A.D. _,,r, _. 2006 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY No. 06-3373 ACCT. #4412620 DEFENDANT(S) GLENN R. ENCK, III CHERYL A. ENCK SERVE GLENN R. ENCK, III AT 726 INDIANA AVENUE LEMOYNE, PA 17043 Type of Action - Notice of Sheriff s Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to ~ ~ e n /t h • ~ G ~ ~ ,Defendant, on the (~ day of ~ 4 S 2006, at % S ,o'clock ~m., at ~ [~ ~/l d l ~~i rtG ~(J ,Commonwealth of Pennsy~l ania, 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 Defendants}'s company. Other: Descri tion: Age 1000x'76 Height .~"1R 11 Weight ~V O Race ~ Sex /~ Other I, •~ FAG ~P/y`' S 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. Sworn to and . By ~`-r~ 7~GiZ~s VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. F~=,~ ~ ... ',Fl~tiS C,s~1tt:Eh~n ~:~:~,~cs J~ ~, 2C08 NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 15L Attempt: I I 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 Vacant 2"d Attempt: / / Time: AFFIDAVIT OF SERVICE PLAIN~'IFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO ROME MORTGAGE, INC. DEFENDANT(S) GLENN R. ENCK, III CHERYL A. ENCK SERVE CHERYL A. ENCK AT 726 INDIANA AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 06-3373 ACCT. #4412620 Type of Action - Notice of Sheriff s Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to ~~ ~rY/ ~• G ~ ~l~- ,Defendant, on the ~ ~ day of ~~~K.S~ 200 ~q at ~~, o'clock ~.m., at I Z ~P ~~'1 d ~~4~ 4 ~Ut_ , Commonwealth of Pennsylvania, in the manner described below: ~efendant personally served. r v Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~"- 4 S h q,~ 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: tl Des ription: Age ~7a Height ~ ~ Weight ~© Race ~-/' Sex ~ Other I, Ce u ~ '~ ~ ~ b ears , 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. By: ~`Cl AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown __ _ No Answer Vacant 2 1St Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney for Plaintiff Daniel G. Sc6mieg, Esquire I.D. No. b2205 2"d Attempt: Time: Slaate ~... ,~~tv J.:"~pey Com}~,n Expires Ju~yl~f2008 " .~ ` c~ . .--a c `; ~ --~- ,~1,1 _ ~~ __ ~ ~ ^~{ ~~ ~~ AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) GLENN R. ENCK, III CHERYL A. ENCK SERVE GLENN R. ENCK, III AT 726 INDIANA. AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 06-3373 ACCT. #4412620 Type of Action - Notice of Sheriff s Sale Saie Date: DECEMBER 6, 2006 p SERVED / /~, Served and made known to ~ ~ C ~ r1 T~ • ~ G ~ ~ .Defendant, on the l `-+' day of ~ 4 S 2006, a % S ,o'clock ~in., at t c. ~ ~/t d t ~4 rtG ~[J P ,Commonwealth of Pennsy~l aria, in the manner described below: t/ 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 Defendants}'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descri lion: -Atge fo(94 76 Height r1~41! Weight ~~ d Race Lf Sex /~_ Other I, V '~` F-4 ~@~`~` s 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 Sate in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and By: ~J AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State ~~ "~ev~' ~ .~seY NOT SERVED pA7RR~lr, c. HARRIS Carhhtis>3inn Expires J~ ~~ 2008 , 200_., at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 15L Attempt: / / Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscnbed before me this day of , 200 _. Notary: By. Attorney for Plaintiff Daniel G. 5chmieg, Esquire - I.D. No. 62205 2 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) GLENN R. ENCK, III CHERYL A. ENCK SERVE CHERYL A. ENCK AT 726 INDIANA AVENUE LEMOYNE, PA 17043 C[JMBERLAND COUNTY No. 06-3373 ACCT. #4492s2a Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 /'~ SERVED n Served and made known to _ ~~ t°~Yi ~. G /t c J~. ,Defendant, on the ~ day of ~TU~~t,.9~ 200~q at O • ~, o'clock ~.m, at ~2 ~P ~~'1 d ~~A•'!Q l~U~ , Commonwealth of Pennsylvania, in the manner described below: ~efendant personally served. ' Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ / ~ 4 S h q,t d Adult in chazge 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: Des ription: AgeD~7a Height ~t ~ t l Weight ~D Race ~/' Sex cal Other I, Cc ~~ 1~- o b~r,~, a competent adult, being duty sworn according to taw, 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. Swo to and su c 'b e this ay ~ Not - By: ~,~! --~_ 5 ~ TTEMPT SERVI AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State a ,Vew J :rsey NOT SERVED PATRICiA E. HARRIS Comte Expires JuE~ytf~;~2008 , 200_, at o'clock - m., Defendant NOT FOUND because: Moved Unlrnown No Answer Vacant ls` 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. b2205 r~~ cry ~:: -.~,,- - ti:..a ---t .L ~ ~ i~T ~ ( . `_ O ~ ' t'.;:: _ - - -~ ~ "- - `" 'ri 1 ~J ~.., a .~•~ ~ -~~ `~ .~_f! /+. S '~~ 'fi ~ h f ~ n 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., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-3373 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: Plaintiff commenced this foreclosure action by filing a Complaint on June 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 27, 2006 in the amount of $307,652.29. 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. The Property is listed for Sheriff s Sale on December 6, 2006. 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. 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 $286,584.14 Interest Through 12/06/06 21,623.42 Per Diem $50.05 Late Charges 750.40 Legal fees 1,325.00 Cost of Suit and Title 1,039.00 Sheriffs Sale Costs 0.00 Property Inspections 165.00 AppraisallBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,369.80 TOTAL $315,856.76 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan Schmieg, LLP Date: ~ ~ L~ ~' By: ~chele M. Bradford, Esquire 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., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff vs. Civil Division Cumberland County No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. 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 726 Indiana Avenue, Lemoyne, PA 17043. 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 Mort~a~e 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 Pittsbur 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 Reali , 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. 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. IV. 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. V. 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 Shoppin 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). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiffrecognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. 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 Hallman & Schmieg, LLP DATE: 1 ~D By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN~ SCI-I11+ilEG, LLP LAWRENCE T, PI~ELAN, ESQ,, Id_ No. 32227 FRANCIS S. HAI.LINAN, ESQ., Id. No. 62695 ONE PENN CENTER FLAZA, SUITE 1400 PHILADELPHIA, PA 19103 {215) 5 3~ '~0~0 t3s6ts WELLS FARGO BANK, N.A.; SBJM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 297 i 5 Plaintiff v. GLENN R. ENCK, III CHERYL A. ENCK 726 INDIANA AVENUE LEMi~YNE, PA 17043 ATT4RNE1' FOR PLAIIITIFF COURT QF COMMON PLEAS CIVII, DIVISION TERM NO. f,~~. -- 3~ C~ C't~,(.~~"'~ CUMBERLAND COUNTY ~` `"' ~ ~ ~i . Defendants ~ t' ~ ~ Cam. ACTION -LAW u~=`: ;~ ~` c~ , COMPLAINT IN MORTGAGE FO.RECLOSU~E `'~ ~ ' ;:~ , ~ NOTICE ~ ~-~~' ~ ~' ~ ~` r~: ~_ You have been sued in court. Ifyou wish to defend against the claims set forth in the Ic`~low~yg -{ 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 Ifyou fail to da so the case tray proceed without you and a judgment may be entered ~.gainst you by the court without further notice for any money claimed in the complaint or for any other claim or re}ief requested by the plaintiff: You may lose money ar 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 OFFICT; CAN' PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY a8 ABL,E TO PROVIDE 'YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFBR LEGAL SBRVICES'Y'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 }~1"Ct~PiNEY ~~LE CQPY PL~AS~ R~TUR~ ,rVE hereby ~®~'tlfy t~"It3 vut~~in ~~ ~e ~ true ~r~~ correct cc~y Uf the ~rigin~l filed cf ~~ecrl~,~ ale ~: 13561$ PHELAN HALLINAN & SGHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62b95 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~215~ 563-7000 13s~1s WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGU HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GLENN R. ENCK, III CHERYL A. ENCK 72b INDIANA AVENUE LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION TERM NO. 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 WI'T'H INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRB A LAWYER, THIS OFFICE MAYBE 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 17413 (800)990-910$ File #: 135618 GgC~.~~y t~n~ ~~~e~~ ~ a~C~e ~ ~~ th~~ ~° spy °~ ~~c®~~` coC~~~t $e1g~' ®~ ~ ~ ~~~~~~ IF THIS IS THE FIRST NOTICE THAT YOU IIAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1b92 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 FLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANTS} 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 T4 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. TT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 135618 Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name{s} and last Ionown address(es) of the Defendant(s) are: GLENN R. ENCK, III CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner{s) of the property hereinafter described. 3. On 12/21/2001 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. 1744, Page: 335. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01!2005 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 #; 1356 t 8 The following amounts are due on the mortgage: Principal Balance $286,584.14 Interest 12, 812. SO 10/01/2005 through 06113/2006 (Per Diem $50.05) Attorney's Fees 1,250.00 Cumulative Late Charges 750.40 12/21/2001 to Ob/13/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 301,947.34 Escrow Credit 0.00 Deficit 3,552.80 Subtotal $ 3,552.80 TOTAL $ 305,500.14 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 Sheriff's 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 Defendants} on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/liave 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 Defendants} in the sum of $ 305,500.14, together with interest from 06/13/2006 at the rate of $50.05 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S: HALLINAN, ESQUIRE Attorneys for Plaintiff Fiie ~: 135618 LEGAL DESCRIPTION ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees Four minutes thirty seconds East (N. 63 degrees 04 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.89) feet to an iron pin and North fifty-six degrees fifty-three minutes East (N. 56 degrees 53 minutes E.) one hundred (100.0) feet to an iron gin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Reify Tract), Plan Boak 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.) two hundred seventy-nine and sixty hundredths (279.60} feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W.) one hundred (100.0) feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths {211.75) feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty- five seconds West (N. 26 degrees 57 minutes 45 seconds W.) two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24, 1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. 1 and 21, Washington Heights (Reify Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. SEE Deeds into George G. Hatter and Alice J.H. Hatter, also known as Alice J. Hatter, in Cumberland County Deed Book Z, Volume 10, Page 192, Deed Book W, Volume 11, Page 599 and Deed Book L, Volume 16, Page 476, and Deed from them in Deed Book Y, Volume 17, Page 568. Creorge G. Hatter died February 25, 1976, and said land passed by operation of law to Alice H. Hatter, also known as Alice J.H. Hatter and Alice J. Hatter, Grantor herein, all of said names being versions of the name of the same person who is the grantor herein. The said Alice H. Hatter has constituted Commonwealth National Bank and Heath L. Allen her attomeys-in-fact by Power of Attorney dated June 28, 1976, and to be herewith recorded, and said attorneys-in-fact have joined in the execution hereof to elinvnate any title question arising out of an earlier incompetency proceeding since abandoned on the regaining of unquestioned competency by the Grantor. PROPERTY BEING: 72d IlvDIANA AVENUE File #: l 35618 Exhibit "B" PHELAN HALLiNAN & SCIIMIEG, L.L.P. By: DANIEL G. SCHMIEG IdentiCestion No. 62205 Attorney for Plstiatiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADL~,LPIiIA, PA 19103-1814 215 563-7000 WELLS FARGO BANK, N.A., SJB/M Tp WELLS FARGO HOME MORTGAGE, YNC. 3476 STATEVIEW BOULEVARD FART MILL, SC 29715 F'lain~iff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3373 GLENN R. ENCK, III lCHERYT. A. ENCK :. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TQ~ ~ ~~ ANSWER AND A9SESSIVYENT OF DAi1'I.AGES -:; ~~-~ ~ '' ,'; TO TT-iE PItOT~ONOTARY: ~::;. - ~~.} °;~ - ; - ;:~. Kindly enter an in iem judgment in favor of the Plaintiffand against GL~I11..R CI ~II ., and CHERYL A. ENCK; lefendant(s} for failure to file an Answer to Plaintiffs.~~-:simpleint ;; n 20 days from service thereof and for Foreclosure Arid Sale of the mortgaged premises, °a~d assess aintift's damages as follows: '~'~'' ~ As set forth in Complaint ~ , ~ . .µ . , 'g: ~;~ $305,500.14 Interest from 6114/06 to 7/26/06 ' ~' ~ "°` `' '"~ `'~ "' ~ ~~ ~~, ~ $2,152.15 TOTAL $307,652.29 1 hereby certify.thaz (1) the addresses ofthe plaintiff and Defendant{s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. . -- DANIEL G. SCI~MTEG'r, ESQUIRE ~'`'~ Attorney far Plaintiff .. .: r' DAMAGES ARE HERE$'Y ASSESSED AS INDICATED. DATE: ` '~~ ~...C.~ (~, PRO PROTHY 135618 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 unsworn falsification to authorities. i 1 Phelan Hallinan & Schmieg, LLP DATE: ll ~ By: ichele M. radford, Esquire 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., SB/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff Civil Division Cumberland County vs. Glenn R. Enck, III Cheryl A. Enck Defendants No. 06-3373 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 DATE: 1l ~ ~ Phelan Hallinan & Schmieg, LLP ichele M. Bradford, Esquire Attorney for Plaintiff ~ _. rT ` --r ; ;~ ._ ~=-, _, _. - S ~.I.3 ~, ; . ~~ t'w~ ° __~ _.. . r ~:, _' cy WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. GLENN R. ENCK, III CHERYL A. ENCK DEFENDANTS NO. 06-3373 CIV1L ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Glenn R. Enck, III ~~~ /~./G -Or: Cheryl A. Enck 'G~ Defendants bas j y gin, i i ~G1 i~~ ~ q i i~~i~ ~~0~ /`~P i ~,_ ._ . PHELAN HALLiNAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Wells Fargo Bank, N.A., SB/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants Court of Common Pleas Civil Division Cumberland County No. 06-3373 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 DATE: ~ ~~ Phelan Hallinan & Schmieg, LLP l By: Michele M. radford, Attorney for Plaintiff 'CYl"~ fT' ..G C - ~''? C3 ~~ ~ ~ ;, ~, _. ~' SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. No.: 06-3373 vs. GLENN R. ENCK, III CHERYL A. ENCK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 40S OF NOTICE OF SALE 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: 726 INDIANA AVENUE, LEMOYNE, PA 17043. 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. 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. ~~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff November 30, 2006 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. GLENN R. ENCK, III CHERYL A. ENCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-3373 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BAN N A , S/B/M TO WELLS FARGO HOME MORTGAGE, INC., 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 ,726 INDIANA AVENUE, LEMOYNE, PA 17043 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN R. ENCK, III 726 INDIANA AVENUE LEMOYNE, PA 17043 CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 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) US Treasury Department Pittsburgh USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER U.S. EPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF PA Room 808,1000 Liberty Avenue Pittsburgh, PA 15222-9974 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 19106-4476 ATTN: LISA MURRAY 4. Name and address of last recorded holder of every mortgage of record: Name Norwest Bank Colorado, N.A. Wells Fargo Bank West, NA, Wells Fargo Bank West, NA, Beneficial Consumer Discount Company, d/b/a, Beneficial Mortgage Last Known Address (if address cannot be reasonably ascertained, please indicate) 4455 Arrows West Drive, P.O. Box 49069 Colorado Springs, CO 80949-9069 4455 Arrows West Drive, P.O. Box 49069 Colorado Springs, CO.80949 526 Chapel Hills Drive, Colorado Springs, CO.80920 4910 Carlisle Pike, Suite 104, Mechanicsburg, PA 17050 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 Cumberlaud County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 726 INDIANA AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 unsworn falsification to authorities. November 3, 2006 ~~'~~~~'~ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C'. 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W O~ OC ~~~.5 gg~~~ w ~ m ~ A ~~ p, . ~ a. . ~ g. N p,HM O n i9 P ~ W ~.~~ ~. ~ app', ~pq¢ .tAj N fj .w.. P H M y 0yQ y~~`Q~? EiR~ N W ~9 y ~' ~.~.~~ ~~a~. y '~ ~ ~ p p ~~~ ~ ~"~ Q.~,~ ~ e~~~ ~~Nd~ ~ ~. ~' ~' ~ ~. ~~oa ~. ~~ $ ~. g w ~ ~~ ~Hb n ~ ~o n.. N .yc CtiC~." ; w~~~~ C C~J ~ -~ 'yb t t~~n~p~ c b~d~~! y ~, ~~-] yqp~ O ~ ~ ~ C ;,,CY ~ ~~ ~ r 0 r ~. z ~a~ •~ c~ ~ y K Z C t~ ~r~7~C 2 wo~y-tlv~ g x° ~~~ o Ord~~~ A .p.~vo~ g ~,ca~~r ~ .~ v,d r ~~~ ~ m ~o~~~~ ro ~ ~ O O ~' ~ ('~ ."d a ~xs p ~ ~ ~ ~ `~ ~ ~ ~ •d ;~ ~ ~~~~ o~ ~~ -~ o ~+ ~ ~' c ~ n ~ ~ a~ ~~~ ~~ r ~ r O !'d O s S~P~ ~~ ~ . r~.~~ ~.. ~ ~ ~~~ PITNEY BOVVES ~ 01.55° , , 02 1M - = 0004218010 NOV 03 2006 MAILED FROM ZIPGODE 1 91 03 C ~~ - , i a ~ ~ T : -~;a;, ~ r ~J , _ _,._ ~_.,,' -a -` F ~ ~ s ~ ~ ~ ~~ ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff Civil Division Cumberland County vs. Glenn R. Enck, III Cheryl A. Enck Defendants No. 06-3373 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case 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 November 7, 2006. 3. A Rule was entered by the Court on or about November 16, 2006 directing the Defendants 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 apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on November 21, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP f ~~ Date Michele M. Bradford, Esquire Attorney for the Plaintif 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 ~~ shy-~o~n Wells Fargo Bank, N.A., SB/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Civil Division Plaintiff Cumberland County vs. No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants RRTF,F TN Si1PPnRT nF Pi.AiNTjFF'S MnTTnN Tn MAKF, RiTi.F ARfinT.1TTF, A Motion to Reassess Damages was filed with the Court on November 7, 2006. A Rule was entered by the Court on or about November 16, 2006 directing the Defendants 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 November 21, 2006 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN &SCHMIEG, LLP ~~ Date ichele M. Bradford, Esquire Attorney for the Plaintiff Exhibit "A" WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF SJB/M TO WELLS FARGO HOME :CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC. PLAINTIFF CNIL ACTION -LAW V. GLENN R. ENCK, III CHERYL A. ENCK : DEFENDANTS NO.06-3373 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rufe is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Counsel for Plaintiff Glenn R. Endc, III Cheryl A. Endc Defendants bas '~\ M. L. Ebert, Jr., J. TF~U~ COPY FROM fl0 '~ . ~ her+te ut!I~-Set my haAo .~ ~ of said Court at Cam, Pal. eY ~,_ y. Prothert~~- Exhibit "B" 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 X215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff ,~ ~~~OQ ~©~ ,,G ~~ Glenn R. Enck, III Q- ~~`' Cheryl A. Enck ~ Defendants Court of Common Pleas Civil Division Cumberland County No. 06-3373 CERTIFICATION OF SERVICE ~. a, o .~ ,. cn ~; m ~~_ z~ ~=; ~ ~` c ~_ ~ r _a I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 1.'~~~~~ ~~~~`~ ~` ~R~ ~"~"~ ~-S~~G~ ~`~ DATE: ~ O(o ~.~,~'~~ ~~ ~~~~ Phelan Hallman & Schmieg, LLP By: ~ Michele M. radford, Attorney for Plaintiff ~~ ~~ ~~ ~i Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take 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 falsification of authorities. 1 a- oc~ Date Michele M. Bradford, Esquire 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 (2~1 SF's-~nnn Wells Fargo Bank, N.A., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff Civil Division Cumberland County vs. Glenn R. Enck, III Cheryl A. Enck Defendants No. 06-3373 I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 Date: ~ Michele M. Bra ord, Esquire Attorney for Plaintiff C'? '~, _ ~_~ - C`F 1 ~; ~-`-; S `~ _~ r,~`t ...- $ ~~r '"C? 3 - r•-~ .~.. . ---# ~.~ ..~3 ~... ..~ IN THE COURT OF COMMON PLEAS DEC ~ $ CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., SB/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff vs. Civil Division Cumberland County No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants ~h AND NOW, this ~ s day of ~ I~,,h,~ c,I , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $286,584.14 Interest Through 12/06/06 21,623.42 Per Diem $50.05 Late Charges 750.40 Legal fees 1,325.00 Cost of Suit and Title 1,039.00 Sheriff s Sale Costs 0.00 Property Inspections 165.00 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,3,fiq_R(> TOTAL $315,856.76 Plus interest from 12/06/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 135618 5 1 l 1 S ~' 1 ~~ _ ~;1 ~ i :~~ ~~ t' tr ~ , -.f itrc~~}~ ~ ~ : s J s,~~ ~ i ~~ ~c}~~ 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., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County County No. 06-3373 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: Plaintiff commenced this foreclosure action by filing a Complaint on June 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 27, 2006 in the amount of $307,652.29. 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, The Property is listed for Sheriffs Sale on February 7, 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. 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 $286,584.14 Interest Through 02/07/07 24,776.57 Per Diem $50.05 Late Charges 750.40 Legal fees 1,250.00 Cost of Suit and Title 1,039.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 8,637.44 TOTAL $323,037.55 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. helan H inan & hmieg, LLP Date: ~ l ~ ~ B~: . fiche e M. Bra ord, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No, 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia; PA 19103-1814 X215)563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County County No. 06-3373 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. 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 726 Indiana Avenue, Lemoyne, PA 17043. 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 Sheriff s 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, acid if there is competitive bidding for the Property, Plaintiff will suffer a signii-tcant 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. 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. IV. 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 tivere 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. V. 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, 5 l Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin C~ enter, 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). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often 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. VI. 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 ofthe 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. Phalan allinan &<~mieg, LLP ~~ f DATE: By~ l Miche e M. Bra or ,Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLIN'AN ~ SCI-YMIEG, LLP LAWRENCE T, PHELAN, ESQ., Id_ No, 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLA7.A, SUITE 1400 PHILADELPHIA, PA 19103 (215) 5~3-7000 135618 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAG&, INC. 347b STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GLENN R ENCK, III CHERYL A. ENCK 72fi INDIANA AVENUE LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~~ -~ 333 CUMBERLAND COUNTY ~ a ~i r'` Defendants ~ T ~ ~ ~ CIVIL ACTION -LAW ~ ~ , '" ~ ~" ~;~ , CQMPLAINT Il~I MORTGAGE FORECLOSURE ~ . ..' ~~ `` ~' ~:: ~ .. -j- ~ t~ ~ ~ NOTICE _ L'' C O m You have been sued in court. If you wish to defend against the claims set forth in the >~ow~g -{ 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 defertscs 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 fiuther notice for any money claimed in the complaint or for any other claim or re}ief requested by the plaintiff. You may lose money ar 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 HIRINC3 A LAWYER iF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B8 AI3I,E TQ PROVIDE 'YOU WITH INFORMATION ABOUT AQENCIES THAT MAY OFFBR LEGAL SBRVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FfiE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ($04)990-9108 p~TY(3RNEY f ItE GOPY PLEASE REYUR~ ~-VE hereby c~~tlty the ON~thFCT ~'p ~(? ~ tCClf; c''!I}~ car~ect c;~py Uf the ~~6gln~i filed u~ ~~ec~al'~ File ff: 133618 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUTI'E 1400 PHII,ADELPHitA, PA 19103 {2151563-7000 _ 13sbls WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGU HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GLENN R. ENCK, III CHERYL A. ENCK 7261NDIANA A`rENLTE LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII. DIVISION TERM NO. 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 EIIRfi A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGBNCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Associarion 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 135618 G~Ct~~~ tangy ~y ~,e ti ~~~~ e a tC e .,a i~h~n ~o opt ~~ t ~~©~~ co<<~~a~ ~~led ~~ ~ ~ ~~~~~ 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. § 1b92 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANTS} 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 DEFENDANTS} 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 WITiIIN 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 DE$T. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fitc #: 135618 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT NIILL, SC 29715 The name{s) and last known address(es) of the Defendant(s) are: GLENN R. ENCK, III CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/21/2001 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. 1744, Page: 335. 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 11/O1/2005 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 #: 135618 The fo]lowing amounts are due on the mortgage: Principal Balance $286,584.14 Interest 12,812.84 10/01/2005 through 06/13/2006 (Per Diem $50.05) Attorney's Fees 1,250.00 Cumulative Late Charges 750.40 12121 /2001 to 06/ 13/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 301,947.34 Escrow Credit 0.00 Deficit 3,552.80 Subtotal $ 3,552.80 TOTAL $ 305,500.14 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) hasl}tave 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 Defendants} in the sum of $ 305,500.14, together with interest from 06/13/2006 at the rate of $50.05 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. PHELAN HALLINAN & SCHMIEG, LLP . ~ ~~,. By: /s/Francis S. Hallman LAWRfiNCE T. PHELAN, ESQUIRE FRANCIS S: HALLINAN, ESQUIRE Attorneys for Plaintiff File ~: 135618 LEGAL DESCRIPTION ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees four minutes thirty seconds East (N. 63 degrees 44 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.$9) feet to an iron pin and North fifty-six degrees fifty-three minutes East {N. S6 degrees S3 minutes E.) one hundred {100.0) feet to an iron pin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Kelly Tract), Plan Book 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.} two hundred seventy-nine and sixty hundredths (279.60} feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W.) one hundred (100.0} feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths {211.75} feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty- five seconds West (N. 26 degrees 57 minutes 45 seconds W.} two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24, 1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. 1 and 21, Washington Heights (Kelly Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. SEE Deeds into George G. Hatter and Alice J.H. Hatter, also known as Alice J. Hatter, in Cumberland County Deed Book Z, Volume 10, Page 192, Deed Book W, Volume 11, Page 599 and Deed Book L, Volume 16, Page 476, and Deed from them in Deed Book Y, Volume l7, Page 568. George G. Hatter died February 2S, 1976, and said land passed by operation of law to Alice H. Hatter, also known as Alice J.H. Hatter and Alice J. Hatter, Grantor herein, all of said names being versions of the name of the same person who is the grantor herein. The said Alice H. Hatter has constituted Commonwealth National Bank and Heath L. Allen her attorneys-in-fact by Power of Attorney dated June 28, 1976, and to be herewith recorded, and said attorneys-in-fact have joined in the execution hereof to eliminate any title question arising out of an earlier incompetency proceeding since abandoned on the regaining of unquestioned competency by the Grantor. PROPERTY BEING: 726 INDIANA AVENUE File #: 135618 Exhibit "B" PHELAN AALLINAN & SCII1vIIEG, L.I,.P. By: DANIEL G. SCHMIEG IdentiCcation No. 62205 Attorney Cor Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 t21 ~ 563-7000 WELLS FARGO BANK, N.A., SIB/M Tp WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISIQN Plaintiff, . ~, NO. 06-3373 GLENN R. ENCK, III CIiIJRYI, A. ENCK :. Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T0~_ _' ~ ~_„ ANSWER AND A9SESSIVYENT OF DAIVIAGES "_'' _-'-' ~ ~. .J„ _ _ +µ~ 1if .~... ~: TO TI-IE PitOTT-IONOTARX: ~=; : - _ '~~ `'c --: ,;, Kindly enter an in iem judgment in favor of the Plaintiff and against GL ~, :_ :R. C ' ~II and CHERYL A. ENCK; Defendant(s) for failure to file an Answer to Plaintiffs tysimplaint "~ n 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, aid assess ~aintifl's damages as follows: f~~' ~` As set forth in Complaint ~ ..: :- ~ ;;; ., .. -~~ $305,500.14 Interest from 6/I 4/06 to 7/2b/Ob ~ ~' `' "~ '~ F"~ ' ~ .~ ~'i 3~ $2,152.15 TOTAI. $307,G52.29 T hereby certify.that (1}'the addresses of the. Plaintiff and Defendants} are as shown above, and (2) that notice has been given in accordance with Rule 237. i, copy attached. DANIEL G. SCIIMTECr, ESQUIltE . _.'~'~ Attorney for Plaintiff 1- ,.. DAMAGES ARJE HEREBY ASSESSED AS 1NDICATED. DATE: C '~~ ~.(>G~ PRO PROTHY 135618 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 unsworn falsification to authorities. Phelan Hallinan &'S hmieg, LLP ,-, ' , . DATE: ~~ I By: - M ch e M. radford, Esquire 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., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff Civil Division vs. Cumberland County County Glenn R. Enck, III No. 06-3373 Cheryl A. Enck 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. Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 DATE: ~~~~ ` elan Hallinan & S ieg, LLP / ~, B~' Michele M. l~radfor3 Esquire Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff v. Glenn R. Enck, III Cheryl A. Enck Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3373 CIVIL ORDER OF COURT AND NOW, this 19th day of December, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before January 9, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ~' ~' hc~0~r~ na~.~:~ro-tn ~ J ~~nr+n- e ~hele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~lenn R. Enck, III Cheryl A. Enck ' Defendants M. L. Ebert, Jr., bas ~ ~ ~~' .1~/ 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., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants Court of Common Pleas Civil Division Cumberland County No. 06-3373 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the December 19, 2006 Rule directing the defendant to show by January 9, 2007 was sent to the following individuals on the date indicated below. Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 DATE: ~~ Phelan Hallinan & Schmie ,LLP y: / ~~~ Michele M. Bradford, Attorney for Plaintiff ~ ~` ~ crt ~ ~ _ t ~ ~ ~;_: t.~ ~.E ~~~ 'v ~ ~. -''~- ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ~21~) s63-~~~~ Wells Fargo Bank, N.A., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff vs. Civil Division Cumberland County No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case 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 December 14, 2006. 3. A Rule was entered by the Court on or about December 19, 2006 directing the Defendants 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 apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on December 27, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 9, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP ~~ :~ ' , ,~ ~ ' i r .~-- Michele M. ra ord, Esquire Attorney for the Plaintif 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 (211 5(~-7(1(l~ Wells Fargo Bank, N.A., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Civil Division Plaintiff Cumberland County vs. No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants RRTFF TN fiTTPPnRT nF Pi,ATNTiFF'4 MnTTnN Tn MAKF, RITi.F, ARSnT.ITTF A Motion to Reassess Damages was filed with the Court on December 14, 2006. A Rule was entered by the Court on or about December 19, 2006 directing the Defendants 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 December 27, 2006 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 9, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN &SCHMIEG, LLP .'•~ ,~. £,: / ~ ~ [~ Date Michele M. Bradford, Esquire Attorney for the Plaintiff Exhibit "A" Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plainfiff v. Glenn R. Enclc, III Cheryl A. Enck Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3373 CIVIL ORDER OF COURT AND NOW, this 19~' day of December, 200fi, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before January 9, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. if the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Glenn R. Endc, III Cheryl A. Enck Defendants M. L. Ebert, Jr., bas Exhibit "B" 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 X215) 563-7000 Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff ~.~ Cumberland County vs. V~ ~~~ ~~~'~~~ No. 06-3373 Glenn R. Enck, III .~^,~t~ S~QI~ Cheryl A. Enck ~' pL~G~` Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the December 19, 2006 Rule directing the ~, defendant. to show by January 9, 2007 was sent tot . 1>a~Ollowing individuals on the date indicated y , t~~, below. ~~ i~ k~~` ~~ Glenn R. Enck, III "~~~` Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 AA !~ ~j ~; J DATE: ~C~ ~ / ~~ ~ s 4~~ ~~~~~~~~a ~. --,~ ,~ ~, Phelan Hallinan & Schmie ,LLP Y~ Michele M. Bradford, Attorney for Plaintiff ~ Q ~ ° ~ ----~~ rn~ ~- ;~=_ ~ ca ~~ _~~ d 1 ~__. CL" ~~; "t7 ~ ~Ti z ~ ~~ w ~ u~ Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take 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 I ~ ~~ I Date relating to the unsworn falsification of authorities. ,, ,r, ,. ~. Miche e M. Brad ord, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2.L~1 _5E3-70~~ Wells Fargo Bank, N.A., S/B/M to Wells Fargo Court of Common Pleas Home Mortgage, Inc. Plaintiff vs. Civil Division Cumberland County No. 06-3373 Glenn R. Enck, III Cheryl A. Enck Defendants I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Glenn R. Enck, III Cheryl A. Enck 726 Indiana Avenue Lemoyne, PA 17043 ~~ ~,., Date: ~ ~ ' Michele M. Bradfor ,Esquire Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to IN THE COURT OF COMMON PLEAS OF Wells Fargo Home Mortgage, Inc. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. Glenn R. Enck, III Cheryl A. Enck Defendants : 06-3373 CIVIL ORDER OF COURT AND NOW, this 17th day of January, 2007, upon consideration of the Plaintiff's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. By the Court, M. L. Ebert, Jr., J. ~chele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~enn R. Enck, III Cheryl A. Enck 1 Defendants bas ~ -o`~ o~"`~/ ~,,. ~... >"'ta'~'t;~ rv~,~; ~t ,~~~~ . ~r alli6 200~~,~^~~ r' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Court of Common Pleas Civil Division Cumberland County No. 06-3373 Defendants i~ AND NOW, this~day of ~ gv-~e ~_, 2007 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $286,584.14 Interest Through 02/07/07 24,776.57 Per Diem $50.05 Late Charges 750.40 Legal fees 1,250.00 Cost of Suit and Title 1,039.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit $,637.44 TOTAL $323,037.55 Plus interest from 02/07/07 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. BY THE COURT 135618 • '~. PHELAN HALLINAN & SCHIVIIEG, LLP By: DANIEL G. SCHMIEG, ESQUIIZE ATTY. I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CN1L DNISION Wells Fargo Bank, N.A., S/B/M To Wells Fargp Home Mortgage, Inc. Plaintiff vs. Glenn R. Enck, III Cheryl A. Enck Defendants STIPULATION County: Cumberland Filed: June 14, 2006 No. 06-3373 Civil Term It is hereby stipulated and agreed by and between counsel for Plaintiff, and The United States of America, as follows: 1. That the premises known as 726 Indiana Avenue, Lemoyne, PA, is owned by Glenn R. Enck, III and Cheryl A. Enck. 2. That on December 21, 2001 Defendants, Glenn R. Enck, III and Cheryl A. Enck made, executed, and delivered a Mortgage upon the premises, which mortgage is recorded in the Office for the Recorder of Deeds of Cumberland County in Mortgage Book 1744, Page 335, which mortgage was subsequently assigned to Plaintiff. Said Mortgage is attached hereto and marked as Exhibit "A". 3. 'ITiat PTairi~iff filed an action mn mortgage~ieclosure against the defendant on June 14, 2006 a true and correct copy of which is attached hereto and marked as Exhibit "B". 4. That Plaintiff has subsequently discovered that the premises is encumbered by a Federal Tax Lien as set forth in the true and correct copy of the Notice of Federal Tax Lien attached hereto and marked as Exhibit "C". 5. That the Federal Tax Lien as set forth in Exhibit "C" is junior to plaintiffs mortgage. ~~ ~ 4i "t ° -1 . ~ 6. That the Complaint is hereby amended nunc pro tune to reflect the Federal Tax Lien as set forth in Exhibit "C" as required by 28 U.S.C. Section 2410 (b) and that the United States of America is made a defendant herein pursuant to 28 U.S.C. Section 2410. 7. That The United States of America is not indebted to the plaintiff. 8. That The United States of America agrees to service of the complaint, as herein amended, and entry of this action of judgment in favor of the Plaintiff and against The United States of America for foreclosure and sale of the mortgage premises. 9. That the premises vas sold at a judicial sale, at which sale notice provided to the United States of America in compliance with Pennsylvania Rule of Civil Procedure, Rule 3129.2. 10. That the judicial sale of said premises shall discharge the federal lien referred to in Exhibit "C", nunc pro tune. 11. That the proceeds of the sale shall be divided and distributed as the parties may be entitled. 12. That the United States of America preserves its right of redemption as provided in 28, U.S.C. Section 2410(c). 13. That the parties to this Stipulation shall bear their own respective costs in this proceeding. Respectfully submitted, Thomas A. Marino, United States Attorney Date: '7 ` ~` ~ Assistant United States Attorney Attorney for United States of America 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19102 Attorney for Plaintiff a ~.. ~.~ ~~. x,., ~~ ~ ~ ~~ -~ ,__ ~ r - {? .= ~, .~ ~' c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the SherifFs Deed in which Federal Home Loan Mtg Com is the grantee the same having been sold to said grantee on the 7th day of Feb A.D., 2007, under and by virtue of a writ Execution issued on the 3rd day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3373, at the suit of Wells Fargo Bank N A against Glenn R Enck III & Cheryl A is duly recorded in Deed Book No. 278, Page 4966. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. 2c~o Recorder of Deeds R~~uu~ o~ t,aw~, vuu~o8f16fld Cairity Ci161N. PA ~1y Ca~wniesion ~tro.tne FM«~loeoayd~.~ot0 Wells Fargo Bank, NA s/b/m to Wells Fargo Home Mortgage, Inc. VS Glenn R. Enck III and Cheryl A. Enck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3373 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2006 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Glenn R. Enck, III and Cheryl A. Enck, by making known unto Glenn Enck, III personally and husband of Cheryl A. Enck, at 726 Indiana Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1019 hours., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Glenn R. Enck, III and Cheryl A. Enck located at 726 Indiana Ave., Lemoyne, Cumberland County, 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: Glenn R. Enck, III and Cheryl A. Enck, by regular mail to their last known address of 726 Indiana Ave., Lemoyne, PA 17043. These letters were mailed under the date of October O5, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 7, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation, of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,201.93. Sheriff s Costs: Docketing $30.00 Poundage 23.57 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 9.56 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 491.00 Patriot News 403.46 Share of Bills 15.94 Distribution of Proceeds 25.00 Sheriff s Deed 40.50 $1,201.93 / `~"" 3// ~° 7 So AG7nsw~,ers: R. Thomas Kline, Sheriff BY dt-~`'~ ~,~ Q~~ ~ ~ 3 6 : S,v ~ , 1. ~. 57a ~~ ~~Qoo59 .~ m WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GLENN R. ENCK, III CHERYL A. ENCK N0.06-3373 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A., S/B/M TO WELL5 FARGO HOME MORTGAGE, INC., 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 ,726 INDIANA AVENUE, LEMOYNE, PA 17043 . 1. Name and address of Owner(s) or reputed Owner(s): Name GLENN R. ENCK, III CHERYL A. ENCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 726 INDIANA AVENUE LEMOYNE, PA 17043 726 INDIANA AVENUE LEMOYNE, PA 17043 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 US Treasury Department Pittsburgh Last Known Address (if address cannot be reasonably ascertained, please indicate) Room 808, 1000 Liberty Avenue, Pittsburgh, PA 15222-9974 4. Name and address of last recorded holder of every mortgage of record: Name Norwest Bank Colorado, N.A. Wells Fargo Bank West, NA, Wells Fargo Bank West, NA, Beneficial Consumer Discount Company, d/b/a, Beneficial Last Known Address (if address cannot be reasonably ascertained, please indicate) 4455 Arrows West Drive, P.O. Box 49069, Colorado Springs, CO 80949-9069 4455 Arrows West Drive, P.O. Box 49069 Colorado Springs, CO.80949 526 Chapel Hills Drive, Colorado Springs, CO. 80920 4910 Carlisle Pike, Suite 104, Mechanicsburg, PA 17050 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 726 INDIANA AVENUE LEMOYNE, PA 17043 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 unsworn falsification to authorities. July 31, 2006 DATE G........~ /Lt _ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ,,~ 1 ' .~ WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. GLENN R. ENCK, III CHERYL A. ENCK Defendant(s). TO: GLENN R. ENCK, III 726 INDIANA AVENUE LEMOYNE, PA 17043 3uly 26, 2006 CUMBERLAND COUNTY No. 06-3373 CHERYL A. ENCK 726 INDIANA AVENUE LEMOYNE, PA 17043 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMP7' TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 726 INDIANA AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $307,652.29 obtained by WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. (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: 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. 3. You may also be able to stop the sale through other legal proceedings. r~ 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 maybe 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 maybe 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 ALL that tract situate in the Borough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a paint on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et ux.; thence along said south side of Indiana Avenue North sixty-three degrees four minutes thirty seconds East (N. 63 degrees 04 minutes 30 seconds E.) one hundred sixty-three and eighty-nine hundredths (163.89) feet to an iron pin and North fifty-six degrees fifty-three minutes East (N. 56 degrees 53 minutes E.) one hundred (100.0) feet to an iron pin; thence along Lot No. 2 and Lot No. 20 of Washington Heights (Reify Tract), Plan Book 7, Page 25, South thirty-six degrees fifty-six minutes East (S. 36 degrees 56 minutes E.) two hundred seventy-nine and sixty hundredths (279.60) feet to an iron pin on the north side of Ohio Avenue; thence along said north side of Ohio Avenue South sixty-two degrees forty-four minutes West (S. 62 degrees 44 minutes W.) one hundred (100.0) feet and South sixty-three degrees seven minutes West (S. 63 degrees 07 minutes W.) two hundred eleven and seventy-five hundredths (211.75) feet to an iron pin; thence along portions of Lot No. 28 and Lot No. 21 of Washington Heights, Plan Book 1, Page 24, North twenty-six degrees fifty-seven minutes forty-five seconds West (N. 26 degrees 57 minutes 45 seconds W.) two hundred sixty-five (265.0) feet to an iron pin, the place of BEGINNING. CONTAINING 1.77 acres as surveyed by Ronald S. Raffensperger on June 24,1977, on which are erected a frame and stone residence and a frame garage, said residence known generally as 726 Indiana Avenue. The tract consists of Lots No. 1 and 21, Washington Heights (Reify Tract), Plan Book 7, Page 25, of Lots No. 22, 23, 24, 25, 26, and 27 and the eastern portions of Lots No. 21 and 28 of Washington Heights, Plan Book 1, Page 24. PARCEL IDENTIFICATION NO: 12-21-0267-122 CONTROL #: 12000712 TITLE TO SAID PREMISES IS VESTED IN Glenn R. Enck, III and Cheryl A. Enck, his wife, by Deed from Alice J. Hatter, widow, dated 06/28/1977, recorded 06/30/1977, in Deed Book G 27, page 641. PROPERTY ADDRESS: 726 INDIANA AVENUE, LEMOYNE, PA 17043 .~ , ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3373 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., SB/M TO WELLS FARGOHOME MORTGAGE, INC. Plaintiff (s) From GLENN R. ENCK, III AND CHERYL A. ENCK (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 $307,652.29 L.L. $.50 Interest FROM 7/27/06 TO 12/6/06 (PER DIEM - $50.57) -- $6,725.81 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 CURTIS R. LONG Prothonot (Seal) By. 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: PLAINTIFFF Telephone: 215-563-7000 Supreme Court ID No. 62205 o~~de~ Real Estate Sale # 10 On August 21, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 726 Indiana Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2006 By: ~ ~ ~~~ Real Estate Sergeant I S ~~ d i l 9f1d 9001 ` ~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 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 andlor Sunday! Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 SALE #10 ~~. +~~i ~o. '~ata~r'~r,~1 a «ati ~ 0 .. _ ~ a ~~' ~ a a ` ~~ a ~' 1' , ~, II AiI. Tf1AT tract a+mde in ~ d fli ' >~ ~ .' f ~~sn: iersi~aei , ac a lout ar 1he eoe~ ate dLri~e Ax~oeat~agae toardt~ohai~dr lw~lrei~ 71i ~.fa~-.st...... ............... ~J .. ... Y~~~~.......................................... Sworn to and u rib efore me this 1 t~Po~~vp~ll.QlAN1A Notarial Seat Terry L Russell, Notary Public City Of Harrisburg, Dauphin County Nly Commi ion June 6,2010 f~ Member. Pe svi~2 ~ - As_ ciation of Notaries NOT CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~~~~s 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: October 20, October 27 and November 3, 2006 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. 10 Writ No. 2006-3373 Civil Wells Fazgo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. vs. Glenn R. Enck, III and Cheryl A. Enck Atty.: Daniel Schmieg ALL that tract situate in the Bor- ough of Lemoyne, formerly East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Indiana Avenue at an iron pin located two hundred seven and two-tenths (207.2) feet to the east of a concrete monument and at line of land now or late of Joseph H. Baker, et u~c.: thence along_sad_.. Marie Coyne, WORN TO AND SUBSCRIBED before me this 3 day of November. 2006 ~~~ $~ V Lois E. SNYDER, Notary Pubac CiarilSi6 i3oro, Cumberbuid Cow~ly My Commission Expires March 5, 2!)09