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HomeMy WebLinkAbout06-7100PHEL,AN 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 215)._563-7000 _145316 STATE FARM BANK, F.S.B. 425 PHILLIPS BLVD. EWING, NJ 08618 V. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 06 -'1100 e!u1L? - CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You leave 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 TI IIS PAPER TO YOUR LAWYER A I" ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIIIS OFFICE CAN PROV IDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE. PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File 4i 145316 IF THIS IS THE. FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE. VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL. FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL. THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE. CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 145316 Plaintiff is STATE FARM BANK, F.S.B. 425 PHILLIPS BLVD. EWING, NJ 08618 The name(s) and last known address(es) of the Defendant(s) are: LES`I'ER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01 /20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR STATE FARM BANK, F.S.B. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 1373. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 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 4 ' 145316 6. The following amounts are due on the mortgage: Principal Balance $37,406.32 Interest 1,218.52 07/01/2006 through 12/11/2006 (Per Diem $7.43) Attorney's Fees 1,250.00 Cumulative Late Charges 56.50 01/20/2006 to 12/11/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 40,481.34 Escrow Credit 0.00 Deficit 318.36 Subtotal $ 318.36 TOTAL $ 40,799.70 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. 1f' the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem_.ludgment against the Defendant(s) in the sum of $ 40,799.70, together with interest from 12/11/2006 at the rate of $7.43 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, UP BY: rands S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 145316 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: 1EGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter. South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. 13EING the same premises which ANNA B. MAYBERRY, administratrix of the Estate of Grace Boyd Nunemaker, granted and conveyed to JOHN R. SNYDER, JR., and PEARL E. SNYDER, his wife, grantors herein, by deed dated December 2, 1961 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'J' VoLinie 20, Page 791. PARCEL NO. 06-20-1798-186 PROPERTY 13EING: 440 FACTORY STREET 1?ile 4 145316 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ! a' , l n ? ?T -T, IN) f 71, CO co 0 t/) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 STATE FARM BANK, F.S.B. 425 phillips blvd. ewing, NJ 08618 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100-CIVIL TERM LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE 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 LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE and., 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 12/12/06 to 2/1/07 TOTAL $40,799.70 $386.36 $41,186.06 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1007 P O PROT 145316 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 STATE FARM BANK, F.S.B. 425 phillips blvd. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CIVIL DIVISION NO. 06-7100-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE is over 18 years of age and resides at, 440 FACTORY STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. CHMIEG, ESQU Attorney for Plaintiff F A 0 0 W cf? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM BANK, F.S.B. 425 phillips blvd. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). DANIEL G. SCHMIEG, ESQUIRE 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." 2007. By: If you have any questions concerning this matter, please contact: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 STATE FARM BANK, F.S.B. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). No. 06-7100-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Add'I cost $2,029.50 Amount Due $41,186.06 Interest from 2/1/07 to JUNE 13, 2007 $893.64 and Costs (per diem -$6.77) TOTAL $44,109.20 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 145316 d W ? a V? z V? W O O U PG, A O a U OG. HA S, x' V C`4 a Z' U to% w ? O d ?, au O c A w W a n a w •V V _! y fJ 1 M 4 ct- M 4 t' d a U a ? M v w ? o? o ,. a? d ?`?f C Mme/ L '6? DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of "A" Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. PARCEL IDENTIFICATION NO: 06-20-1798-186 CONTROL M 0600110 TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/2012006, recorded 02/0312006, in Deed Book 273, page 110. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7100 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE FARM BANK, F.S.B., Plaintiff (s) From LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE (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 $41,186.06 L.L. $.50 Interest FROM 2/1107 TO 6/13/07 (PER DIEM - $6.77) - $893.64 AND COSTS Atty's Comm % Atty Paid $114.40 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L COST $2,029.50 Date: FEBRUARY 6, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 - 6??CA4 C tis R. Long, ono By: Deputy 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 STATE FARM BANK, F.S.B. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100-CIVIL TERM 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 unworn falsification to authorities. .10k DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -R-s ? s ? On tf ` STATE FARM BANK, F.S.B. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) STATE FARM BANK, F.S.B., 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 ,440 FACTORY STREET, CARLISE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name LESTER SPIDLE AXIA LESTER EUGENE SPIDLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 440 FACTORY STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4V A. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) State Farm Bank, F. S . B . One State Farm Plaza Bloomington, IL 61710 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 440 FACTORY STREET CARLISE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13'x' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 16222 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 unworn falsification to authorities. February 1, 2007 4SCAMIEGES , DATE DANIELQU Attorney for Plaintiff r 5 r: 7 0 -Ti STATE FARM BANK, F.S.B. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CUMBERLAND COUNTY No. 06-7100-CIVIL TERM February 1, 2007 TO: LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 440 FACTORY STREET, CARLISE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,186.06 obtained by STATE FARM BANK, F.S.B. (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 may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of "A" Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. PARCEL IDENTIFICATION NO: 06-20-1798-186 CONTROL M 0600110 TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. t J CD PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 State Farm Bank, F.S.B. Court of Common Pleas vs. Plaintiff : Civil Division : Cumberland County Lester E. Spidle No. 2006-7100 Civil Term A/K/A Lester Eugene Spidle Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 13, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on February 6, 2007 in the amount of $41,186.06. 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 June 13, 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 Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $37,406.32 Interest Through 6/13/07 2,576.40 Per Diem $7.53 Late Charges 69.36 Legal fees 1,675.00 Cost of Suit and Title 1,202.00 Sheriffs Sale Costs 0.00 Property Inspections 111.10 Appraisal/Brokers Price Opinion 140.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 283.24 TOTAL $43,463.42 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage.. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with CumberlandCounty Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & Schmieg, LLP By: --_ 1 Michele M. Bradf rd,quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 State Fann Bank, F.S.B. Plaintiff vs. Lester E. Spidle A/K/A Lester Eugene Spidle Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 2006-7100 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant 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 440 Factory Street, Carlisle, PA 17013. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheri ff s 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment: reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff: IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VIL CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallman & Schmieg LLP By. Michele M. rad o "quire Attorney for Plaintiff Exhibit "A" .-r PHELAN 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) 56170Q0 145316 STATE FARM BANK, F.S.B. 425 PHILLIPS BLVD. E'WING, NJ 08618 Plaintiff V. LESTER E. SPIDLE AWA LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE. PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVfL DIVISION TERM NO. 0(, _ '71JC b CUMBERLAND COUNTY a 4z T1 _y ? Q Defendant T : _.. C l VfL ACTION LAW COMPLAINT IN MORTGAGE FOI2ECEOSUItE NOTICE is ?"' 1c You have been sued in court. If you wish to defend against the claims set forth in the glovg? 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 TAKI1. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO] HAVE A LAWYER„ GO TO OR TELEPHONE THE [)FFICE SET FORTH BEI.6VV- THIS OFFICE CAN PROVIDE YOU WITI-t INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. tiV 1 11 hereby wiirar t cert??y corz't D be a true and °j te°pY of the PHELA fY Lawyer Referral Service Cumberland County Bar Association 32 South. Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 14531b PHELAN 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 (215) 563-7000 145316 STATE FARM BANK, F_S.B. 425 PHILLIPS BLVD. 1-1-WING. NJ 08615 V. Plaintiff LESTER E. SPIDLE A/K/A. LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 1701 Defendant 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 hventy (20) days after this complaint and notice are served, by enterii-ig a written appearance personally or by attorney and tiling in writing with the court your defenses or ohjections 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; TI-41S PAPER TO YOUR LAWYER A F ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN P.ROVII)]?. vOLJ WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. "? , e? PC Correct fto and 06947al f)dl? Of tt;e HEIsly record -44 Lawyer Referral Service Ctunberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9105 File#, 145316 IF TI [IS YS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED "fI-TAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NO'T' 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 TINS 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 #: 145316 I . Plaintiff is STATE FARM BANK. F_S.B. 425 PHILLIPS BLVD. EWING, NJ 08618 2. The name(s) and last known address(es) of the Defendant(s) are: LEST"ER E. SPIlaLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR STATE FARM BANK, F.S.B. which. mortgage is recorded in the Office of the Recorder- of CUMBERLAND County, in Book: 1939, Page: 1373. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal arid interest upon said mortgage due 08/01/2006 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 #• 145:316 6. The following amounts are due on the mortgage: Principal Balance $37,40632 Interest 1,218.52 07/01/2006 through 12/11 W06 (Per Diem $7.43) Attorney's Fees 1,250.00 Cumulative Late Charges 56.50 01/20/2006 to 12/] 1/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 40,481.34 Escrow Credit 0.00 Deficit 318.36 Subtotal 318.36 TOTAL $ 40,799.70 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance .Agency- WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 40,799.70, together with interest frorn 12/11/21/2006 at the rate of $7.43 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 A rancis S Ha na?'?? ? LAWRENCE T. PHELAN, ESQUIRE; FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File u: 145316 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; ihenco along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albeit Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. BEING the same premises which ANNA B. MAYBERRY, administrat:rix of the Estate of Grace Boyd Nunemaker, granted and conveyed to JOHN R. SNYDER, JR., and PEARL E. SNYDER, his wife, grantors herein, by deed dated December 2, 196) 1 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'J' Volume 20; Page 791. PARCEL NO. 06-20-1798-186 PROPERTY BEING; 440 FACTORY STREET File N: 145316 Exhibit "B" PHELAN HALLINAN & SCHWEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 STATE: FARM BANK, F.S.B. 425 phillips blvd. CUMBERLAND COUNTY ewing, NJ 08618 COURT OF COMMON PEA Plaintiff, CIVIL DIVISION NO. 06-7100-CIVIL Tliil 3 LESTER. SPIDLE AXIA LESTER EUGENE r i.. SPIDLE =. Z' ? Defendant(s). - PRAECIPE FOR IN REM JUDGMENT FOR FA 8AM'- ANSWER AND ASSESSMENT OF DAMAGES TO nIE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LESTER. SPIDLE AJKIA LESTER EUGENE SPIDLE and , 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 $40,799.70 Interest from 12/121I16-to-2/1/07 $386.36 TOTAL $41,186.06 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 45316 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fcdphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Lester E. Spidle A%K/A Lester Eugene Spidle 440 Factory Street Carlisle, PA 17013 RE: State Farm Bank, F.S.B. vs. Lester E. Spidle A/K/A Lester Eugene Spidle Premises Address: 440 Factory Street, Carlisle, PA 17013 Cumberland County CCP, No. 2006-7100 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Monday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise., please be guided accordingly. V truly your; M he e Bra , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure A&* PA 7 # r Y. -_a c7l m a ., a 0 ?z a, c b? a b. ?o s b a gg ? ? ? roq c fVW N tra o K ? ? Q9.? ro a d o H A ?N 7 Cn A F G ry N y? d D • ? a b ? ~ L N O Y Z ? coo H 4 *t (f2 A T ? N co ck. a' o 9 00 vJ ? x IrD ? r to tc ro a O o c? T cs, 17. N cv co +C"1 tN CD 0 W to 0 Y+ R to CD ' 7 f1TtyEY gpYJES 02 1M $ 40-950 000421 8010 .APR 1 7 2007 MAILED FROM ZIP CODE 19 103 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. , Phela a, i an, Sieg,-AL' ?j DATE: By: l ichele M. Bradf rd, use Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 State Farm Bank, F.S.B. Plaintiff VS. Lester E. Spidle A/K/A Lester Eugene Spidle Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 2006-7100 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Lester E. Spidle A/K/A Lester Eugene Spidle 440 Factory Street Carlisle, PA 17013 DATE: Phela i Haljin6-?& Schmieg, "4? Mi ele . Bradford, E q i Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF STATE FARM BANK, F.S.B. DEFENDANT(S) LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE SERVE LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE AT 440 FACTORY STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-7100-CIVIL TERM PHS. #146316 Type of Action - Notice of Sheriffs Sale Sale Date: NNE 13, 2007 Served/ and made known to L cS ?cr Defendant, on the day of re bPUa?Y. 200-7 at _I. o'clock ! .m., at N 0 1- 4 c o ''v ?- Commonwealth of Pennsylvania, in the manner described below: VsyDefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Ag(e?! tO`_V Height Sl?i rl Weight 1&6 Race W Sex 4 Other I, Q Ic-O?e , 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. and su?isWA. this /% le y 200_' DK / / . By: fl SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 1 State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of . 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I't Attempt: Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 - Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 s 7 rr, w -zjCJ C7 °sEi APR 87 2007 Ma IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY PENNSYLVANIA State Farm Bank, F.S.B. Plaintiff vs. Lester E. Spidle A/K/A Lester Eugene Spidle Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7100 Civil Term RULE AND NOW, this g? day of ! Y ` 2007, a Rule is entered upon the Defendant- to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the V day of 2007, at3•b0 ?in the Din Courtroom of the Cumberland County Courthouse, Carlisle, P, sy a. B TH T, 145316 {°"t,ti??'? ???{? tltr 3 ? ;',??? W,., • r" ,?"`, ?????v?-41C'?? ?1? ?(.? ??tJ???? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Farm Bank, F.S.B. Plaintiff VS. Lester E. Spidle A/K/A Lester Eugene Spidle Defendant TO THE PROTHONOTARY: : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7100 Civil Term PRAECIPE Plaintiff hereby withdraws its Motion to Reassess Damages, filed on April 26, 2007 in the above referenced action. laL63- a-- Date Michele . Bradford, Esquire Attorney A Plaintiff ,-; ? ?? t. `["? - t < ; _ ".?. -?, `'vi ?=-? J._ {_ ??r?? 4 d J ?? W/ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Farm Bank, F.S.B. Plaintiff VS. Lester E. Spidle A/K/A Lester Eugene Spidle Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7100 Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Lester E. Spidle A/K/A Lester Eugene Spidle 440 Factory Street Carlisle, PA 17013 5 Date Michele radfor Esquire Attorney or Plaintiff ? ?_, ? a c,.? _,,. -., , M ? ?; } ??? ? ? ? ? .? ` ? ?? ?.?" . +` ? 1-0. SHERIFF'S RETURN - REGULAR ...?. now CASE NO: 2006-07100 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM BANK F S B VS SPIDLE LESTER E SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SPIDLE LESTER E the DEFENDANT , at 2125:00 HOURS, on the 26th day of December-, 2006 at 440 FACTORY STREET CARLISLE, PA 17013 by handing to LESTER SPIDLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 3 2. 4 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff was served upon of A. D. State Farm Bank, F.S.B. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Lester Spidle a/k/a Lester Eugene Spidle Writ No. 2006-7100 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2007 at 1832 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Lester Spidle a/k/a Lester Eugene Spidle, by making known unto Lester Spidle, personally, at 440 Factory Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1337 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lester Spidle a/k/a Lester Eugene Spidle, at 440 Factory Street, Carlisle, 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 defendant, to wit: Lester Spidle a/k/a Lester Eugene Spidle, by regular mail to his last known address of 440 Factory Street, Carlisle, PA 17013. This letter was mailed under the date of April 4, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 15.50 Advertising 15.00 Posting Handbills 15.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Prothonotary 1.00 Law Library .50 Share of Bills 16.17 Law Journal 355.00 Patriot News 297.89 S 790.66 V So Answers: R. Thomas Kline, Sheriff BY Real Estate S geant LIoW !e 1 J BUJ /f3SGL • STATE 1±ARM BANK, F.S.B. Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) STATE FARM BANK, F.S.B., 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 ,440 FACTORY STREET, CARLISE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) State Farm Bank, F . S . B . One State Farm Plaza Bloomington, IL 61710 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. 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 Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 440 FACTORY STREET CARLISE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue 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. February 1, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff STATE FARM BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. No. 06-7100-CIVIL TERM LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). . February 1, 2007 TO: LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 440 FACTORY STREET, CARLISE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,186.06 obtained by STATE FARM BANK, F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of "A" Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. PARCEL IDENTIFICATION NO: 06-20-1798-186 CONTROL #: 0600110 TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7100 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW =.p.. TO THE SHERIFF OF CUMBERLAND COUNTY:` To satisfy the debt, interest and costs due STATE FARM BANK, F.S.B., Plaintiff (s) From LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE (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 $41,186.06 L.L. $.50 Interest FROM 2/1/07 TO 6/13/07 (PER DIEM - $6.77) - $893.64 AND COSTS Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: FEBRUARY 6, 2007 (Seal) Due Prothy $1.00 Other Costs ADD'L COST $2,029.50 C s R. Long, P ota 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: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 53 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 440 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: Real Estate Sergeant 9Z -£ d S ! € 31 1002 AAIz] t `f THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#53 ...................... .... ..."' - Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ferry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Cw_rnission Expires June 6, 2010 Me , P nnsvlvania Association of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ie Coyne, SWORN TO AND SUBSCRIBED before me this 4 day of May. 2007 P ?,, ;AL L(?ic r mr?,? :rv P 'h!ic G REAL ESTATE SALE NO. 83 Writ No. 2006-7100 Civil State Farm Bank, F.S.B. VS. Lester Spidle a/k/a Lester Eugene Spidle Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of "A" Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the west- ern side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGIN- NING. PARCEL IDENTIFICATION NO: 06-20-1798-186. CONTROL #: 0600110. TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, Page 110. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 STATE FARM BANK, F.S.B. Plaintiff, V. No. 06-7100 LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $41,186.06 Interest from 02/02/07 TO 06/11/08 (per diem -$6.77) Add'1 Costs TOTAL $3,357.92 and Costs $5.343.00 $49,886.98 *11, 91 DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 145316 w? 04 wa azz? Oz ?a O H Uz p0 ?z o?¢ H? ?U W g N 0 as w F CA w a A w z W W a a a a H w a 0 U ? W ? O H? a?w 00 a? U a w a W E M O ti a w a a? U w a w 0 ili ti b ¢ a ti a? T'r p M V'1 * n C--; 29 CIE q ? yr -oni o ? ? ,? a ?- cn OoUG- so ;?. F S 000 6' 0 Q <' ctt N O IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LESTER E. SPIDLE Bk. No. 1:07-bk-01290 MDF Debtor Chapter No. 13 STATE FARM BANK, F.S.B. Movant v. 11 U.S.C. §362 LESTER E. SPIDLE . A/K/A LESTER EUGENE SPIDLE Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of STATE FARM BANK, F.S.B. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 440 FACTORY STREET, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Cowl, 7 .......... . B dpdfe (]DK) This document is electronically signed and faded on the same date. Dated: January 23, 2008 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. PARCEL IDENTIFICATION NO: 06-20-1798-186 Premises: 440 Factory Street, Carlisle, PA 17013 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 STATE FARM BANK, F.S.B. Plaintiff, V. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7100 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff _N Coca Wit. t ? F - C ' p cn -0 =It ;5 0 N J3 < I?7 •< STATE FARM BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS LESTER E. SPIDLE A/K/A CIVIL DIVISION LESTER EUGENE SPIDLE NO. 06-7100 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) STATE FARM BANK, F.S.B., 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 x440 FACTORY STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) State Farm Bank, F.S.B. One State Farm Plaza, Bloomington, IL 61710 5. Name and address of every other person who has any record lien on the property: .0 Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 440 FACTORY STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. March 4 2008 • DATE V.? DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff O Q S t? Mr-r Cft N N O C:3 A STATE FARM BANK, F.S.B. Plaintiff, V. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CUMBERLAND COUNTY No. 06-7100 March 4, 2008 TO: LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 440 FACTORY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,186.06 obtained by STATE FARM BANK F.S.B. (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 takc 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. PARCEL IDENTIFICATION NO: 06-20-1798-186 Premises: 440 Factory Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7100 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE FARM BANK, F.S.B., Plaintiff (s) From LESTER E. SPIDLE a/k/a LESTER EUGENE SPIDLE (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 $41,186.06 L.L. Interest from 2/02/07 to 6/11/08 (per diem - $6.77) -- $3,357.92 and Costs Atty's Comm % Atty Paid $926.56 Plaintiff Paid Date: 3/05/08 (Seal) Due Prothy $2.00 Other Costs $5,343.00 Pro honota By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 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 STATE FARM BANK, F.S.B. Plaintiff vs. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7100 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 December 13, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on February 6, 2007 in the amount of $41,186.06. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 440 FACTORY STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 07-01290 on April 26, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated January 23, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $37,406.32 Interest Through June 11, 2008 $5,273.33 Per Diem $7.53 Late Charges $346.80 Legal fees $2,860.00 Cost of Suit and Title $1,726.00 Sheriffs Sale Costs $1,432.40 Property Inspections/ Property Preservation $37.10 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,377.27 TOTAL $50,459.22 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 11, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: a JeeTi By: Attorney for Plaintiff eg, LLP Br d ord, E uire 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 (215) 563-7000 STATE FARM BANK, F.S.B. Plaintiff vs. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant CUMBERLAND County No. 06-7100 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 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 440 FACTORY STREET, CARLISLE, PA 17013. 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 Court of Common Pleas Civil Division Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage CoKp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: V 0 Melin By q Attorney for Plaintiff LLP Bradford, Es ui Exhibit "A" T PHELAN HALLINAN & SCHM[EG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 L215Z563-MOO 145316 STATE FARM BANK, F.S,B. 425 PHILLIPS BLVD. EWING, NJ 08618 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Cit., - '710b CUMBERLAND COUNTY LESTER E;_ SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 C" -? O cr• kz' Defendant L?? µ Csi . 6 1 CIVIL ACTION - LAW ?" -` ?yy 4 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE. c, R You have been sued in court. If you wish to defend against the claims set forth in the itritlovig ?{ 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 [Honey 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, (10 TO OR TELEPHONE THE OFFICE'SET FORTH BEL0V.-THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 141RING 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. *e heroby cerb y ,,e WM1ri #o be a true and correo copy of ttla ?g ?rd Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File R: 145316 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL. FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED TINS 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 #: 145316 I . Plaintiff is STA'CE FARM BANK, F_S.B_ 425 PHILLIPS BLVD. EWING. NJ 08618 2. The name(s) and last known address(es) of the Defendant(s) are: LESTER F. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR STATE FARM BANK, F.S.B. which. mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 1373. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01 /2006 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 N: 145316 6. The following amounts are due on the mortgage: Principal Balance $37,406,32 Interest 1,218.52 07/01/2006 through 12/11 /2006 (Per Diem $7.43) Attorney's Fees 1,250.00 Cumulative Late Charges 56.50 0 l /20/2006 to 12/11/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 40,481.34 Escrow Credit 0.00 Deficit 318.36 Subtotal 318.36 TOTAL $ 40,799.70 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 40,799.70, together with interest from 12/11/2006 at the rate of $7.43 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 HALLMAN & SCHMIEG, LLP By: ' rancis S. I-la nan' ?J .. A LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #.- 145316 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; ihenco along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to it point, the Place of BEGINNING, BEING the ware premises which ANNA B. MAYBERRY, administratrix of the Estate of Grace Boyd Nunem.aker, granted and conveyed to JOHN R. SNYDER, JR., and PEARL E. SNYDER, his wife, grantors herein, by deed dated December 2, 1961 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book'J' Volume 20, Page 791. PARCEL NO. 06-20-1798-186 PROPERTY BEING; 440 FACTORY STREET rite k: 145316 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: t " V Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 STATE FARM BANK, F.S.B. 425 phillips blvd. ewing, NJ 08618 Plaintiff, V. LESTER SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEA a CIVIL DIVISION NO. 06-7100-CIVIL TVAM ? ca ^c PRAECIPE FOR IN REM JUDGMENT FOR FA S O <:? k ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LESTER SPIDLE A/KIA LESTER EUGENE SPIDLE and , 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 $40,799.70 Interest from 12/12--to-2/1/07 $386.36 TOTAL ' ATE' $41,186-06 EAii R f bM 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 45316 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LESTER E. SPIDLE Bk. No. 1:07-bk-01290 MDF Debtor Chapter No. 13 STATE FARM BANK, F.S.B. Movant v. 11 U.S.C. §362 LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of STATE FARM BANK, F.S.B. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 440 FACTORY STREET, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Colin, B P 'Judge (]DK) This document is electronically signed and filed on the same date. Dated: January 23, 2008 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford,. Esquire Representing Lenders in Pennsylvania and New Jersey April 11, 2008 LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 RE: STATE FARM BANK, F.S.B. vs. LESTER E. SPIDLE, A/K/A LESTER EUGENE SPIDLE Premises Address: 440 FACTORY STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 06-7100 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 16, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. MMhe Madrd, uire For Phelan Hallinan & Schmieg, LLP Enclosure O O 00 00 a ra V L1a x U Q Q ?a C O ? O api U c ab Oa C R r?'i. 'fl c 8 •a ? zQo A D. U O - T ? . . - O C O - O E V .. ,i„6?? 'u E ? O ? C_ C v V. x 1??1 20 l6 l 90O-3dIZ Wpd? U31I1?Y ' v y L-ao Oto$4Wba 9 0 0 0 030 ZO 530-%OH A3Nlld ® Ad. 5n C 3 q?q ro N ? E E ? ttl . ?%d 90 N ? -S v p Gw 5 y v?E? ? ,0 w 0 v ° o°?n 6 O N C C O ? d .. U N O N 4 F v p O Q. ?? O N C W a ? ?o.c a r >oob-0 ',r a ° w cA °0 O 0 '' b -' rr ' tl Cr ?& ?vEr d b=° U ? rr I?1 ? y ? O O G? ? FL HwnS L 'Rt b w ? a m 9z s 6r Q w z a o y w ? w a cl w T H o ?+ ? W a°w L a b+ r R ? R M y w o Q? W 6.0 o as °° wa ? z a U Ha .fl Z M U ^? b _ C N / x C I T O ?. y RI ? b E ?a z ?l - N c+i V ?n ?O r- 00 0? O N ri H 'a 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. DATE: Thhl i i, LL P By: e . Bradford, ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 STATE FARM BANK, F.S.B. Plaintiff VS. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7100 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. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 DATE: 41 1 -4 O By: Mche MBra&orh., g, LLP uire e A ttorney for Plaintiff r- +?:? C:.-i'? .?.-'k 4-? .., .? ? {??? Y? t,.-? .. ?- F ,u...i C; .' i } { i.,r? _? ? ? ?-?. ?a `i AFFIDAVIT OF SERVICE PLAINTIFF STATE FARM BANK, F.S.B. DEFENDANT(S) LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE SERVE: LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE AT 440 FACTORY STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 06-7100 ACCT. #145316 Type of Action - Notice of Sheriffs Sale Sale Date: NNE 11, 2008 / SERVED Served and made known to Defendant, on the s' day of 11/ , 200 00 at /,Z:l o'clockP.m., at +I-- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age J Height G 1 Weight Race Gv' Sex A,, Other 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 tl1 aptioned case on the date and at the address indicated above. Sworn to and subscribed Ken;n?Ret1 W. Baker before me this S7' day C 19 Blabee Drive of w i 200 Burl' 08016 -lie Nota By:?%ti' a1 LEASE ATTE T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED On the NOTARY PUBLIC , 200, at o'clock _.m., Defendant NOT FOUND because: MY?"ONE %JO/Z!f/2 %Answer Vacant Ist Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -3!S-7 tow - t j4"'xf ?id.t 3 APR 812006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA STATE FARM BANK, F.S.B. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE No. 06-7100 Defendant RULE AND NOW, this day of TI r;J 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the 4? day of 2008, at •? in the Main Courtroom of the Cumberland County Courthouse, Harrisburg, nia. RT STER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 TEL: (717) 385-0707 J J. Michele M. Bradford, Esquire P Ian Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordgfedphe.com 145316 Son A,?-v_ 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 STATE FARM BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant CUMBERLAND County No. 06-7100 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 23, 2008 was sent to the following individual on the date indicated below. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 fi ieg, LLP DATE: r S !--C)--- By: jMi hele M. radfor , kquire Attorney for Plaintiff cn ; . CO c:n W SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM BANK, F.S.B. No.: 06-7100 VS. CUMBERLAND COUNTY LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 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: 440 FACTORY STREET, CARLISLE, PA 17013. 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 G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?J A a U 5? 0 ? v a° ? ^o 6y U V •fi ''r ?s 'ti' S C°' N C W y O p O I ? 1td4a:I F a m £046L ?fl??d12 0608lZbazo?. h 80?Z gQ ?yW WL p o b o a 6L 'isod N U ?i O "' ? yu?H 666a ° ? °o ° o U N E w a un `?" OU W W o ? v ?x U ? p ? ax > `? no w U ? x w w 0 3 00 `? O „ ? a O O Z p+ V, vNy ? "?? ? 1,01 0 00 a a U a 00 a? a? k m Uo 3 ??- o w ,d a ? E p U I d) V 'C Q i. ? b? ?. d O ti W _> rn o d ? a. W ?d W ?a F" a w W a d N J ? a w. w ?a ?b H z> o? zv r+ N n ° a T 00 c? ' ` cn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM BANK, F.S.B. Court of Common Pleas Plaintiff VS. LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Civil Division CUMBERLAND County No. 06-7100 Defendant ORDER AND NOW, this )30( day of / /? , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $37,406.32 Interest Through June 11, 2008 $5,273.33 Per Diem $7.53 Late Charges $346.80 Legal fees $2,860.00 Cost of Suit and Title $1,726.00 Sheriffs Sale Costs $1,432.40 Property Inspections/ Property Preservation $37.10 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,377.27 TOTAL $50,459.22 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote figure. Mi hele M. Bradford, Esquire lan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com STER E. SPIDLE AWA LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 TEL: (717) 385-0707 V Sheriffs commission is not included in the above B J. 145316 d ??' pGuZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which STATE FARM BANK FS B is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 7100, at the suit of STATE FARM BANK F S B against LESTER E SPIDLE AKA LESTER EUGENE is duly recorded as Instrument Number 200820747. IN TESTIMONY WHEREOF, I have he,Feunto set my hand and spl of said office this o?3 ? day of A.D.o7oo of Deeds Recwor of &A,$, CU"VAf W COWy. Caus, PA MY Cwii io Evins ft FNst MV48Y of JOL 2010 r State Farm Bank, F.S.B. In the Court of Common Pleas of vs Cumberland County, Pennsylvania Lester E. Spidle a/k/a Lester Eugene Spidle Writ No. 2006-7100 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2008 at 2025hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lester E. Spidle a/k/a Lester Eugene Spidle by making known unto Lester Spidle personally at 440 Factory Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1125 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 Lester E. Spidle a/k/a Lester Eugene Spidle located at 440 Factory Street, Carlisle, 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 defendant, to wit: Lester E. Spidle a/k/a Lester Eugene Spidle by regular mail to his last known address of 440 Factory Street, Carlisle, PA 17013. This letter was mailed under the date of April 01, 2008 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 June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of State Farm Bank FSB. It being the highest bid and best price received for the same, State Farm Bank FSB, of 425 Phillips Blvd., Ewing, NJ 08618, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $945.84. Sheriff's Costs: Docketing 30.00 Poundage 18.55 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 328.46 Share of bills 14.73 Distribution of proceeds 25.00 Sheriff's deed 39.50 $ 945.84 ? or ?-? So Answers- R. Thomas Kline, Sheriff - sr BY 4&&" Real Estate rgeant '4F,dv aJ(- d.,- a , 0 CMS ? ? yy 47 STATE FARM BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS LESTER E. SPIDLE A/K/A CIVIL DIVISION LESTER EUGENE SPIDLE NO. 06-7100 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) STATE FARM BANK, F.S.B., 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 ,440 FACTORY STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 440 FACTORY STREET CARLISLE, PA 17013 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) State Farm Bank, F.S.B. One State Farm Plaza, Bloomington, IL 61710 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 b. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 'Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 440 FACTORY STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. March 4, 2008 v4J DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff STATE FARM BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. No. 06-7100 LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE Defendant(s). March 4, 2008 TO: LESTER E. SPIDLE A/K/A LESTER EUGENE SPIDLE 440 FACTORY STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. •" Your house (real estate) at, 440 FACTORY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,186.06 obtained by STATE FARM BANK, F.S.B. (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 takc immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Of You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 J r LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. PARCEL IDENTIFICATION NO: 06-20-1798-186 Premises: 440 Factory Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT a COMMONWEALTH OF PENNSYLVANIA) NO 06-7100 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE FARM BANK, F.S.B., Plaintiff (s) From LESTER E. SPIDLE a/k/a LESTER EUGENE SPIDLE (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 $41,186.06 L.L. Interest from 2/02/07 to 6111/08 (per diem - $6.77) -- $3,357.92 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $926.56 Other Costs $5,343.00 Plaintiff Paid Date: 3/05/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #65 On March 06, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 440 Factory Street, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By: Real Es to Sergeant be .i d 9- WVW 8001 V??i N HS 3t- ` G ?31JAO4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 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. r /L Marie Coyne, ditor SWORN TO AND SUBS RIBED before me this 16 _day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My COMMIsSiOn Expires Apr 28, 2010 FAMM6 R'ATU 8dd& NO. " Writ No. 2006-7100 Civil State Farm Bank, F.S.B. vs. Lester E. Spidle a/k/a Lester Eugene Spidle Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erect- ed situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an al- ley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of laud formerly of Albert Paxton, now or hrmuwly of J. Duff Gee; tbimm along the latter, South 83 deprom 44 Mutes East, a distance of 188.5 feet to a point on the western she of Fuctory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr. and Pearl E. Snyder, his wife, dated 01/20/2006, recorded 02/03/2006, in Deed Book 273, page 110. PARCEL IDENTIFICATION NO: 06-20-1798-186. Premises: 440 Factory Street, Carlisle, PA 17013. ,, -The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 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 and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 44 'of Sworn to aid subscribed before me this 27 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries 2008 A. D. Real Estate Sale #65 Writ No. 2006-7100 Civil Term State Farm Bank, F.S.B. VS Lester E. Spidle alkfa Lester Eugene Spidle Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, hounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the he of land formerly of Albert Paxton, now or formerly of 1. Duff George: thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lester E. Spidle, a single man, by Deed from John R. Snyder, Jr, and Pearl E. Snyder, his wife, dated 01/2012006, recorded 02/0312006, in Deed Book 273, page 110. PARCEL IDENTIFICATION NO: 06-20-1798- 186 Premises: 440 Factory Street, Carlisle, PA 17013