Loading...
HomeMy WebLinkAbout07-5609 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162136 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D7 - S&M 0;V11 Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162136 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162136 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 File #: 162136 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 #: 162136 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 2179. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 03/01/2007 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 #: 162136 6. The following amounts are due on the mortgage: Principal Balance $122,916.81 Interest $5,529.48 02/01/2007 through 09/24/2007 (Per Diem $23.43) Attorney's Fees $1,250.00 Cumulative Late Charges $238.47 03/31/2006 to 09/24/2007 Cost of Suit and Title Search 550.00 Subtotal $130,484.76 Escrow Credit $0.00 Deficit $536.91 Subtotal 536.91 TOTAL $131,021.67 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162136 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,021.67, together with interest from 09/24/2007 at the rate of $23.43 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: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162136 . , a . LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, Cumberland County, State of Pennsylvania, more particularly bounded and described as follows: BEGIN the Western half of Lot No. 89, Section'C', Riverton, Pennsylvania, in a Plan of Lots known as Plan No. 1, the said Plan being recorded in the Recorder's Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book T, Volume 4, Page 40. The said lot fronting twenty (20) feet on the South side of Bosler Avenue and extending back the same width along the Eastern line of Fifth Street one hundred fifty (150) feet to Apple Alley, Having thereon erected the Western half of a two story frame dwelling house, No. 444 Bosler Avenue, with other necessary outbuildings. 444 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NUMBER 12-21-0265-228 File #: 162136 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 1 Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 4 D 17 ? Q D v w ? r x,7'7 ':: (u C-q 'C3I'tl ... In l Ln SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05609 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT MARLOW SCOTT 444 BOSLER AVE LEMOYNE, PA 17043 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 26.88 Affidavit 5.00 Surcharge 10.00 n 00 59.88 So answers_ l R. Thomas line Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/30/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05609 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him in his bailiwick. He therefore returns the (I(lT/f A TAT'T _ MnDT VnDV NOT FOUND , as to the within named DEFENDANT , MARLOW SCOTT 501 MILLER AVENUE MECHANICSBURG, PA 17055 DEFENDANT'S MOTHER LIVES AT THIS ADDRESS. DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: So answer_a.;.- i -', Docketing 6.00 '?'`?GJ ' Service 10.56 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 11101'07 31.56 PHELAN HALLINAN SCHMIEG 10/30/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 30th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 35.25 Postage .75 So answers=. / R. Thomas Kline Sheriff of Cumberland County 61.00 1/ ?Ib?i/b? 10/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Walls Fargo Bank NA • vs. Scott Marlow No. 07-5609 civil Now, octobQr 5, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to a copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE $ MILEAGE _ AFFIDAVIT County, PA Office of ?? S4-priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WELLS FARGO BANK NA vs • MARLOW SCOTT Sheriff's Return No. 1434-T - - -2007 OTHER COUNTY NO. 07-5609 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARLOW SCOTT the DEFENDANT named in the within COMPLAINT IN MORTG. FORECLOSURE & NOTICE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 11, 2007 DEF MOVED FROM RES 2 YEARS AGO. Sworn and subscribed to before me this 15TH day of OCTOBER, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ? ?* e,;? Sheriff of Dauphin County, Pa. By e Deputy Sheriff Sheriff's Costs:$35.25 PAID BY COUNTY SNYDER Phelan Hallinan & Schmieg, L.L.P. Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715_563-7000 WELLS FARGO BANK, NA Plaintiff vs. SCOTT MARLOW Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 07-5609 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Febmaty 1992008 PHELA HALLINAN & SCHMIEG, LLP By/?/ /1 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /lxn, Svc Dept. File# 162136 0 V O N n ? -A SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05609 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 444 BOSLER AVE , MARLOW SCOTT , NOT FOUND , as to LEMOYNE, PA 17043 NEIGHBORS STATED THAT THEY HAVEN'T SEEN ANYONE AT GIVEN ADDRESS FOR MONTHS. Sheriff's Costs: So answers: -> Docketing 18.00 Service 40.32 Not Found 5.00 R. Thomag'Kline Surcharge 10.00 Sheriff of Cumberland County .00 73.32 ./ PHELAN HALLINAN SCHMIEG 03/20/2008 .3/.2-7/0 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Wells Fargo Bank, NA Court of Common Pleas Civil Division vs. Cumberland County Scott Marlow No. 07-5609-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Scott Marlow, by first class mail and certified mail to the Defendant at the mortgaged premises, 444 Bosler Avenue, Lemoyne, PA 17043, posting of the mortgaged premises, 444 Bosler Avenue, Lemoyne, PA 17043, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Scott Marlow, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 444 Bosler Avenue, Lemoyne, PA 17043. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", there was no answer. The deputy spoke to the neighbors who indicated they have not seen anyone at this address for months. 2. The Sheriff of Cumberland County also attempted to serve the Defendant at 501 Miller Avenue, Mechanicsburg, PA 17055. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "B", this is the Defendant's mother's address and Scott does not reside here. 3 3. Lastly, the Sheriff of Cumberland County deputized the Sheriff of Dauphin County to obtain service on the Defendant at 237 South 31 Street, Harrisburg, PA 17109. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "C", the Defendant moved two years ago. 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of July 10, 2008, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 24, 2008 and requested Defendant's concurrence. A true and correct copy of Plaintiff s June 24, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 10, 2008 to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, Scott Marlow but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. 1B2 tsubmitted, chmieg, ieg, Esquire Attorneys for Plaintiff July 10, 2008 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Wells Fargo Bank, NA Scott Marlow VS. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-5609-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registratiat records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of 5 the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Returns of Service, marked hereto as Exhibit "All "B" and "C", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "D". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Ph inan & Schmie , LLP By: Danie squire Attorney for Plaintiff Date: July 10, 2008 6 Ex H, b,t /f SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05609 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him in his bailiwick. He therefore returns the (-InMnT T TTTm _ Mnnm L nn V NOT FOUND , as to the within named DEFENDANT , MARLOW SCOTT 444 BOSLER AVE LEMOYNE, PA 17043 NEIGHBORS STATED THAT THEY HAVEN'T SEEN ANYONE AT GIVEN ADDRESS FOR MONTHS. Sheriff's Costs: So answers- Docketing 18.00 ----° Service 40.32 Not Found 5.00 R. Thoma _ Kline Surcharge 10.00 Sheriff of Cumberland County .00 73.32 PHELAN HALLINAN SCHMIEG 03/20/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05609 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARLOW SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , MARLOW SCOTT 501 MILLER AVENUE NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT'S MOTHER LIVES AT THIS ADDRESS. DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing 6.00 Service 10.56 Not Found 5.00 Surcharge 10.00 .00 31.56 So answer R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/30/2007 Sworn and Subscribed to before me this day of A. D. CX dir b;+ ?- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT MARLOW SCOTT , to wit: but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore i County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 30th , 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County Postage .75 V 1 . V V 10/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Peas of Cumberland County, Pennsylvania Wells Fargo Bank NA v5. ' Scott Marlow No. 07-5609 civil Now, october 5,.2007. I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -y Sheriff of Cumberland County, PA Affidavit of Service Now, , 201, at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of _ 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (off-Tre of f4E *4priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WELLS FARGO BANK NA vs • MARLOW SCOTT Sheriff's Return No. 1434-T - - -2007 OTHER COUNTY NO. 07-5609 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARLOW SCOTT the DEFENDANT named in the within COMPLAINT IN MORTG. FORECLOSURE & NOTICE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 11, 2007 DEF MOVED FROM RES 2 YEARS.AGO. Sworn and subscribed to before me this 15TH day of OCTOBER, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, re c- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's costs: $35.25 PAID BY COUNTY SNYDER Exl;b,f D FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 162136 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Scoot Marlow Current Address: 444 Bosler Avenue, Lemoyne, PA 17043 Property Address: 444 Bosler Avenue, Lemoyne, PA 17043 Mailing Address: 444 Bosler Avenue, Lemoyne, PA 17043 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Scoot Marlow - xxx-xx-6537 B. EMPLOYMENT SEARCH Scoot Marlow - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Scoot Marlow reside(s) at: 444 Bosler Avenue, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Scoot Marlow reside(s) at: 237 South 31St Street, Harrisburg, PA 17109. On 05-19-08 our office made a telephone call to the subject's phone number (717) 541-9609 and received the following information: wrong number. B. On 05-19-08 our office made a telephone call to the phone number (717) 541-9609 and received the following information: not in service. On 05-19-08 our office made a telephone call to the phone number (717) 766-1418 and received the following information: spoke with Scoot Marlow who confirmed that he reside(s) at: 444 Bosler Avenue, Lemoyne, PA 17043. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-19-08 we reviewed the National Address database and found the following information: Scoot Marlow - 444 Bosler Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Scoot Marlow. V. OTHER INQUIRIES A. DEATH RECORDS As of 05-19-08 Vital Records and all public databases have no death record on file for Scoot Marlow. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Scoot Marlow residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Scoot Marlow - 08-1965 B. A.K.A. Scoot A. Marlow * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to 04 relating to unworn falsification to authorities. 49 penal 'es 1 Pa C.S. rc , , _,,,rgplOWNLALIHOF PENN 1 AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. NOTARIAL SEAL NORA M. FERRER, Notary Pubic City of PhHadelphia, Phile. COV* :orlmission Wres NovemW 22, Sworn to and subscribed before me this 19thday of May, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND jt??XLbeI4 1? PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-3826 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey June 24, 2008 Scott Marlow 501 Miller Avenue Mechanicsburg, PA 17055 RE: Wells Fargo Bank, NA vs. Scott Marlow Premises Address: 444 Bosler Avenue, Lemoyne, PA 17043 Cumberland County, No. 07-5609-Civil Term Dear Defendant, 'OPY Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 1, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 1 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-3826 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Representing Lenders in Service Department Pennsylvania and New Jersey June 24, 2008 Scott Marlow 237 South 31 Street ^Harrisburg, PA 17109 RE: Wells Fargo Bank, NA vs. Scott Marlow Premises Address: 444 Bosler Avenue, Lemoyne, PA 17043 Cumberland County, No. 07-5609-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 1, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 1 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-3826 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey June 24, 2008 Scott Marlow 444 Bosler Avenue Lemoyne, PA 17043 RE: Wells Fargo Bank, NA vs. Scott Marlow Premises Address: 444 Bosler Avenue, Lemoyne, PA 17043 Cumberland County, No. 07-5609-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 1, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire w EO t6 4 3003d1z WOH-41 8002 bZ Nnr 0 408 ! OM30 S 53MUE A3Nlid ? Nsa , a v d v aEi ? d C y d ? ? E G7 ? 7 oHA u ? O y J ? o C ? ? C H o. E O C-25 i oQm;?.. •d a?i cfl W ? o wv.^c?m H W .^J 1 > C 9 O O Fv;7 4- c, aN O C+'9 'CV] '? E e ?Oo ?_ 3 oCi cs ? Vim] N C> O? cow E? E v F cL 0 C G a v .a w 0 o N a ?p d ? y t 1 d ° ° ' ?. CIO CS M 'T o 3 n _ N Q tr) o ?r w p a ° " Vsd z> o d ,... N d y `? M N VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phel Hallinan Schmieg, LLP B Dame a.chmieg, Esquire' Attorney for Plaintiff July 10, 2008 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com@fedphe.com Attorney for Plaintiff Wells Fargo Bank, NA Court of Common Pleas : Civil Division vs. Cumberland County No. 07-5609-Civil Term Scott Marlow CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Scott Marlow: 444 Bosler Avenue Lemoyne, PA 17043 501 Miller Avenue Mechanicsburg, PA 17055 237 South 31 Street Harrisburg, PA 17109 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: July 10, 2008 Phelan Hallinan & Schmieg, LLP By. Danie chmieg, Esquire Attorney for Plaintiff 8 N r'"= C: 7 . r 7r t)C? ? .w PHELAN HALLINAN & SCHNUEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3826 Email: jason.riccokfedphe.com Jason Ricco, Ext 1482 July 10, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Wells Fargo Bank, NA vs. Scott Marlow and Cumberland County, No. 07-5609-Civil Term Dear Sir or Madam: Representing Lenders in Pennsylvania and New Jersey Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self- addressed envelope. Thank you for your courtesy and consideration. rs, V ly Yu Jason cco for Phelan, Hallinan & Schmieg LLP Enclosure 1 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15-563-7000 WELLS FARGO BANK, NA Plaintiff vs SCOTT MARLOW Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-5609 CIVIL TERM C'i.n?i1RF, PRARCIPF TO REIN ?TATF, C'I '11, ACTION/MORTGAGE FORE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By. FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 11, 2009 /jjn, Svc Dept. File# 162136 r A4 -Ti e., m o m rn C- ..? r7l ? 4 P r UU! X14 2008rL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA Civil Division VS. No. 07-5609-Civil Term Scott Marlow ORDER AND NOW, this ???? day of -LAN , 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Scott Marlow, by: 1. Posting of the premises: 444 Bosler Avenue, Lemoyne, PA 17043. 2. First class mail to Scott Marlow at the mortgaged premises located at 444 Bosler Avenue, Lemoyne, PA 17043; and 3. Certified mail to Scott Marlow at the mortgaged premises located at 444 Bosler Avenue, Lemoyne, PA 17043; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT- J. 2 r/ 'TT?'.4w "A'D -$OIL-111, V(IN A IASJNN d O C :8 A L A I AP ?6 iuar,c - Q- re h dlt Ivv; ,it.Jr!c? ]'Hi ZIC 3'A4:40 13111 PHELAN HALLINAN & SCHMIEG LLP ...,By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff COURT OF COMMON PLEAS VS. Scott Marlow : CIVIL DIVISION Defendant : CUMBERLAND COUNTY : NO. 07-5609 Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Scott Marlow at 444 Bosler Avenue, Lemoyne, PA 17043, on August 11, 2008, in accordance with the Order of Court dated July 16, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: August 11, 2008 S F CIS S. HALLINAN, ESQUIRE Attorney for Plaintiff cz, ct* tea f ?: r7 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. SCOTT MARLOW Defendants CUMBERLAND COUNTY No. 07-5609 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & Date: August 11, 2008 FRANCIS S. HALLIN N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 162136 is' ? O O N? r a , ? ^ Y- , y Cy" SHERIFF'S RETURN - REGULAR CASE NO: 2007-05609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MARLOW SCOTT JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MARLOW SCOTT the DEFENDANT , at 0015:15 HOURS, on the 20th day of August 2008 at 444 BOSLER AVE LEMOYNE, PA 17043 by handing to POSTED PER COURT ORDER @ 444 BOSLER AVE, LEMOYNE, PA 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 16.00 Affidavit .00 Surcharge 10.00 Posting 6.00 G,17? ?oP 50.00 So Answers: R.' Thomas Klin 08/21/2008 PHELAN HALLINAN & SCHMIEG Sworn and Subscibed to By: before me this day Dep y Sh riff of A.D. was served upon Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA vs. Scott Marlow : Court Of Common Pleas : Civil Division : Cumberland County : No. 07-5609-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 16, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Cumberland County Law Journal on August 22, 2008 and The Sentinel on Augu t 15, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 6, 2008 S. Francis S. Hallinan, Esquire Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 15, 2008 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CumberNMnd COUNTY, PENNSYLVANIA CIVIL ACTION.- LAW Wells Fargo Bank, NA COURT OF COMMON PLEAS Vs. CIVIL DIVISION Scott Marlow CUMBERLAND COUNTY • '., NO. 07-5609-Civil Term To Scott Marlow: NOTICE You are hereby notified that on $gptember ZL 2W, Plaintiff, Wells Fargo Bank, NA, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CumberlandCounty Pennsylvania, docketed to No. 07-5609-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 444 Boater Avenue, Lemoyne, PA 17043 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced. Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may -lose money or property or other rights Important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A AWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLP, PA 17013 (800)990-9108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. f U Sworn to and subscribed before me this -d &WAAL 8. Notary Public My commission expires: NOTARIAL SEAL BONITA A CANUP Notory Public CARL ISLE BOROUGH, CUMBERLAND COUNTY My Commisslon Expke s Jun 8, 2009 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 August 22, 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. SWORN TO AND SUBSi 22-day of August, 2008 before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 %? 4p A CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-5609-Civil Term Wells Fargo Bank, NA VS. Scott Marlow NOTICE To Scott Marlow: You are hereby notified that on September 25, 2007, Plaintiff, Wells Fargo Bank, NA, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CumberlandCounty Pennsylvania, docketed to No. 07-5609-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 444 Bosler Avenue, Lemoyne, PA 17043 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Aug. 22 5 "= I ? J Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO BANK, NA VS. SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-5609 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SCOTT MARLOW, 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 - 09/25/2007 -10/08/2008 TOTAL $131,021.67 $8,903.40 $139,925.07 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. w-'- Daniel G. Schmieg, Es u e Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -10L09hd PHS# 162136 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 WELLS FARGO BANK, NA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. SCOTT MARLOW : CIVIL DIVISION : NO. 07-5609 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 SCOTT MARLOW is over 18 years of age and resides at 444 BOSLER AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. A-4,LO Daniel G. Schmieg, "quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff SCOTT MARLOW Defendant(s) TO: SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: September 25, 2008 r i § r A F' .l i . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT QF LIEN AGAINST PROPERTY. Il"ORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 JASON RICCO Legal Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 07-5609 CIVIL TERM CUMBERLAND COUNTY PHS # 162136 n GY t ? r3 a (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA : COURT OF COMMON PLEAS VS. SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 : CUMBERLAND COUNTY : CIVIL DIVISION : NO. 07-5609 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 1) o-+ & , 2008. "y- - P FY If you have any questions concerning this matter ase contact: 4 04 , -- ? "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RE CEI VED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Daniel G. Schmieg, s ire Attorney or Party Fili 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, NA Plaintiff, V. No. 07-5609 CIVIL TERM SCOTT MARLOW Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,925.07 Interest from 10/09/2008-03/04/2009 $3,381.00 and Costs (per diem -$23.00) TOTAL $143,306.07 -,n r-,. 1 M .1 V ?94. Q.. o.-- , t. - 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. 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. 162136 W O? a? OW ?a O?+ 00 E.., U o? ?W H? R ? J c? ? W z O W a 0 a O t? 0 H O O H WU? W a fs, o O? H c w oao U a R p a a M !t O w a w W a ? o W w ? "al a oce O°8go0S30cladp° • : C.) ,D ?p a M s q r T'. cia crs •PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff, V. SCOTT MARLOW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5609 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: ( ) 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.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Q ?`" -WELLS FARGO BANK, NA V. Plaintiff, SCOTT MARLOW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5609 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK. NA, 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 ,444 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and 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 444 BOSLER AVENUE LEMOYNE, PA 17043 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.A. § 4904 relating to unworn falsification to authorities. November 10, 2008 -1 oavn?.Q ?. DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff L? try w WELLS FARGO BANK, NA Plaintiff, V. SCOTT MARLOW Defendant(s). CUMBERLAND COUNTY No. 07-5609 CIVIL TERM November 10, 2008 TO: SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN R4NKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE , I f'0-4417 TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Y (%ur house (real estate) at, 444 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to he old at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, ?-,o, !-o t1anover Street, Carlisle, PA 17013, to enforce the court judgment of $139,925.07 obtained by Ok L i- LS F"ARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an atwouncement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS k, ? Cl MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE u bier ent 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 f6c Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of ut ,on of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 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 01' itbin ten (10) days after the distribution is filed. r . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. t `4 H OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE s I ;AVt<YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED 11 F 1_,OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE: This property is sold at the direction of the plaintiff. It may not be sold -i the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be r, 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 A LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, Cumberland County, Stag Of Pennsylvania, more particularly bounded and described as follows: BEGIN the Western half of Lot No. 89, Section'C', Riverton, Pennsylvania, in a Plan of Lots known as Plan No. 1, the said Plan being recorded in the Recorder's Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book'J', Volume 4, Page 40. The said lot fronting twenty (20) re et on the South side of Bosler Avenue and extending back the same width along the Eastern line of Fifth Street one hundred fifty (150) feet to Apple Alley, Having thereon erected the Western half of a two story frame dwelling house, No. 444 Bosler Avenue, with other necessary outbuildings. BEING THE SAME PREMISES VESTED IN Scott A. Marlow, a single person, by Deed frow Timothy Straub and Marisa A. Straub, his wife and Calvin Williams, III and Amy W. Williams. his wife, dated 03/06/2006, recorded 04/03/2006, in Deed Book 273, page 4099. PREMISES BEING: 444 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-228 e? ?t C'? ?' I?N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5609 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From SCOTT MAR-LOW (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 $139,925.07 L.L. $.50 Interest from 10/09/08 to 3/04/09 (per diem - $23.00) -- $3,381.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $424.76 Plaintiff Paid Other Costs Date: 11/13/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Curtis R. Long, Prothonotary By: Deputy Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19102 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION SCOTT MARLOW NO. 07-5609-CIVIL TERM Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SCOTT MARLOW on DECEMBER 19, 2008 at 444 BOSLER AVENUE, LEMOYNE, PA 17043 in accordance with the Order of Court dated JULY 16, 2008. The property was posted on DECEMBER 26, 2008. Publication was advertised in THE SENTINEL on DECEMBER 24, 2008 & in THE CUMBERLAND LAW JOURNAL on JANUARY 2, 2009 . The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By. Cpl . DANIEL G. SCHMIEG, ESQUIRE Dated: January 13, 2009 JJUL 14 M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA : : Civil Division vs. No. 07-5609-Civil Term Scott Marlow ORDER AND NOW, this 4k day of , 2008, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Scott Marlow, by: 1. Posting of the premises: 444 Bosler Avenue, Lemoyne, PA 17043. 2. First class mail to Scott Marlow at the mortgaged premises located at 444 Bosler Avenue, Lemoyne, PA 17043; and 3. Certified mail to Scott Marlow at the mortgaged premises located at 444 Bosler Avenue, Lemoyne, PA 17043; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: 'r C7V J. Our k /tease ? +v I two e"1% a f7"y [ijot l 2 AFFIDAVIT OR SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, NA No. 07-5604 CIVIL TERM DEFENDANT(S) SCOTT MARLOW ACCT. #1.62136 * **PLEASE POST PROPERTY WITS NOTICE OF SALE, PER COURT ORDER*** Type of Action - Notice of Sheriffs Sale 444 BOSLER AVENUE LEMOYNE, PA 17043 Sate Date: MARCH 4, 2009 SERVED Served andmadeknownlo SCoTT MAALDW Defa>dmgontu .2 day ofbt?e?MR?RZOOg at $= o . o'clock-A,.m, at 444 93OS L N FI L?rto? 0-i F_ of pemasylvaa * in the nu ner described below: Defendant personally served. Adult farmdy member with whom Def:nda*s) reside(s). Name and Relationship is Adult in charge of Deli~udasnt(s)'s residence who refused to give name or relationship. Manager/Clerk ofplace of lodging in which Defendant(s) reside(s). Agent or parson in cbmV of Defendugs)'s office or usual place of business. an office of said Defendant(s)'s coimpany other: DST PFRT? W "11 N nc-E DF k,E.. Description: Age Height Weight Race Sex Other ?S7FD I, R4aVALb DLL , a competent adult, being duly sworn according R to law, depose and state that 1 personally bm W a true and correct copy of the Notice of Sheriff's Sale in the roamer as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subacdbed before nre this 2L4t- day of U??A 200$BY SE A VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODCRy F Ug1„JC 4 NOT SERVED Np p? NEW JERSE E ES 10125«p12 , 20Q._, at On t;?P?T c¢lttt?lR v ca?,1?N Moved Unknown No Answer 1 st Attempt: / / Time' 3rd Attempt: Time: Sworn to and subscnbed before me this day of .200-. Notary: o'clock _._..m., Defendant NOT FOUND because: Vacant 2" Attempt: / 1 -Time: Attorna v for Plaintiff DANIEL G. SCIIMIEG, Esquire - I.D. No. 61205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Phlhrddphia, PA 19103-1814 (215) 563-7000 -z? `7 ? ?tC a W x C) U U O C? N U a a? c O a? b O ?a Li. . ? .9 `O ?D a L H ? d Li A N ? F 'N u o $ C a 9'000"6l EO l6 l 3000dIZ woaj 0371dW 002 6L??p OLOOLZb X ^ o00 - WL Zo .o 2 IZZU'l 10) ? '$ 0 0 G N •a K G ? ? 4Q C p ? X ? 3t w 3 ?A o ? $k`o M o 0 0 9 a ? •a d C S P rn ? v $ Y1 pF+ 'J W M c -? a w o W a ? g Q a°w o M O' ? d 3z? U w C p y W a 0 ? 8 W aO z rA v vUi m z .M-. v Q rl T Od 0 ' 1 . O •-- N M V V1 00 O? .Nr -. M .?- tn ?a z ° a F O. 7178 2417 6099 0018 7058 4 / JJN SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Page 1 of 1 Home I "el Track & Confirm Trek Confirm Search Results Label/Receipt Number: 7178 2417 6099 0018 7058 Detailed Results: • Delivered, January 12, 2009, 8:25 am, PHILADELPHIA, PA 19103 • Unclaimed, January 09, 2009,10:53 am, MARIETTA, PA ¦ Notice Left, January 03, 2009, 1:35 pm, MARIETTA, PA 17547 • Notice Left, December 24, 2008, 9:55 am, MARIETTA, PA 17547 • Acceptance, December 19, 2008, 2:35 pm, PHILADELPHIA, PA 19102 ¦ Electronic Shipping Info Received, December 19, 2008 e8ack Rari+neW USP&caea >' Track & Gotitm Enter Label/Receipt Number. F Track & Confirm by email Get current event information or updates for your item sent to you or others by email. fo >a Return Receipt (Electronic) Verify who signed for your item by email. i a Contact Us Forms Govt Services Jobs Privacy Policy Copyright@ 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Terms of Use National & Premier Accounts http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 1/13/2009 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 24, 2008 COPY OF NOTICE OF PUBLICATION i ?I?py T A 9 L r+- .?. K.: E. Sworn to and subscribed before me this Notary P blic My commission expires: NOTARIAL SEAL BONITA A CANUP Notary Public FMy T ISLE BOROUGH, CUMBERLAND COUNTY Commission Expires Jun B. 2009 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 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, January 2, 2009 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. ,;ke= DAa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 2 _day of January, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My commission Expires Apr 28, 2010 Viz CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 07-5609 WELLS FARGO BANK, NA vs. SCOTT MARLOW NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: SCOTT MARLOW, ALL THAT following described lot of ground situate, lying and being in LEMOYNE TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, Cumberland County, State of Penn- sylvania, more particularly bounded and described as follows: BEGIN the Western half of Lot No. 89, Section `C', Riverton, Penn- sylvania, in a Plan of Lots known as Plan No. 1, the said Plan being recorded in the Recorder's Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book `J', Volume 4, Page 40. The said lot fronting twenty (20) feet on the South side of Bosler Avenue and extending back the same width along the Eastern line of Fifth Street one hundred fifty (150) feet to Apple Alley, Having thereon erected the Western half of a two story frame dwelling house, No. 444 Bosler Avenue, with other necessary outbuildings. BEING THE SAME PREMISES VESTED IN Scott A. Marlow, a single person, by Deed from Timothy Straub and Marisa A. Straub, his wife and Calvin Williams, III and Amy W. Wil- liams, his wife, dated 03/06/2006, recorded 04/03/2006, in Deed Book 273, page 4099. PREMISES BEING: 444 BOSLER AVENUE, LEMOYNE, PA 17043. PARCEL NO. 12-21-0265-228. Your house (real estate) at 444 BOSLER AVENUE, LEMOYNE, PA 17043 is scheduled to be sold at the Sheriff's Sale on MARCH 4, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $139,925.07 obtained by WELLS FARGO BANK, NA, (the mortgagee), against your Prop. sit. in the City of LEMOYNE, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 444 BOSLER AV- ENUE, LEMOYNE, PA 17043. Improvements consist of residen- tial property. Sold as the property of SCOTT MARLOW. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. Daniel Schmieg, Esquire Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Jan. 2 Cw +?a ? ? t ?;t r • ; fir,,, ? °L ? ?T7 ' ..? ?, ?,, ??... , ?-, s -.t. ?. ^.- _ _?, $ M,v .? '"? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas V. SCOTT MARLOW Defendant Civil Division CUMBERLAND County No. 07-5609 CIVIL TERM 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 September 25, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on October 9, 2008 in the amount of $139,925.07. 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 444 BOSLER AVENUE, LEMOYNE, PA 17043 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 1:08-00813 on March 10, 2008. The Bankruptcy was dismissed by order of court dated April 9, 2008. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on March 4, 2009. 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 Interest Through March 4, 2009 Per Diem $23.57 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $122,916.81 $17,929.02 $277.09 $2,325.00 $2,143.46 $0.00 $151.25 $0.00 $0.00 $0.00 ($0.00) $2,154.73 TOTAL $147,897.36 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 January 14, 2009 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: t By: /-0- L - Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. SCOTT MARLOW Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-5609 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SCOTT MARLOW 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 444 BOSLER AVENUE, LEMOYNE, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, 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 Sheriff 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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, 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 Shopp:mg_ 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 Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hamuton Real _Ay, 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. Phelan Hallinan & Schmieg, LLP DATE: / B : Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit `6A" PHELAN HALLINAN & SCfI1 IIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G.. SCHMIEG,.ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) .563-7000 162136 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. SCOTTMARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Defendant C N o O Tirr, C!) y cry. y: N d -c ? AiJ ZC; rn _< .. cn p ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. U1-5(oo9 eivi ( Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE F? }e/ ,o?.r ? trlfY t,`?a pct coPY to f theaod rigioat filed o t rec ®r File N: 162136 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162136 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 Pile #: 162136 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 #: 162136 Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 2179. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 03/01/2007 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 #: 162136 6. The following amounts are due on the mortgage: Principal Balance $122,916.81 Interest $5,529.48 02/01/2007 through 09/24/2007 (Per Diem $23.43) Attorney's Fees $1,250.00 Cumulative Late Charges $238.47 03/31/2006 to 09/24/2007 Cost of Suit and Title Search 550.00 Subtotal $130,484.76 Escrow Credit $0.00 Deficit $536.91 Subtotal 536.91 TOTAL $131,021.67 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a . separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162136 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,021.67, together with interest from 09/24/2007 at the rate of $23.43 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: /s rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162136 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, Cumberland County, State of Penmsylvania, more particularly bounded and described as follows: BEGIN the Western half of Lot No. 89, Section 'C', Riverton, Pennsylvania, in a Plan of Lots known as Plan No. 1, the said Plan being recorded in the Recorder's Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book T, Volume 4, Page 40. The said lot fronting twenty (20) feet on the South side of Bosler Avenue and extending back the same width along the Eastern line of Fifth Street one hundred fifty (150) feet to Apple Alley, Having thereon erected the Western half of a two story frame dwelling house, No. 444 Bosler Avenue, with other necessary outbuildings. 444 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NUMBER 12-21-0265-228 File #: 162136 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. A/k'm / Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 4 ?1 Exhibit `6B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Scbmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO BANK, NA VS. SCOTT HARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS ATTORNEY F&WISION PLEASE R 7-5609 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: cn 0 w° d C ? n I co T ?'rn Kindly enter judgment in favor of the Plaintiff and against SCOTT HARLOW. 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 $131,021.67 Interest - 09125/2007 -10/08/2008 3,40 TOTAL $139,925.07 ATTORNEY FILE CRONY I hereby certify that (l) th e? Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. t ATTORNEY FILE DOPY Daniel G. Schmieg, E PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: lobqla / PM# 162136 PRO P 0 THY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SCOTTA. MARLOW WELLS FARGO BANK, NA Bk. No. 1:08-bk-00813 MDF Debtor Chapter No. 07 Movant v. 11 U.S.C. §362 SCOTT MARLOW MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of WELLS FARGO BANK, NA (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 444 BOSLER AVENUE, LEMOYNE, PA 17043, 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; and it is further ORDERED that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, NA may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, (JDK) 2*Js document is electronically signed and filed on the same date. Dated: April 9, 2008 Case 1:08-bk-00813-MDF Doc 11 Filed 04/09/08 Entered 04/09/08 14:55:33 Desc Main Document Page 1 of 1 Exhibit 66D" - J ^ e »? 'a E ° N C YY JJ £01 3GOOdIZ WOa_4GgII 'W soa v L tvdr o? os? 0o ' ry o& LO $ zo - `??• A : [ 111148 A?N11d ® C _ ? ? ' '? c ? ' o O ? o ?c io ?? ? V T5 n. ? cc 1 o a .? = y E ? „ E b , . E ? x ?N3 N d N E W ,? v ° E b ??o v m G N U ? ? bx w In A o ° rl o v o o 4. C h C V+ a M •-? o ? o ; 'a O U wj a y °" Og Y'?a '° z z ? ? N o ., 0 a a w ww. w w ? x x H ?s w o ° 23 ? ? y N M '?V N yy F M rj " H a a ?? cw Q d U o° a Qa a °' s O O z ?a Z oa ..o z M a a a d ,? L o ;, O vl ? ? y ? yy b L d y y ." VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: / By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County SCOTT MARLOW No. 07-5609 CIVIL TERM Defendant 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. SCOTT MARLOW 501 MILLER AVENUE MECHANICSBURG, PA 17055 SCOTT MARLOW 237 SOUTH 31 STREET HARRISBURG, PA 17109 'I I !K SCOTT MARLOW DATE: i (I 444 BOSLER AVENUE LEMOYNE, PA 17043 Phelan Hallinan & Schmieg, LLP By: R Michele M. Bradford, Esquire Attorney for Plaintiff ? -?? t . _ _ . . ray ??J ?;;. WELLS FARGO BANK, NA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT MARLOW DEFENDANT NO. 07-5609 CIVIL ORDER OF COURT AND NOW, this 26th day of January, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Y `-\, M. L. Ebert, Jr., J. 00lichele M. Bradford, Esquire Attorney for Plaintiff cott Marlow, Defendant 1601 Miller Avenue, Mechanicsburg, PA 17055 X44 Bosler Avenue, Lemoyne, PA 17043 X37 South 31St Street, Harrisburg, PA 17109 1 bas Jl` ''t1 : f i I-IV 3z Nvr 6002 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. SCOTT MARLOW Defendant CUMBERLAND County No. 07-5609 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 16, 2009 was sent to the following individual on the date indicated below. SCOTT MARLOW 501 MILLER AVENUE MECHANICSBURG, PA 17055 SCOTT MARLOW 237 SOUTH 31 STREET HARRISBURG, PA 17109 DATE: z1zX SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff " ?' n-n PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. SCOTT MARLOW CUMBERLAND County No. 07-5609 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, NA, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 21, 2009. 3. A Rule was entered by the Court on or about January 26, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 2, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. / Phelan Hallinan & Schmieg, LLP DATE: Z / s l v5 By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. SCOTT MARLOW CUMBERLAND County No. 07-5609 CIVIL TERM Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 21, 2009. A Rule was entered by the Court on or about January 26, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 2, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: Z x , ° S By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" • WELLS FARGO NA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT MARLOW DEFENDANT NO. 07-5609 CIVIL ORDER OF COURT AND NOW, this 26 h day of January, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. 'By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff Scott Marlow, Defendant 501 Miller Avenue, Mechanicsburg, PA 17055 444 Bosler Avenue, Lemoyne, PA 17043 237 South 31 81 Street, Harrisburg, PA 17109 bas '"\ A, M. L. Ebert, Jr., J Exhibit "B" Al I U NEY FILE CUPY PLEASE RETURN PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff ATTORNEY FOR PLAINTIFF r''* Court of Common Q. a ?a e 3 w S.1 K ATM` CM SCOTT MARLOW PC`LFAM ktount y Defendant No. 07-5609 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 16, 2009 was sent to the following individual on the date indicated below. SCOTT MARLOW 501 MILLER AVENUE MECHANICSBURG, PA 17055 SCOTT MARLOW 237 SOUTH 31 STREET HARRISBURG, PA 17109 DATE: Zlzl a' SCOTT '; - 444 BOSMIM'" r7y ?' P?t LEMOYNE, PA f?7 - . f Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. ` Phelan Hallinan & Schmieg, LLP DATE: Z /F (of By: 73 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT MARLOW No. 07-5609 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. SCOTT MARLOW 501 MILLER AVENUE MECHANICSBURG, PA 17055 SCOTT MARLOW 237 SOUTH 31 STREET HARRISBURG, PA 17109 DATE: Z-/" r 185- SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff rv C) r _ m ?Tq PHELAN, HALLINAN & SCH IIEG, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Ste. 1400 Philadelphia, PA 19103 WELLS FARGO BANK, NA VS. SCOTT MARLOW Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5609 CIVIL TERM SUGGESTION OF RECORD CHANGE RE: CORRECTION OF DEFENDANT'S NAME TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the defendant's name was erroneously listed in the caption as: SCOTT MARLOW Kindly change the information on the docket to read as follows: SCOTT MARLOW A/K/A SCOTT A. MARLOW Date: February 2, 2009 Daniel G. Schmieg Attorney for Plaintiff -VI WELLS FARGO BANK, NA VS. SCOTT MARLOW A/K/A SCOTT A. MARLOW : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 07-5609 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK, NA hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 2, 2009 DANIEL G. SCHMIEG, ESQV?E Attorney for Plaintiff ?' r z cn A w N p ?O 00 ?] O\ (A A w N CL $0 a ? L <D a i -I ° m C? !'d d 'C ? ?'O Ci7 A !-??`? O d C7 C7 w n d m "0 Q\ 0 b ?z O bw co ?7 PAZ 'dQ aZ Q A BCD m trJ? w o g 00> ?0 1 ° a? br $o x n O? CnH V]0 V5 yCi7C/? a `p ~ "' ~ O Oa oo C7?nCi7Q ?Gw z C7= ?n Q A? 'rJ n 0 ? < b y o ? o 0 > ? r cu o C7 a R G -ri w ,..?N Aga x ?Q? O A tj w y? go Wm Q b CW `- cr Cl) end`` az?z Q 9 a to ny H m Nw' a a oo' °? ab o 0 1 o r CL as ? a y c t" n z x CD x t? z A Cal ( cr x N 6 r_? Q ay po iHwc g°y J ? W v g `'- g o on 000 ??m2 < O (gyp °p -? w c. m w' o r RGr r e ? to o?• p r ......• .... ? F [fat Ell A 3 a. • _ ® Al'NEV BOWES A s 02 1M $ 02-200""' g U c 0004218010 TM DEC 02 2008 MAILED FROM ZIPCODE 19103 o ° $ °'° R 81 _FT_ tz; C:D LIJ On w is LA_ CL. hi V FF6 2 6 2o,% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT MARLOW No. 07-5609 CIVIL TERM Defendant ORDER AND NOW, this day of F00. , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $122,916.81 Interest Through March 4, 2009 $17,929.02 Per Diem $23.57 Late Charges $277.09 Legal fees $2,325.00 Cost of Suit and Title $2,143.46 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $151.25 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 ti - Suspense/Misc. Credits ($0.00) Escrow Deficit $2,154.73 TOTAL $147,897.36 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT :1, 1 J. 162136 Ive / / . A I C :3 I-I'l LZ ON 65OZ 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 1 ST day of APRIL A.D., 2009, under and by virtue of a writ Execution issued on the 13 day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5609, at the suit of WELLS FARGO BANK N A against SCOTT MARLOW is duly recorded as Instrument Number 2009 1 1 944. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Rowd.„ c ^ .riz t ,u :a.as,? ti:owty, Carlite, PA My iComma-on Egms Ow Fat MW48Y of Jm 2010 r ,• Wells Fargo Bank, N.A. VS Scott Marlow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5609 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Scott Marlow, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Lancaster County Return: And Now, December 31, 2008 at 1103 hrs served the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, to wit: Scott Marlow, by making known unto Scott Marlow personally at 380 Alexandria Court, Marietta, PA 17547. this letter was Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2009 at 1950 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 Michael McCann located at 919 Alison Ave., Mechanicsburg, 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: Michael McCann, by regular mail to his last known address of 919 Alison Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of January 9, 2009 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 April 1, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, An Officer of the United States America of, 1000 Liberty Avenue, Pittsburgh, PA 15222 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,029.37 Sheriffs Costs: Docketing $30.00 Poundage 19.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Deputize Lancaster Co 52.88 Out of County 9.00 Law Journal 355.00 Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 312.71 15.52 25.00 49.50 $ 1,029.37 11.2.16 Q ?.. So Answers R. Thomas Kline, Sheriff By r Real Estate Coordinator p f l.r.. Gr ?'_}ia v 14 av a -cw yL cep 9.7 C' .1-Q 3 93, All OF THE Pz'rj:? .,jT*y ARY 2869 APR 16 AN 11: 08 16 +III J$ iY ?'lvl WELLS FARGO BANK, NA . Plaintiff, V. SCOTT MARLOW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5609 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, 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 ,444 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT MARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None -Last Known Address (if address ca?ir) reasonably ascertained, please indic,,?.. 6. Name and address of every other person who has any record interest it) the propPrt- , -'l w1w,x interest may be affected by the sale. Name Last Known Address (if address carutot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who bas aid t., 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 444 BOSLER AVENUE LEMOYNE, PA 17043 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.A. § 4904 relating to unswom falsification to authorities. November 10, 2008 1?. 2?? DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff f WELLS FARGO BANK, NA Plaintiff, V. SCOTT MARLOW Defendant(s). CUMBERLAND COUNTY No. 07-5609 CIVIL. TERM November 10, 2008 TO: SCOTT HARLOW 444 BOSLER AVENUE LEMOYNE, PA 17043 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY. ** Your house (real estate) at, 444 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,225.07 obtained by WELLS FARGO BANK, NA (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. •? You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 ar.d t_h.e, Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of !z trl bu Xon of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This t i+ l« [ 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 ' yhc .. ff within ten (10) days after the distribution is filed. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. Y a C` S UOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE -k a -X IAN ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED H F 1, 0W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. R ?? NT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold w the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be 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 ! IAT CERTAIN.Iot of land situate in the Borough of Lemoyne, Cumberland County, State: of Pei- -,'S'IV")tail,, more particularly bounded and described as follows: BE6"IN the Western half of Lot No. 89, Section'C', Riverton, Pennsylvania, in a Plan of Lots known as Plan No. 1, the said Plan being recorded in the Recorder's Office for Cumberland County, Peimsyivania, at Carlisle, in Deed Book 'J', Volume 4, Page 40. The said lot fronting twenty (20) i e t on the South side of Bosler Avenue and extending back the same width along the Eastern line of Fifth Street one hundred fifty (150) feet to Apple Alley, Having thereon erected the Western half of a two story frame dwelling house, No. 444 Bosler Avenue, with other necessary outbuildings. BEING THE SAME PREMISES VESTED IN Scott A. Marlow, a single person, by Deed from Timothy Straub and Marisa A. Straub, his wife and Calvin Williams, III and Amy W. Williams. his wife, dated 03/06/2006, recorded 04/03/2006, in Deed Book 273, page 4099. BEING: 444 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-228 f, WRIT OF EXECUTION and/or ATTACHMENT i COMMONWEALTH OF PENNSYLVANIA) N007-5609 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From SCOTT MARLOW (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 $139,925.07 L.L. $.50 Interest from 10/09/08 to 3/04/09 (per diem - $23.00) -- $3,381.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $424.76 Plaintiff Paid Date: 11/13/08 (Seal) REQUESTING PARTY: Other Costs Curtis R. Long, Prothonotary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #52 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 4,44 Bosler Ave., Lemoyne more fully described on Exhibit "N' filed with this writ and by this reference incorporated herein. Date: November 19, 2008 By: lb NI?MA? Real Estergeant h00d LI AOMI l 33183HS 3111 . G 331JAO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALL NO. 82 Writ No. 2007-5609 Civil Li Marie Coyne, Wells Fargo Bank, N.A. vs. SWORN-TO AND SUBSCRIBED before me this Scott Marlow Atty.: Daniel Schmieg 13 day of Febru 1 200 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land A situate in the Borough of Lemoyne, Cumberland County, State of Penn- Notary sylvania, more particularly bounded and described as follows: BEGIN the Western half of Lot ?.? No. 89, Section `C', Riverton, Penn- NOTARIAL SEAL sylvania, in a Plan of Lots known DEBORAH A COLLINS as Plan No. 1, the said Plan being Notary Public recorded in the Recorder's Office for CARLISLE BORO, CUMBERLAND COUNTY Cumberland County, Pennsylvania, My Commission Expires Apr 28, 2010 at Carlisle, in Deed Book U', Volume 4, Page 40. The said lot fronting twenty (20) feet on the South side of Bosler Avenue and extending back Theltriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Paft1*otwXtws 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. This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 r rn to and su cribed before m this f February, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shona L Kisner, Notary Pubk C!y Of Hunsburg; Dauphin CmV My 0 mnniaion E)irw Nar. 20.2011 Nanrbsr,13"N ylvanla Assoclatton of Noarlss PUBLICATION COPY ICL