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HomeMy WebLinkAbout08-6323AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. DEFENDANT(S) JEROME R. CLARK SERVE JEROME R. CLARK AT: 1871 DOUGLAS DRIVE CARLISLE, PA 170134612 CUMBERLAND COUNTY No. 08-CTVU,6323 ACCT. #189885 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to mes <? ??/," k, Defendant, on the day of 200 at ?0 , o'clock .m., at lif-71. 7- ?ic j (c?s A__ commonwealth of Pennsylvania, in the manner described below: __,y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age SD Height S'o Weigh7: Race AX. Sex_ u other a competent adult, being duly sworn according to law, de and state that I a true and correct copy of the Notice of Sheriffs sale in the manner as set forth herein, issued i e captioned case on personally handed the date and at the address indicated above. Sworn to and subscribed re me this a,f aay Kenneth'tV Baker of 6 200_9 19 Bisbee Drive No By: Burlington J 08016 60J-1524 231 State of New Jersey ?VIAT LEAST 3 TIIVIES. INDICATE DATES & TOM OF SERVICE ATTMPTED. PATRICIA E. HA{'.ills Commission Expires June.'l6,Jt013 .- NOT SERVED on the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: Time: Vacant 2nd Attempt: / 1 Time: ?. Sworn to and subscribed Attorney for PEainti8 . before me this 200 day J : DANIEL G. SCHMEG; Esquire LD. No.` 205 `„ - One Penn Center at Suburban Station, Suitee1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 11 qj `? ,? ? i cr_? <; . ? ? c? . ?' [. ...,{ 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 #: 189885 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/23/1999 JEROME R. CLARK & DORTHY L. CLARK made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1552, Page 174. By Assignment of Mortgage recorded 06/23/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 11. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 189885 6. The following amounts are due on the mortgage: Principal Balance $72,115.51 Interest $3,995.32 02/01/2008 through 10/23/2008 (Per Diem $15.02) Attorney's Fees $1,250.00 Cumulative Late Charges $121.74 06/23/1999 to 10/23/2008 Non Sufficient Funds Charge $40.00 Mortgage Insurance Premium / $57.80 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $78,130.37 Escrow Credit $0.00 Deficit $906.49 Subtotal 906.49 TOTAL $79,036.86 7. 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. 8. 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. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 189885 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured- 11. Plaintiff hereby releases DORTHY L. CLARK from liability for the debt secured by the mortgage. 12. Plaintiff hereby releases DORTHY L. CLARK on 03/03/2005, defendant became sole owner of the mortgaged premises as surviving joint tenant with right of survivorship. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $79,036.86, together with interest from 10/23/2008 at the rate of $15.02 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: 2NCE PHELAN, QU FRANCIS S. HALLINAN, ESQUIF& DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 189885 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. BEING parcel B' of the premises which William M. Kronenberg, et. ux. and Norman L. Rynard et. ux. by deed dated November 30, 1987 and recorded February 8, 1988 in the Office of Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book E Volume 33 Page 462, granted and conveyed to William M. Kronenberg, Norman L. Rynard and Stephen D. Tiley, three of the Grantors herein. PARCEL NO: 29-16-1094-361 PROPERTY ADDRESS: 1871 DOUGLAS DRIVE File #: 189885 VERIFICATION I hereby state that I am the 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 I am 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 the Plaintiff and are true and correct to the best of my 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. c-,T, /k4, J 0 fa1701 Attorney for Plainti DATE: 10-J 5- b ?V 0 -C-3 ? nz N ? V PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. JEROME R. CLARK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-6323 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto for Plaintiff B rancis S. Hallinan, Esquire Date: 11/11/08 PHS #: 189885 .. VERIFICATION Heather Carrico hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. (IA& 1 6 - JA 11c) eAa&e' Heather Carrico DATE: 10/27/08 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 189885 r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 : CUMBERLAND COUNTY VS. JEROME R. CLARK Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 Date: 11/11/08 & Schmieg, LLP Phelan Ha for Plaintiff Att/. ? Plaintiff B I "A Francis S. Hallinan, Esquire C7 r.? Ct ? m 'c N ut .4 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B? M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-CIVIL-6323 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 JEROME R. CLARK, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $79,036.86 Interest -10/24/2008 to 12/042008 6$ 30.84 TOTAL $79,667.70 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. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:[ PHS # 189885 PRO PR THY s %NIL 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 WELLS FARGO BANK, N.A., SB/M TO WELLS COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC., F/K/A CIVIL DIVISON NORWEST MORTGAGE, INC. NO. 08-CIVIL-6323 Plaintiff V. CUMBERLAND COUNTY JEROME R. CLARK Defendant(s) TO: JEROME R. CLARK 0A ?/1&. 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 DATE OF NOTICE: November 21, 2008° THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 LAUREN MATTER Legal Assistant PHS # 189885 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. JEROME R. CLARK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-CIVIL-6323 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JE OME R. CLARK is over 18 years of age and resides at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612. This statement is madell subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff 'k 00 ? 'O 00 ? 71 ?• waw k (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A., SB/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGjAGE, INC., F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC. VS. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 : CIVIL DIVISION : No. 08-CIVIL-6323 Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLE ANY INFORMATION OBTAINED HAVE PREVIOUSLYRECEIVED . SHOULD NOT BE CONSTRUED 1 ONL Y ENFORCEMENT OF A LIE TOR ATTEMPTING TO COLLECT A DEBT AND VILL BE USED FOR THAT PURPOSE. IF YOU DISCHARGE IN BANKRUPTCY, THIS IS NOT AND I BE ANATTEMPT TO COLLECT A DEBT, BUT 'AGAINST PROPERTY. ** SHERIFF'S RETURN - REGULAR CASE NO: 2008-06323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS CLARK JEROME R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK JEROME R the DEFENDANT , at 0011:24 HOURS, on the 31st day of October , 2008 at 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 by handing to JEROME CLARK DEFENDANT a true and attested copy of ?OMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline" 11/06/2008 PHELAN HALLIN S IEG By: - - day utV--gheriff A. D. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A . NORWEST MORTGAGE, INC. Plaintiff, No. 08-CIVIL-6323 V. JEROME R. CLARK Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $79,667.70 Interest from 12/05/2008-06/10/2009 $2,496.64 and Costs (per diem -$13.28) TOTAL $82,164.34 All 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. 189885 N b !t i M O r+1 a w Oz z w w? U AA w z z0H a Vz ^?O V 0 ?" ?a a w? > W?° w C7 00 ?Or? ? 300 ? ? A HU Ox O a 44 U? < ono ?W aW U v ?V a w ? (1? o0 b ai ? C R? Ul C fb g 0 0 00`8 0 C>s ti a? 1: cz c s ,f 00 00 ON 00 -,? -4 M yr PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, V. JEROME R. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SC G, ESQUIRE Attorney for Plaintiff ra Q o r i`? WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, V. JEROME R. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO _BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE. INC.. F/K/A NORWEST MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1871 DOUGLAS DRIVE, CARLISLE PA 170134612. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PALISADES COLLECTION, LLC PALISADES COLLECTION, LLC C/O DAVID R. GALLOWAY 210 SYLVAN AVE ENGLEWOOD CLIFFS, NJ 07632-2524 4660 TRINDLE ROAD STE 300 CAMP HILL, PA 17011-5610 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, DBA, BENEFICIAL MORTGAGE 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 -"' 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 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. February 10, 2009 _ sz? - DATE DANIE G. SCHMIEG, ESQUIRE Attorney for Plaintiff i-, z7 rTl ^ft WELLS FARGO BANK, N.A., S/B/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. No. 08-CIVIL-6323 Plaintiff, V. JEROME R. CLARK Defendant(s). February 10, 2009 TO: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 1871 DOUGLAS DRIVE, CARLISLE, PA 170134612, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,667.70 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet - along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from William M. Kronenberg and Joanne S. Kronenberg, h/w and Norman L. Rynard and Kathryn L. Rynard, h/w and Stephen D. Tiley and Helene M. Tiley, h/w, dated 06/10/1999, recorded 06/23/1999 in Book 202, Page 214. PREMISES BEING: 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 PARCEL NO. 29-16-1094-361 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6323 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC., Plaintiff (s) From JEROME R. CLARK (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 $79,667.70 L.L. $.50 Interest from 12/05108 - 6/10/09 (per diem - $13.28) -- $2,496.64 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs Plaintiff Paid Date: 2/17/09 Curtis R. Lo *rono ( Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff V. CUMBERLAND County No. 08-CIVIL-6323 JEROME R. CLARK Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 27, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on December 5, 2008 in the amount of $79,667.70. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure. 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 10, 2009. 5. 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 $72,115.51 Interest Through June 10, 2009 $7,353.60 Per Diem $14.82 Late Charges $152.30 Legal fees $1,300.00 Cost of Suit and Title $1,226.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $86.70 Private Mortgage Insurance Non Sufficient Funds Charge $60.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,050.99 TOTAL $83,420.60 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 20, 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 "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP / 49 DATE: z o By: 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, N.A., SB/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff V. CUMBERLAND County No. 08-CIVIL-6323 JEROME R. CLARK Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEROME R. CLARK and DOROTHY L. CLARK 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 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612. 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 Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage COm. v. Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 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, takes 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 Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4 K, /Z: 0 /r Phelan Hallinan & Schmieg, LLP By:' Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" N A O - ? n ?cm ° I t` ? ?j ?? Q ?m 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 MICHELE M; BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO , ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-70M 189885 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM dt 111 1 NO. Di - 10 ?,3 CUMBERLAND COUNTY JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 ?? hereby certify the within. to be a true. and Defendant ?reot copy of the . originai ftled of record CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 189885 Ft1 cop, .?.. p'T[OR?NS a??? 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 #. 189885 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/23/1999 JEROME R. CLARK & DORTHY L. CLARK made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1552, Page 174. By Assignment of Mortgage recorded 06/23/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 11. 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 03/01/2008 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 tb Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 189885 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2008 through 10/23/2008 (Per Diem $15.02) Attorney's Fees Cumulative Late Charges 0612311999 to 10/23/2008 Non Sufficient Funds Charge Mortgage Insurance Premium / Private Mortgage Insurance Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal . TOTAL 7. 8. 9 $72,115.51 $3,995.32 $1,250.00 $121.74 $40.00 $57.80 $550-00 $78,130.37 $0.00 $906.49 906.49 $79,036.86 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 pmonam 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 189885 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 11. Plaintiff hereby releases DORTHY L. CLARK from liability for the debt secured by the mortgage. 12. Plaintiff hereby releases DORTHY L. CLARK on 03/03/2005, defendant became sole owner of the mortgaged premises as surviving joint tenant with right of survivorship. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $79,036.86, together with interest from 10/23/2008 at the rate of $15.02 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and We of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP n By: LAWRENCE . PHELAN, QU FRANCIS S. HALLINAN, ESQ DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 189885 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A., SB/M[ TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC. vs. CIVIL DIVISION JEROME R. CLARK 1871 DOUGLAS DRIVE r LCr•.. No. 08-CIVIL-6323 CARLISLE, PA 17013-4612 f ...? cn y ? PRAECIPE FOR IN REM JUD 1? FAILURE TO i. F C) ANSWER AND ASSESSMENT O DAi1VtAGES CM TO THE PROTHONOTARY: Kindly enter judgment m favor of the Plaintiff and against JEROME_LARK 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 Plaintiff's damages as follows: As set forth in Compla. $79,036.$6 jtk gai? Interest - 10/24/2008 to 12/04 °^ 630.84 TOTAL $79,667.70 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. Daniel G. Schmieg, Esquir^ eT- Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _??L35-`pg PHS # 189985 T? PRO PR t Exhibit "C" 3 ?x rr6> ^I y? b n°E 7 L ? L U L £o L6 L 3000dIZ W08=10311VW w 600z Lz 2ldV 0 Loa LZtb000 mri??? 9 C Jd °;?? - - ? ua sn N L ? Eg w y? m W .5 b U ? O CZ C M V+ d v C W 0 ? L E .0. $ b' v Em fir v ? o L ? o O1 W ? 33 a?'ipo ? ? L LAO ? cn y?x e iu U .? 0 ? x i-1 a -CIO U ? 0 C7 c ? ? li v Hx ono z F C y QI G z„ 8v`v? ? L Z d O ..a .? N M V h ?O [? 00 p? ? N M ? .fir o? N?r 3? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: La By: n- 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, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-6323 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. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 DATE: Zo If- Phelan Hallinan & Schmieg, LLP By: Z?? Michele M. Bradford, Esquire Attorney for Plaintiff FL._ r ?, T THE t APR 3 0 ZUUJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. JEROME R. CLARK Defendant RULE No. 08-CIVIL-6323 AND NOW, this / day of A x_2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ao Rule Returnable -C-u ousel; F`ertnsyly nia. BY T COUR J. cla c? Ci* ?Ztl- -) . V Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradfordna fedphe.com JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 189885 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO CUMBERLAND COUNTY HOME MORTGAGE, INC., F/K/A NORWEST COURT OF COMMON PLEAS MORTGAGE, INC. Plaintiff CIVIL DIVISION V. NO. 08-CIVIL-6323 JEROME R. CLARK Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 189885 ' 9. o H EL - _ _r D z c ?O 00 -1 am vi ? w N CD r < 0 -- C7 D 00 00 2 - a e? 2 o ?. `? (? C7 CG a o z C7 4 C ?oa a C17 N b zoa b d o8D ? `b ON 50 (? a° ° .?y d 0 otz7o " n d 0 aW o z s "? b Cn o r b yC7? ?, r r?? r o . G1 7 G .Z 3 o _ z ?C7a .? ow ? z ?0 og 7d Q a to .< x C?a r t- m 1 ? ao p M k , O C'Q-z-3 v>>C O Z t y-3 I R a b wr r odv, ? ozv, oc 5 ?0 cD c? .. to G7 dr? ? C7 b a R a d o a r1? dao all 0 . + ? ? a?? JC, y y 6 z t7' ar i't' - cr w c n °" -d a °x °oy w d Z C r d o n ITI n o o rN •co? C L - O ° v? y V < C D ?O t3 " c r"TJ N ?yZ 6 0 myZ ? Z C O? D- D C N ,,y .d C H . CA n ? a WnC °o r 0 r ? y Z CD ? CD m? H 0 n -- w t N n W , CD '?? tv '. N P? Cl) > a tt t) 0 t!j _ 00 C) CD Z > C) CD o ? c c C ? -3 ~ a s: a 0 C C -d 0 Y t C CDD a? n o ? n CD o ? Qp w a y o a on O O o o . ? . H M p '-• 00 W 'b O . 8? H 9, W 4 o.o Q ^ O c H y ? a ' - C < • ? o 0 0 C 0 005 p w ? v a ac CD 3 mp m G o. P, R m 9 C1 m $ 0 0 ? a H , to 0 3 1 x . q 0 9. o' a ? ?P 5 ''. t l &mow m 620 02 1 03 g H 5 o M . 0004218010 FEB 17 2009 0 y e \ MAILED FROM ZIP CODE 1 91 0 3 y.b c t p - A ? O o?z o ? eD ? y d ? a ? tT1 b c O ? r ? r CA n O O r ?i1y`t i. bii I1' PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., FWA NORWEST MORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. JEROME R. CLARK Defendant No. 08-CIVIL-6323 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 11, 2009 Rule was sent to the following individual on the date indicated below. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 DATE: (5L?-4Q Phelan Hallinan ISchrWeg, LLP By: hel M. Bradford, Esquire Attorney for Plaintiff y . Fli t ! t ;CE -y[ fir 1TA i ? € R I. Ctl9 P', Y 22 1 ?- d ! t1 • . " n? z 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, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. JEROME R. CLARK Defendant No. 08-CIVIL-6323 MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., 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: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 25, 2009 A Rule was entered by the Court on or about May 11, 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 May 21, 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". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 10, 2009 . WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN 1 ALLINAN & SCHMIEG, LLP Date: By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-6323 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 25, 2009. A Rule was entered by the Court on or about May 11, 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 May 21, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 10, 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: g&'Lob© By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206774 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division V. JEROME R. CLARK Defendant RULE CUMBERLAND County No. 08-CIVIL-6323 AND NOW, this 114'?-- day of ` 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ao e??. ys'. Rule Returnable-emthe 2-0-099, at brthe-mahT- BY THE COURT Ail J. •?f IF..??r?v Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant Court of Common Pleas Civil Division r?UMBERLAND County ,W'$-CIVIL-6323 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 11, 2009 Rule was sent to the following individual on the date indicated below. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 DATE: L?4 1 ?? d 1S,zy?k :.,A. Phelan Hallinan Sc eg, LLP By: chef M. Bradford, Esquire Attorney for Plaintiff Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedr3he.com JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 189885 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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 unswom falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 51 // By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-6323 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. JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 PHELAN HALLINAN & SCHMIEG, LLP Date: By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779-- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff E!_ I i .,E: R! OF THE A?IYRDTAPY 2009 AI;l 2, 1 F' rAI I : 13 CUM +?l'y AUG IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff V. JEROME R. CLARK Defendant ORDER CUMBERLAND County No. 08-CIVIL-6323 AND NOW, this Zr day of A.,, -.- -- , 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 $72,115.51 Interest Through June 10, 2009 $7,353.60 Per Diem $14.82 Late Charges $152.30 Legal fees $1,300.00 Cost of Suit and Title $1,226.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $86.70 Private Mortgage Insurance Non Sufficient Funds Charge $60.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,050.99 TOTAL $83,420.60 Plus interest from June 10, 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. 189885 RV TNF MI TRT RLEL OF 114E M9 AUG 25) PPI 12: 00 8/2 -S/(-) F - P i. In the Court of Common Pleas of Cumberland County, Pennsylvania R.E ?r?C TA. Y 2nV29 0 ,"? 12 A i ;1: ; 2 Writ No. 2008-6323 Civil Term iY Wells Fargo Bank, N.A., SB/M to Wells Fargo Home Mortgage, Inc., F/K/A Norwest Mortgage, Inc. VS Jerome R. Clark Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2009 at 1750 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jerome R. Clark, by making known unto Jerome R. Clark, personally, at, 1871 Douglas Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0804 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 Jerome R. Clark, located at, 1871 Douglas Drive, Carlisle, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jerome R. Clark, by regular mail to his last known address of, 1871 Douglas Drive, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 15.88 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 276.92 !', Share of Bills 15.43 Post Pone Sale So Answers, R. Thomas Kline, S eriff By Real Estate Coordinator 40.00 809.73 ? /a/,? a,Ja y 60 231 ?I I WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION JEROME R. CLARK NO. 08-CIVIL-6323 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC, F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PALISADES COLLECTION, LLC PALISADES COLLECTION, LLC C/O DAVID R. GALLOWAY 210 SYLVAN AVE ENGLEWOOD CLIFFS, NJ 07632-2524 4660 TRINDLE ROAD STE 300 CAMP HILL, PA 17011-5610 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, DBA, BENEFICIAL MORTGAGE 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County 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 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 I _ 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. February 10, 2009 S200?Lli& DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Last Known Address (if address cannot be reasonably ascertained, please indicate) 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13t Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 i r WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff, V. JEROME R. CLARK CUMBERLAND COUNTY No. 08-CIVI1,6323 Defendant(s). February 10, 2009 TO: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1871 DOUGLAS DRIVE, CARLISLE, PA 170134612, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,667.70 obtained by WELLS FARGO BANK, N.A., SB/M[ TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS !YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J ,... You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in toe Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; c ntaining 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet a ong the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on s id Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from William M. Kronenberg and Joanne S. Kronenberg, h/w and Norman L. Rynard and Kathryn L. Rynard, h/w and Stephen D. Tiley and Helene M. Tiley, h/w, dated 06/10/1999, rcorded 06/23/1999 in Book 202, Page 214. PREMISES BEING: 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 PAR EL NO. 29-16-1094-361 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6323 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., s/b/m to WELLS FARGO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC., Plaintiff (s) From JEROME R. CLARK (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 $79,667.70 L.L. $.50 Interest from 12/05/08 - 6/10/09 (per diem - $13.28) -- $2,496.64 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs Plaintiff Paid Date: 2/17/09 (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Curtis Rothon ary By: Real Estate Sale # 50 On February 20, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1871 Douglas Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 20, 2009 BY: 0j 0-4? a'bvu? 6? L 0 .E cJ b 1 933 b00Z JAW?H 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: Ma 1, May 8, and May 15, 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. r Marie Coyne, SWORN TO AND SUBSCRI6ED before me this 15 day of Mav. 2009 Notary F TARIAL SEAL RAH A COLLINS tary Public , CUMBERLAND COUNTY on Expires Apr 28, 2010 - soft" *ALJ9 no. go Writ No. 2008_6323 Civil Wells Fargo Bank Wells > N.A. s/b/m to Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. vs. Jerome R. Clark Atty.: Daniel G. Schmieg LEGAL DESCRIPTION with L THAT CERTAIN lot of the ground ther improvements erected eon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and de- Lot *- 105 on the Resub- of Section 12 of NOR man", as the ism the Office of lard Pkm Book Ag 30; contai , Fq$e the North alori 149.17 feet along tion 12 con g Lot No. 104, See- the East along 21.331 feet along 8; cont g Noll Manor, Section South arcing 149.41 feet alon and c along Lot No. 106, Section 12e West ontainmg 21.33 feet along the on sai - Douglas Drive as shown Plan. and ON,TAINING 3,184 square feet housed proved with a town_ as and numbered 1871 117013. ve, Carlisle, Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from w illiani M. &onenberg and Joaruie RYnard and ' w and Norman L. and St en D. Tile Ryiiard, h M. Tdey, h/w, dated 06/ and Helene recorded 06/23/1999 in • 10/1999, Page 214. Book 202, PREMISES BEING: 1871 DOUG- 4612. DRIVE, CARLISLE, PA 17013- PARCEL NO. 29.16-1094-361. "The Patriot-dews Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4e?Jatriot-News Now you know 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 n the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 .? 05/08/09 .......... Sworn to acid ?As?¢fibed before me this 12 coy, of May, 2009 A.D. a , NotaryPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal -?' Shortie L. Kisner, Notary public 41CAfty Of Harrisburg, Dauphin County oen Expires Nov. 26, 2011 , Pennsylvania Associatlon of Notaries Real Estate Sale No. 50 Writ No. 20084323 Civil Term Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc., F/K/A Norwest Mortgage Inc. VS Jerome R. Clark Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from William M. Kronenberg and Joanne S. Kronenberg, h/w and Norman L. Rynard and Kathryn L. Rynard, h/w and Stephen D. Tiley and Helene M. Tiley, h/w, dated 06110/1999, recorded 06/23/1999 in Book 202, Page 214. PREMISES BEING: 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 PARCEL NO. 29-16-1094-361 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 Wells Fargo Home Mortgage, INC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. Jerome R. Clark Defendant(s) NO.: 08-Civil-6323 CUMBERLAND COUl 55 4^. a C: fV Q Z C_ .x- 0 IV C) 7-1 -? c w? PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against Jerome R. Clark defendant(s). As Set Forth in the Order $83,420.60 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff X 14.00 P D Am/ e v-* 900717 P.T* a'S(o aqq utileno» 1ioe Mailed PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff CIVIL DIVISION v JEROME R. CLARK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due NO. 08-CIVIL-6323 CUMBERLAND COUNTY $ 83,420.60 Interest from 6/11/2009 to Date of Sale $ 0.00 ($ 0.00 per diem) TOTAL $83,420.60 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 Ofi&cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 189885 0 d w? o> WrA az z oa ?H O U OOU ?d O? U W x? h ?U c? t?•?Rr - H a O z w U 4 L=7 d F-O W O x 0 w a a 0 z x m «i aka ax arc f i . N (rl IS U? aw W N ?Q °a 0 U w? 00 L 0 Gsr O G7r ? a D U. CL z = - a oko 0 g 0 °o °C- ?in Ot- a? -n ° ? Q o U,¢aa b ?0 h- Q. a- O N yn C) r- 14 a r- CD . M rrMi O 'c' r1l N WI) r Mme' Ooooo oo pMN ON N O w o o oZ ozoornNN? o ob o 6Z aZZZbzb d d 6 Z Z rzZb a?bb ^b ^zzzooz?bWbb aio ^ ^ ?' •-o•-o b b o -d ^ ^ ^ W ?WWW-tiW?•?'v°,"b ?W W ?WW i c?a w° p W W W ci W c°a a?i w u Q > C7 C7 ?, P4 1 rz?0 C's as a °? H '? .- 3 > c? 3 a?E?????????????? E- C'd g `9 U I 4 AUG 2 4 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No. 08-CIVIL-6323 JEROME R. CLARK Defendant ORDER AND NOW, this oc day offlejwt-, 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 Plaintiffs 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. $72,115.51 Interest Through June 10, 2009 $7,353.60 Per Diem $14.82 Late Charges $152.30 Legal fees $1,300.00 Cost of Suit and Title $1,226.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $86.70 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $60.00 ($0.00) '$1,050.99 $83,420.60 Pius interest from June 10, 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 ?- J. 189885 " IUD' COPY FROM RECORD syf Tatmtny whered, ! hae unto set nay hark the to of said Cou at CarKW's, Pa '` - - v Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-6323 : CUMBERLAND COUNTY a F} CERTIFICATION v ?' The undersigned attorney hereby states that he/she is the attorney for the Pla intiff iki e a b(i e cao?ped matter and that the premises are not subject to the provisions of Act 91 because: . r Y ; . M L (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied tv s"c ( ) the premises is vacant ( ) 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. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 EI.Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013- 4612. C o „; 1. Name and address of Owner(s) or reputed Owner(s): ter r, . ,- Name Address (if address cannot be reasonably 1--f M ascertained, please so indicate) - - t JEROME R. CLARK 1871 DOUGLAS DRIVE `' CARLISLE, PA 170134612 rn 2. Name and address of Defendant(s) in the judgment: N Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Palisades Collection, LLC 210 Sylvan Avenue Englewood Cliffs NJ,07632 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Beneficial Consumer Discount Company, 419 Stonehedge Drive, Suite 2. DB/A, Beneficial Mortgage Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritie December 30, 2009 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CIVIL DIVISION Plaintiff NO. 08-CIVIL-6323 VS. CUMBERLAND puxTY JEROME R. CLARK C: Defendant(s) ?_ } NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEROME R. CLARK ' 1871 DOUGLAS DRIVE N CARLISLE, PA 17013-4612 - ` * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $ 83,420.60 obtained by WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-CIVIL-6323 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. JEROME R. CLARK owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 Parcel No. 29-16-1094-361 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $ 83,420.60 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from William M. Kronenberg and Joanne S. Kronenberg, h/w and Norman L. Rynard and Kathryn L. Rynard, h/w and Stephen D. Tiley and Helene M. Tiley, h/w, dated 06/10/1999, recorded 06/23/1999 in Book 202, Page 214. PREMISES BEING: 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 PARCEL NO. 29-16-1094-361 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6323 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A, s/b/m to WELLS FARGO HOME MORTGAGE, INC, f/k/a NORWEST MORTGAGE, INC., Plaintiff (s) From JEROME R. CLARK (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 $83,420.60 L.L. Interest from 6/11/09 to Date of Sale -- To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $997.23 Plaintiff Paid Date: 1/14/10 Other Costs David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST PHS # 189885 MORTGAGE, INC. DEFENDANT SERVICE TEAM/ fin JEROME R. CLARK COURT NO.: 08-CIVIL-6323 SERVE JEROME R. CLARK AT: TYPE OF ACTION 1871 DOUGLAS DRIVE XX Notice of Sheriffs Sale CARLISLE, PA 17013-4612 SALE DATE: 06/02/2010 SERVED Served and made known to TWO/ AF- P1, eU}RK , Defendant on the 0- day of 20q0 mat C=D 3:6K, o'clock P.M., at Ig?I Daa N .,(3W4.1SLP- PA-, in the manner described below: _ Defendant personally served. +? Adult family member with whom Defendant(s) reside(s). Relationship is & N _ Adult in charge of Defendant's residence who refused to give name or relationship. t _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age 30 s Height ?4 6~ Weight 1'76 Race B Sex Other I, 8r1J 4-t,D Ajo L L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed -- before me this OrL day 1}?IF RLY CE' .T?' of 2(1_&. NO ARY PU%,IC STAff,:Di l -'.RSF.Y Notary: By- MY C?tiSE; W.'?R4 5 ;?9,RCH 7.2013 NOT SERVED On the _ da 200at o'clock M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed ofore me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq.,.Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal P. Shah-Jani, Esq., Id. No. 81760 Jeome R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Inter J. Mukahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jamie McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakus. Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambktt, Esq., Id. No. 208375 ]1617 John F Kennedy Blvd, 1400 Philadelphia, PA 19103-1814 (215) 563-7000 14? WELLS FARGO BANK, N.A., SBIM TO WELLS FARGO HOME MORTGAGE, INC., F[WA NORWEST MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 V. JEROME R. CLARK Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013- 4612. 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): f n Name Address (if address cannot be reasonably ascertained, please so indicate) 7-'7 ..r , 71 (77' JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 -° Name and address of Defendant(s) in the judgment: 7y Name Address (if address cannot be reasonably -? ,- =4? ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Palisades Collection, LLC Palisades Collections, LLC c/o David R. Galloway, Esquire 210 Sylvan Avenue Englewood Cliffs NJ 07632 130-B Gettysburg Pike Mechanicsburg, PA 17055 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Beneficial Consumer Discount Company, 419 Stonehedge Drive, Suite 2. DB/A, Beneficial Mortgage Carlisle, PA 17013 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: _rjn'? 3? Attorney for Plaintiff Phelan Hallinan & Schmieg, LP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? J B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. JEROME R. CLARK Defendant(s) No. 08-CIVIL-6323 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E ibit "A". ? Lawrence T. Phel , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 Q Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 0 (o - ? ?0 Attorney for Plaintiff Date: C4 - IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 189885 COT o,ov-*to s °s ?p11d _ / w 'Ale - I - r-T?1 I... 1 W 0 ^'xa C R o S q •O 7 v ? ? k" a d' ? d ? y t!! L O i C y `?+ to J M tilt H G O y cJ? K1 "" °? '"" ? :.d A O ? Y tn ow t°J aadU c"a c a-0 o 00- a N H ? # Vi u e a O'er p v wt O ? ? N ' v ? V N .".f_ m G• n r. G W r ? b! I as T .O 6 ? q v n°. oG O z ?d IH ?• I u O T a 8 u r ? v u, ;3OOo aiz woa? (373 ,. g5W LZbQLf? ? L O9Z' ?'O ? z S1MIiH h{Nlld ? ! ? r7 ???jsod ?ya4 y d it b b d v 4.y H C64 x bA ? r+ ? v W ; Vt CK ? a ii / ? ? rM ny ? Q3 bUC7?u O i U ti C v i z. °i b ? Q zQO ?' d °Ti H m?"sue F ` T C ?F Tp, ? u F O y o O .N ? c v N b W E ? d EN°??' O C C N in ay?oo? 0 U 6 +-O N O 7 OtA F•? o o v N U R ? ? U R U U ^ ? M G ON 1.2 a °oa I. let, O N F ? R N zT 0 0. C+1 N M F .> y U N a. x C? V N ?.y v 4- C n. ? F? v 0. F "s 7 'd W N v b ? T SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??t`t?tf/r ai +s;urnGr????4 li Lt ? T r [ - n iii Q: 49( Lill v i L Richard W Stewart Solicitor Wells Fargo Bank, N.A., vs. Jerome Russell Clark Case Number 2008-6323 SHERIFF'S RETURN OF SERVICE 03/30/2010 07:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1932 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 Jerome R. Clark, located at 1871 Douglas Drive, Carlisle, Cumberland County, Pennsylvania according to law. 03/30/2010 07:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1932 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jerome Clark, by making known unto, Jerome Clark, personally, at 1871 Douglas Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., S/B/M To Wells Fargo Home Mortgage, Inc., F/K/A Norwest Mortgage, Inc., 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 754.87 SHERIFF COST: $754.87 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a ?DO P? ? Co - ;oj Goum,,Sufto Shenft, Teieosott. In-, N WELLS `eAAGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, IN's" ., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. JEROME R. CLARK Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-CIVIL-6323 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEROME R. CLARK 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IV YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED'TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." a Your house (real estate) at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $ 83,420.60 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your propert y. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-CIVIL-6323 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. JEROME R. CLARK owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON Cumberland County, Pennsylvania, being (Municipality) 1871 DOUGLAS DRIVE CARLISLE PA 17013-4612 Parcel No. 29-16-1094-361 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $ 83,420.60 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES VESTED IN Jerome R. Clark and Dorothy L. Clark, h/w, by Deed from William M. Kronenberg and Joanne S. Kronenberg, h/w and Norman L. Rynard and Kathryn L. Rynard, h/w and Stephen D. Tiley and Helene M. Tiley, h/w, dated 06/10/1999, recorded 06/23/1999 in Book 202, Page 214. PREMISES BEING: 1871 DOUGLAS DRIVE, CARLISLE, PA 170134612 PARCEL NO. 29-16-1094-361 i, WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOMIF, MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. JEROME R. CLARK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-6323 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1871 DOUGLAS DRIVE, CARLISLE, PA 17013- 4612. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JEROME R. CLARK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Palisades Collection, LLC 210 Sylvan Avenue Englewood Cliffs NJ,07632 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Beneficial Consumer Discount Company, 419 Stonehedge Drive, Suite 2. DB/A, Beneficial Mortgage Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. i? 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1871 DOUGLAS DRIVE CARLISLE, PA 17013-4612 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritiQs-- --. December 30, 2009 By: ?iA : ? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH CIF PENNSYLVANIA) NO 08-6323 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, s/b/m to WELLS FARGO HOME MORTGAGE, INC, f/k/a NORWEST MORTGAGE, INC., Plaintiff (s) From JEROME R. CLARK (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 $83,420.60 L.L. Interest from 6/11/09 to Date of Sale -- To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $997.23 Plaintiff Paid Date: 1/14/10 (Seal) David D. Buell, By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs On March 221 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered, 1871 Douglas Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Rea state Coordinator 0z b d S I M piOZ 33?2?3h? j,;y - ?jj?J J : 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: April 16, April 23, and April 30, 2010 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. Writ No. 2008-6323 Civil Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. vs. Jerome R. Clark Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 08-CIVIL-6323, WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. JEROME R. CLARK, owner of property situate in the NORTH MIDDLETON TOWNSHIP, Cumber- land County, Pennsylvania, being 1871 DOUGLAS DRIVE, CARLISLE, PA 17013-4612. Parcel No. 29-16-1094-361. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $83,420- .60. (_ysa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 0 day of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 t: ,a;. ?, «,; ., $ } The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, k 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: YWtt No. miman Twm 04/16/10 p. Waft leOW flank, NA, 04/23/10 SEE WNIa Faw Home 04130/10 IMcrtipo, Inc Veu Joromis R tW* v Atty: De nbi Q: Be .................. By virtue of a Writ ofEzwutiort NO.08' MM, 6323 Sworn to n subscribed bef a hjs 18 day of May, 2010 A.D. WELLS FARGO BANK, N,A,, S/B/M TO WELLS FARG0 HOME MORTGAGE, INC., ? FWA NORWESTMOMUWF; INC. vl VS' Not ublic JEROMERCLARK . Owner(s).af Property. situate in the,NORTH MIDDLETON; TOWNSHIP, Cumberland Canty, Peimaylvania, being (Munkipal4)1671 COMMONWEALTH OF PENNSYLVANIA DOUGLAS DRIVE. CARLISLE, PA 17013- Notarial Seal 4612 Public Parcel No. 29-16-10.94-361 (Acreage of sftd Sherrie Paxton Klsner, Notary RESIDH? f1AL lower Paxto p Oau Nov. County My Commission Expires v. 26, 2011 DWEA'NG 'UOr GMENT AMOUNT; $ Member, Pennsvlvania Association of Notaries 53,420.60 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 WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 14TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6323, at the suit of WELLS FARGO BANK N A against JERONE R CLARK is duly recorded as Instrument Number 201018174. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this day of A.D. D?Q of Deeds iMocrderd?eridCanh, CeiAsie, Pll MjC vrk E00tt*Fiatk4wftdJvLM14