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HomeMy WebLinkAbout08-7260PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 ARANCIS 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) 563-7000 192986 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C ? "1 1 NO. 6 ? - 7a W CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192986 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 (717) 249-3166 File #: 192986 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/15/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1337, Page 938. By Assignment of Mortgage recorded 02/28/2000 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PNC MORTGAGE CORPORATION OF AMERICA. which Assignment is recorded in Assignment of Mortgage Book No. 639, Page 36. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 192986 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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. The following amounts are due on the mortgage: Principal Balance $142,302.98 Interest $3,812.57 07/01/2008 through 12/10/2008 (Per Diem $23.39) Attorney's Fees $1,250.00 Cumulative Late Charges $108.76 08/15/1996 to 12/10/2008 Mortgage Insurance Premium / $55.74 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $148,280.05 Escrow Credit $0.00 Deficit $48.66 Subtotal 48.66 TOTAL $148,328.71 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have File #: 192986 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. LAWRENCE J. FEDORKO; IRS Docket No. 07-7100; filed 11/272007; in the amount of $42,776.02 File #: 192986 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $148,328.71, together with interest from 12/10/2008 at the rate of $23.39 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. LAWRENCE T. PHELAN, ESQUIRE -FRANCIS S. HALLINAN, ESQUIRE 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 CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 192986 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land known and designated as Lot No. 29, Block T, Plan No. 5 of Indian Creek as prepared by D. P. Raffensperger, Registered Surveyor, dated September 10, 1969, and filed in the Recorder of Deeds Office in Cumberland County on December 3, 1971 in Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance of 192.0 feet to a point at the Conodoguinet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. BEING subject to a 20 foot sewer easement, the center line of same being 135.0 feet east of the eastern line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block T, Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. PREMISES: 246 INDIAN CREEK DRIVE PARCEL#: 10-20-1846-050 File #: 192986 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 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. f Attorney for Plaintiff DATE: l i-t T It ll§- 7" E rn ryl rs? -.11.11, SZ, v ro i 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, NA Plaintiff VS. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7260 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. Date: 12/17/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Franc & Hallinan, Esquire PHS #: 192986 ? ?-, s :` r? . . . ;--? _; r 4.; ?.?_ e.,w .,,;, ... ?? 1.: ".? 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, NA Plaintiff VS. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/KJA MARY E. FEDORKO Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLigs CIVIL DIVISION" NO. CIVIL 08-7260 CUMBERLAND COUNTY'" -- '? 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: LAWRENCE J. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Date: 12/17/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Franc, S. Hal man, Esquire l e , VERIFICATION Vice President of Loan Documentation Valorie Wallace hereby states that he/she is __ of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., 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 unders ds that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn fayffication to authorities. DATE: 12-11-08 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 192986 CASE NO: 2008-07260 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS FEDORKO LAWRENCE J ET AL 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 FEDORKO LAWRENCE J the DEFENDANT , at 0017:50 HOURS, on the 17th day of December-, 2008 at 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 by handing to ADAM FEDORKO ADULT SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline IZ124 vv 00 38.80 12/18/2008 PHELAN H Sworn and Subscibed to By: before me this day of , A.D. M 1 CASE NO: 2008-07260 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS FEDORKO LAWRENCE J ET AL 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 FEDORKO MARY ELLEN AKA MARY E FEDORKO the DEFENDANT , at 0017:50 HOURS, on the 17th day of December-, 2008 at 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 ADAM FEDORKO by handing to ADULT SON together with a true and attested copy of COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 rz/zw/o8 ?j,. 00 l Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/18/2008 PHELAN HALLINAN Cr__ By: . De puty Sheriff of A. D. t 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, NA VS. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-7260 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 LAWRENCE J. FEDORKO and MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO, 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 Plaintiffs damages as follows: As set forth in Complaint $148,328.71 Interest - 12/11/2008 to 01/23/2009 $1,029.16 TOTAL $149,357.87 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: /Z2L q 0 -MEW PHS # 192986 ?` PRO PROTHY 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, NA VS. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-7260 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 LAWRENCE J. FEDORKO is over 18 years of age and resides at 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. (c) that defendant MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO is over 18 years of age and resides at 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fia &4 1 / / / -, 66 S19", 4 ? - - Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO Defendant(s) TO: LAWRENCE J. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 DATE OF NOTICE: January 7, 2009 PROPERTY. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-7260 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF 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 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 SEAN MCDONNELL Legal Assistant PHS 4 192986 PHELAN 1 ALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-7260 LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO Defendant(s) TO: MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 DATE OF NOTICE: January 7, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 -m cb la--o SEAN MCDONNELL Legal Assistant PHS # 192986 T 'y4 V r!n l,.s C? c.... J r ri-y ?a co -, w (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA CUMBERLAND COUNTY VS. LAWRENCE J. FEDORKO COURT OF COMMON PLEAS MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE CIVIL DIVISION MECHANICSBURG, PA 17050-2526 No. CIVIL 08-7260 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Notice is given that a Judgment in the above captioned matter has been entered against you on 142 L, 16!? I- I 1'..e . ?-? - D?P-? By: If you have any questions 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 COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO No. CIVIL 08-7260 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/24/2009 - 06/10/2009 (per diem -$24.55 ) $149,357.87 $3;387.90 and Costs TOTAL Note: Please attach description of property. $152,745.77 DANIE G. SCH G, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 192986 "01.0 N ? N G aw ?v U W -cs Ex., V-A 0 Q? ? ? ? ??, W ? a`to CW ?W H c ? `'.n,A wW w z?, a L7 r' ( *'? O 4r N N f.? a d U _ O? a w H v If ol Y .,, 7 -P .s t ry{ ? _? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7260 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. f)ANfEL G. HMIEG, ESQUIRE Attorney for Plaintiff -r; f-11 - .-T 4 WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7260 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. 1. Name and address of Owner(s) or reputed Owner(s): Name LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Last Known Address (if address cannot be reasonably ascertained, please indicate) 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 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 UNIFUND CCR PARTNERS UNIFUND CCR PARTNERS C/O JONATHAN S. MCANNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 f 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) None 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) Internal Revenue Service Federated Investors Tower U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 FEDERAL BUIDLING PO BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 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 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 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 ' Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program 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. February 23, 2009 - a. 5?? DATE NIE G. S IEG, ESQUIRE Attorney for Plaintiff rv lit h` cry WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s). CUMBERLAND COUNTY No. CIVIL 08-7260 February 23, 2009 TO: LAWRENCE J. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 MARY ELLEN FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " Your house (real estate) at, 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050- 2526, 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 $149,357.87 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff_ at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land known and designated as Lot No. 29, Block 7, Plan No. 5 of Indian Creek as prepared by D. P. Raffensperger, Registered Surveyor, dated September 10, 1969, and filed in the Recorder of Deeds Office in Cumberland County on December 3, 1971 in Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance of 192.0 feet to a point at the Conodoguinet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. BEING subject to a 20 foot sewer easement, the center line of same being 135.0 feet east of the eastern line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block'J', Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Larry J. Fedorko and Mary Ellen Fedorko, h/w, by Deed from John F. Romberger and Kathleen E. Romberger, h/w, dated 08/15/1996, recorded 08/26/1996 in Book 144, Page 951. PREMISES BEING: 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526 PARCEL NO. 10-20-1846-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7260 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From LAWRENCE J. FEDORKO AND MARY ELLEN FEDORKO (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 gamishee(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$149,357.87 L.L.$.50 Interest FROM 01/24/2009 - 06/10/2009 (PER DIEM- $24.55) - $3,387.90 AND COSTS Atty's Comm % Atty Paid $173.80 Plaintiff Paid Date: February 25, 2009 (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs C s R. Long, rothonotary By: Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, NA DEFENDANT(S) LAWRENCE L FEDORKO MARY ELLEN FEDORKO SERVE LAWRENCE J. FEDORKO AT: 246 2L" CREEK DRIVE MECHANiCSBURG, PA 17050-2526 SERVED CUMBERLAND COUNTY No. CIVIL 08-7260 ACCT. X18298 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 Served and made known to t?wR? E T? 'P£ b0AWo , Defendant, on the N h day of. AAP-G-ti . 200Q at o'clock _? .m., at #46 (N (34-IEL(1 i V v, 1t1A--t} fi1J lCS 8V A4 - Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is IA49Y i:l L f tj ) VA Ff-- Adult in charge of Defendant(s)'s residence who refined 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 /? ,SAS Height Weight Race W Sex F Other I, P ! Vto 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 sub 'bed this day of 0001 No By: ? VICE, LEA?" AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SER'V'ICE ATTEMPTED. PATRICIA E. HARRIS Commission Expires June 18, 2013 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1°t Attempt: Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: Attorney for P DANIEL G. SCW411G, Esquire,- I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 A a¢ 99 RL ED--CffF1 DI: THE 2009 MBAR 31 AH 11; G 1 ? i'aTY 44a, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, NA / No. CPvrM 08-7260 DEFENDANT(S) LAWRENCE J. FEDORKO MARY ELLEN FEDORKO ACCT. #19W SERVE MARY ELLEN FEDORKO AT: Type of Action 246 INDIAN CREEK DRIVE - Notice of Sheriffs Sale N E I AWSBURG, PA 17050-2526 Sate Date: JUNE 10, 2009 SERVED nn Served and made known to hul ? t- rN FEDORK 0 , Defendant, on the `7' h day of ( t 2009 at 4.5 5 . o'clock -P.m., at -146 IN b I" CA M0 DR% V F I MSC 44*SV-S fta,& , Commonwealth of Pennsylvania, in the manner described below: _ V 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 _QS Height 5 ? 5" Weight 154 Race W Sex F Other I, Fc07U+(_ b /Q6 L t- . 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 sabed before me this 4114 day 200. r ?' "'^-?'l By: MPT S E AT LEAST 3 TINES. INDICATE DATES & TIMES OF SERVICE iL ATTEMPTED. 3tats of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Fxpirea June 18, 21"S On the day of 200_,, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of _200-. Notary: Attorney for Plaintiff DANIEL G. SCMUEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 OF THE K.',, T,P'Ir (1'ARY 2009 MAR 31 AN 11: U IS PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 12, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A9, 2. Judgment was entered on January 26, 2009iri the amount-of $149,357.87. 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 Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $142,302.98 Interest Through June 10, 2009 $8,040.93 Per Diem $23.39 Late Charges $108.76 Legal fees $1,300.00 Cost of Suit and Title $761.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $60.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $111.48 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $810.13 TOTAL $153,590.78 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in 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 I, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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. DATE: 4"al t- Phe lin & Schmieg, LLP By: Michele M. a ord, Esquire Attorney for P amtiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LAWRENCE J. FEDORKO and MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 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 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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 an d 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. d Y alli & Schmieg, LLP DATE: By: Michele M. a I Drd, Esquire Attorney for P ' tiff Exhibit "A" 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 JAIlVIE MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 192986 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 Defendants n N y; F ILI, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C L! NO. 0- WOE CUMBERLAND COUNTY We hereby certify the ,wlih?ln t') be Ia trLte acs=' correct c®pY of the _ ? ori?afiledof ret ATTORNEY FILE COPY CIVIL ACTION - LAW PLEASE RETUR' COMPLAINT IN MORTGAGE FORECLOSURE File #: 192986 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 (717) 249-3166 File #: 192986 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/15/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1337, Page 938. By Assignment of Mortgage recorded 02/28/2000 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PNC MORTGAGE CORPORATION OF AMERICA. which Assignment is recorded in Assignment of Mortgage Book No. 639, Page 36. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 192986 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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. 6. The following amounts are due on the mortgage: Principal Balance $142,302.98 Interest $3,812.57 07/01/2008 through 12/10/2008 (Per Diem $23.39) Attorney's Fees $1,250.00 Cumulative Late Charges $108.76 08/15/1996 to 12/10/2008 Mortgage Insurance Premium / $55.74 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $148,280.05 Escrow Credit $0.00 Deficit $48.66 Subtotal 48.66 TOTAL $148,328.71 7 8. If the mortgage is reinstated prior to a Sheriff s 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 Sheriff s 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 ersonam 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 File #: 192986 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. LAWRENCE J. FEDORKO; IRS Docket No. 07-7100; filed 11/272007; in the amount of $42,776.02 File #: 192986 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $148,328.71, together with interest from 12/10/2008 at the rate of $23.39 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. LAWRENCE T. PHELAN, ESQUIRE -FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JEENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff C)- to 95- File #: 192996 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land known and designated as Lot No. 29, Block'r', Plan No. 5 of Indian Creek as prepared by D. P. Raffensperger, Registered Surveyor, dated September 10, 1969, and filed in the Recorder of Deeds Office in Cumberland County on December 3, 1971 in Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance of 192.0 feet to a point at the Conodoguinet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. BEING subject to a 20 foot sewer easement, the center line of same being 135.0 feet east of the eastern line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block T, Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. PREMISES: 246 INDIAN CREEK DRIVE PARCEL#: 10-20-1846-050 File M 192986 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 s?ipplied by Plaintiff and.are"true and correct to the best of my knowledge, information and belie 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 relaxing to unsworn falsifications to authorities. 6 , 0? ?- Attorney for Plaintiff DATE: 1'. _ f ! LO Z 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 WELLS FARGO BANK, NA VS. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. CIVIL 08-7260 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 LAWRENCE J. FEDORKO and MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 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 Plaintiffs damages as follows: As set forth in Complaint $148,328.71 Interest -12/11/2008 to 01/2312009 $1,029.16 TOTAL $149,357.87 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: &` - 2? PHS # 192986 PRO PROTHY Exhibit "C" r; b H ? o C" G c. ? o -n n. ]7 H a O a= _oo Oro no M 0 B O r H .o?o o n w ? w Gc o o c o' o a' n c? m ? w fC ° '.7. w o n _. c y g H a w,5 no. ? ,o m £ ?e rn m bay O K w n w y c w 9 w x. y m ? 3 rn ?, `° c do,ss?' _. 0 3 ..o o ? ? o n p w N - O oo a \ to w N - r 0 a co t3. Vi ? b b 'mss Q. pr Hr A N N _ ? z O C A ?o y r r dy z [dam '?C ra y -? ?- > ?z M 00 ?x ?d ? 'd p ? ? Cr1 , G7 ii > C ?C 'L b oil tJ ?. O O C O r ? ? fD o vv x ? zy A N? z g y d ry z 20 ? ?: x ? Q H ?dc> O,. t O,;pNCSPOsq?R QrQ ? _`" s? •?ncz?" ????N?y Hurons ,.?,,,. . 02 11V. $ 02.20° 000421801,3 APR 27 2009 MAILED FROM ZIP CODE 19103, A VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. P 1 & Schmieg, LLP DATE: ikld-? By: MP e M. a ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 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. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 WAI h ? DATE: Phel H V linan chmieg, LLP By: Michele M. BradVd, Esquire Attorney for Plaintiff FILEC-)-tA? i s0,E THr PPOTYONOTARY 2009 MAY -5 AM 9: 4 9 h r1 CUPS? _ P[ ?iNS,YI A,- iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7260 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF BLAIR ) SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 1, rr. 3, ?i}- / 1 / r nJ A-?-) follows: Esq. attorney for WELLS FARGO BANK, NA herby verify as 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 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 Attorneys for Plaintiff 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. 192986 roo z p ?O 00 kA A W N CD y E ?o mr t'J t m j °O o A o? m 3 y a CD ?.z y ??nC y0 0 noC ZNZ =NCC ooCn "dOW 0 y 0 ? J d O' `t7 °`n -3 Z bdn Oro0 C) a co d A d? 0 ? ao ? r? ? . o xxZa oa z o? , ^P Z CzOZ Ziyz Cf) ?b 7Q Ddz ?X;n cn"mcn 0 O's m ?7b?d ?xn r CZ0?> oF (D 00 UQ z0 Cd? z l7x?n ? rz aa? .? 00 °, a CD o z a s d >r?O v =OPv -0-1< ki ?- ? tACD CAD 0 7d td a ?y r)> o 9 O y ,tea ' ? c?n ? mo , e?D o`° N - ~ NY' ? xz x o mt 7h 04 .q v i o ? 0- ? w M 0 a o N y N" si C) H ' eD ? CD r y y to N n ? c ? m < O Mo o ?? t " n CD , ? coo dC cn 0 Z m q H. w '. tj a n d t2l eD a b CD 00 rn C C> &A " 0-4 y? ° o O 8 10 ? y o V1 C ? (n' /?1 a : H C o N O CD a CD a r 00 W ?CD c ° CD M ONO . a g O CD CD ° 'O 7 NB ' CD C 00 q `' W . p ; m 0, w a y G q 1?.--I J "_.nco O in' ? • N R q (V. .y ? ^ ? O N ?j Oq^0 G 'n G 5 QG z? w 9 R ? ° a PlYNCY BOWES 02 iM $04 040 000 . 421 801 0 FES 2 4 2009 MAI LED FROM ZIP CODE 19 1 03 V-qi n ? A `ry.g d5' 0C o a h o n C C? ? S ? d q c A G w q ZIP oa?z ? y fD c,00? o ? y yCD C w `C Cr o cr R? ?at °o b O m FILED-4,)., r"ICF OF THE PIMP n?JOTARY 2009 MAY -8 AM 11: 4 5 CUM WELLS FARGO BANK, NA PLAINTIFF V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7260 CIVIL ORDER OF COURT AND NOW, this 7th day of May, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 27, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?N ichele M. Bradford, Esquire Attorney for Plaintiff /C Lawrence J. Fedorko ? 'Mary Ellen Fedorko ,/kla The United States of America a c/o The United States Attorney for the Middle District of PA bas ?,l M. L. Ebert, Jr., J. V'JNVil MNN3d 6 Wit 8- AN finz MViONvriLCW 3?U ?O 3OLL-10-031W . k PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2009 Rule noting a Rule Return date of May 27, 2009 was sent to the following individual on the date indicated below. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 DATE: 51 lilol P lan H llinan & ie , LLP By: ich 1 M. Bradford, Es e Attorney for Plaintiff i LE 7.11 1 r..l $... ;,l 1 l 4 2009 MAY IS Ph 12: 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, NA, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 24, 2009. 3. A Rule was entered by the Court on or about May 7, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 14, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 27, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallman Schmieg, LLP G? DATE: ( By: bi44*-j ?MiVCM. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 24, 2009. A Rule was entered by the Court on or about May 7, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 14, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 27, 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 & Sc LLP DATE: 0) 14 a By: M ch Bradford, Esquire Attorney for Plaintiff Exhibit "A" WELLS FARGO BANK, NA PLAINTIFF V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7260 CIVIL ORDER OF COURT AND NOW, this 7t' day of May, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 27, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff Lawrence J. Fedorko Mary Ellen Fedorko a/k/a The United States of America c/o The United States Attorney for the Middle District of PA 1?? I ??t% % M. L. Ebert, Jr., J. bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff v. n ? T1 . r= 1D- - N ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A??Y No. CIVIL 08-7260 A/K/A MARY E. FEDORKO PtEA?q1A Ecop y THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2009 Rule noting a Rule Return date of May 27, 2009 was sent to the following individual on the date indicated below. ? ATTOMEV FILE G(j FAISF pp t aq? Y LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 DATE: S 4.ichl linan & ie , LLP By: e Bradford, Es e Attorney for Plaintiff z a,,, e i,R VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Aelan gallinan & Schmieg, LLP DATE: I U By: Mic e M. Bradford, Esq e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-7260 Defendants 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. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 nan & Sc ieg, LLP DATE: V40 By: Halli Mic el radford, Esquire Attorney for Plaintiff MRHOR, OF MT'6VTARY 2ao9 SEP -8 AM 9'. 53 Gl???'-4 y.?(W?i? iii `f In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7260 Civil Term Wells Fargo Bank, NA Vs Lawrence J. Fedorko and Mary Ellen Fedorko FILED- ,?4r ;.,- . OF r- 7?,r iU 'tr r?`? (C SC f 4) '''f V?,.`fTAP 2099 SEP ! I PM 2: 3 7 Cum Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1206 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Lawrence J. Fedorko and Mary Ellen Fedorko, by making known unto, Mary Ellen Fedorko, personally, at, 246 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0906 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 Lawrence J. Fedorko and Mary Ellen Fedorko, located at, 246 Indian Creek Drive, Mechanicsburg, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Lawrence J. Fedorko and Mary Ellen Fedorko, by regular mail to their last known address of 246 Indian Creek Drive, Mechanicsburg, PA 17055. 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 this writ is returned STAYED, per letter of instruction from Elizabeth Hallinan. Sheriff's Costs: Docketing 30.00 Poundage 465.42 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 21.60 Levy 15.00 Surcharge 30.00 Law Journal 377.00 Postpone Sale 40.00 Patriot News Share of Bills So Answers, 5, rhas Kline, Sh . --- By (?L jAb a Real Estate Coordinator 315.49 15.43 1,342.44 ? q))4 1 °a 4 - ? . 71 qo3 lam- ,)30S3y WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7260 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE J. FEDORKO MARY ELLEN FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 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) UNIFUND CCR PARTNERS UNIFUND CCR PARTNERS C/O JONATHAN S. MCANNEY 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 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) None 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) Internal Revenue Service Federated Investors Tower U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 FEDERAL BUIDLING PO BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 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 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program 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. ,a, ? February 23, 2009 DATE NEE G. S IEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, NA Plaintiff, V. LAWRENCE J. FEDORKO MARY ELLEN FEDORKO Defendant(s). CUMBERLAND COUNTY No. CIVIL 08-7260 February 23, 2009 TO: LAWRENCE J. FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 MARY ELLEN FEDORKO 246 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050-2526 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050- 2526, is scheduled to be sold at the Sheriffs 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 $149,357.87 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 'You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff 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 or tract of land known and designated as Lot No. 29, Block W, Plan No. 5 of Indian Creek as prepared by D. P. Raffensperger, Registered Surveyor, dated September 10, 1969, and filed in the Recorder of Deeds Office in Cumberland County on December 3, 1971 in Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance of 192.0 feet to a point at the Conodoguinet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. BEING subject to a 20 foot sewer easement, the center line of same being 135.0 feet east of the eastern line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block'X, Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Larry J. Fedorko and Mary Ellen Fedorko, h/w, by Deed from John F. Romberger and Kathleen E. Romberger, h/w, dated 08/15/1996, recorded 08/26/1996 in Book 144, Page 951. PREMISES BEING: 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526 PARCEL NO. 10-20-1846-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7260 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From LAWRENCE J. FEDORKO AND MARY ELLEN FEDORKO (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$149,357.87 L.L.$.50 Interest FROM 01/24/2009 - 06/10/2009 (PER DIEM- $24.55) - $3,387.90 AND COSTS Atty's Comm % Atty Paid $173.80 Plaintiff Paid Date: February 25, 2009 (Seal) Due Prothy $2.00 Other Costs C R. Long, otary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 83 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 246 Indian Creek Drive, Mechanicsburg, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By- C-? ti jq PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 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- sa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RMAL UTATZ BALM No. 83 Writ No. 2008-7260 Civil Wells Fargo Bank N.A. vs. Lawrence J. Fedorko and Mary Ellen Fedorko Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land known and designated as Lot No. 29, Block `J', Plan No. 5 of Indian Creek as prepared by D. P. Raffensperger, Registered Surveyor, dated September 10, 1969, and filed in the Recorder of Deeds Office in Cumberland County on December 3, 1971 in Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance 192.0 feet to a point at the Conodoguinet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. 13EING subject to a 20 foot sewnx easement, the center line of sense be- ing 135.0 feet east of the eastera line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block `J', Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Larry J. Fedorko and Mary Ellen Fedorko, h/w, by Deed from John F. Romberger and Kath- leen E. Romberger, h/w, dated 08/ 15/1996, recorded 08/26/1996 in Book 144, Page 951. PREMISES BEING: 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526. PARCEL NO. 10-20-1846-050. he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?he ?latriot N¢ws 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 in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 % ....... . Sworn to ?nubscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PE-N-N-S--Y-L-VAANINA Notarial Seel ti Sherrie L Kisner, Notary Pubk hV E-Ir Of Harrlslxn, Dauphin County Member, Pennaylvanla Aasodallon of Notaries 05/08/09 Real Estate Sale No. 83 Writ No. 2008-7280 Civil Term Wells Fargo Bank, NA VS Lawrence J. Fedorko and Mary Ellen Fedorko Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land known and designated as Lot No. 29, Block `J', Plan No..5.of Indian Creek as prepared by D. P. Raillw4wW Registered Surveyor, deed S" mbw 10, 1969, and fled in the Recorder of Deeds Office in. Cumberiand County on December 3,1971 is Plan Book 22, Page 140. BEGINNING at a point on the eastern line of Indian Creek Drive, at the dividing line between Lots #28 and #29, said point being 339.95 feet south of the southern line of Shasta Way extended; thence by Lot #28, North 77 degrees 28 minutes East, a distance of 192.0 feet to a point at the Conodogumet Creek; thence by same, South 12 degrees 32 minutes East, a distance of 95.0 feet to a point at Lot #30; thence by same, South 77 degrees 28 minutes West, a distance of 192.0 feet to a point at the eastern line of Indian Creek Drive; thence by same, North 12 degrees 32 minutes West, a distance of 95.0 feet to the place of BEGINNING. BEING subject to a 20 foot sewer easement, the center line of same being 135.0 feet east of the eastern line of Indian Creek Drive and extending the full width of the lot. HAVING thereon erected a brick and aluminum two-story dwelling house known and numbered as 246 Indian Creek Drive, Mechanicsburg, Pennsylvania. BEING Lot No. 29, Block T, Plan No. 5, Indian Creek, Hampden Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Larry J. Fedorko and Mary Ellen Fedorko, h/w, by Deed from John P. Romberger and Kathleen E. Romberger, h/w, dated 08/15/1996, recorded 08/26/1996 in Book 144, Page 951. PREMISES BEING: 246 INDIAN CREEK DRIVE, MECHANICSBURG, PA 17050-2526 PARCEL NO. 10-20-1846-050 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, NA Plaintiff vs LAWRENCE J. FEDORKO MARY ELLEN FEDORKO A/K/A MARY E. FEDORKO THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. CIVIL 08-7260 : I PHS# 192986 PRAECIPE TO THE PROTHONOTARY: X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Date: September 30, 2009 P LAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ,.Wancis 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 PILED-OrF;CE OF THE MgTHINOTARY 2009 OCT -7 PM 1: 59 CUMw. ?UUfVTY PENNS'YLVANIA, ?S.oo Ord R4 e?+ SLa3sY ??- as rs4.1