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Home My WebLink About09-4280Phelan 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 kourtenay 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 209168 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM ?1'0 v. NO. 44 - VA) JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 209168 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 #: 209168 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: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1973, Page 2244. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 209168 6 7. 8. The following amounts are due on the mortgage: Principal Balance $147,856.09 Interest $3,547.83 02/01/2009 through 06/23/2009 (Per Diem $24.81) Attorney's Fees $1,325.00 Cumulative Late Charges $281.30 11/13/2006 to 06/23/2009 Property Inspections $45.00 Cost of Suit and Title Search 750.00 Subtotal $153,805.22 Escrow Credit ($1,799.50) Deficit $0.00 Subtotal ($1,799.50) TOTAL $152,005.72 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 209168 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,005.72, together with interest from 06/23/2009 at the rate of $24.81 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 l/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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire- ' Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 209168 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate In North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Parker Kaloa nail, in the centerline of Springfield Road (T-333) at commit corner of Lot No. 13 and fifty (50) feet wide private right of way as shown on Subdivision Plan for Jeungyen K. Van Scyoc filed July 15,1993 in Cumberland County Plan Book 66, Page 78; thence along the aforesaid private right of way. North thirty-nine (39) degrees nineteen (19) minutes forty-five (45) seconds West, twenty-five and no hundredths (25.00) feet to an iron pin on the right of way line of Springfield Road (T-333); thence continuing aloag said private right of way But by a curve to the right having a radius of twenty-five and no hundredths (25.00) feet, a chord hearing of North eighty-four (84) degrees sixteen (16) minutes forty-three (43) seconds West, an are distance of thirty-nine and twenty- three hundredths (39.23) feet to as iron pin; thence continuing along said private right of way, North thirty-nine (39) degrees nineteen (19) minutes forty-five (45) seconds West, live hundred seventy-five and four hundredths (575.00) feet to an iron pin; thence along Lot No. 20 on the aforesaid Subdivision Plan, North fifty (50) degrees forty (40) minutes fifteen (IS) seconds East one hundred fifty-one and thirty-one hundredths (15131) feet to an iron pin; thence along Lot No. 14 on the aforesaid Subdivision Plan, South forty-one (41) degrees thirty (30) minutes two (02) seconds East six hundred twenty-five and flay-one hundredths (625.51) feet to a Parker Kaloa will In the centerline of Springfield Road (T-M3 South fifty (50) degrees thirty-eight (38) minutes fifty-two (52) seconds West, one hundred test and sixty hundredths (110.60) feet to a Parker Kaloa nail; thence continuing over the centerline of the aforesaid public road South fifty (50) degrees forty-six (46) minutes fourteen (14) seconds West thirty-nine and forty-five hundredths (39.45) feet to a Parker Kalon nall, the point and place of Beghudug& BEING all of Lot No. 13 on subdivision plan for Jeangyen K. Van Scyoc, Mod July 15,1993, In Cumberland County Plan Book 66, Page 78. CONTAINING two and thirty-two hundredths (232) acres, more or less BEING THE SAME PREMISES which Keith J. MacMillan and Angela N. MacMlWan, his wife, by Deed dated August 29, 2003 and recorded September 17, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Record Book 259, Page 1633, granted and conveyed unto James S. Yeatter and Elizabeth A. Yeatter, his wife. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights of way of prior record. Parcel No.: 30-10-06164)60 PREMISES BEING: 158 SPRINGFIELD ROAD File #: 209168 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 unsworn falsifications to authorities. DATE: -A(Z? Attorney for Plaintiff File #: 209168 ?. t. f P?. Alf SG Cl? &l?i ??la Sheriffs Office of Cumberland County R Thomas Kline „tr urnbrrt, Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant Wells Fargo Bank, NA Case Number vs. James S. Yeatter 2009-4280 SHERIFF'S RETURN OF SERVICE 06/29/2009 05:10 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James S. Yeatter, by making known unto himself personally, defendant at 158 Springfield Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 June 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF De ut S eri ° 2 ?r Y ' ' i G 5,'? , ` 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 WELLS FARGO BANK, NA Plaintiff VS. JAMES S. YEATTER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. CIVIL-09-4280 : CUMBERLAND COUNTY PHS #: 209168 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. & Schmieg, LLP U 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 ? S etal R. Shah-Jani, Esq., Id. No. 81760 V nine R. Davey, Esq., Id. No. 87077 auren 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 Date: 7-24-09 PHS #: 209168 VERIFICATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ('S?? Name: Xee Moua DATE: A _ 74 - n 9 Title: Vice President of Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 209168 Yeatter 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. Nc. 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 WELLS FARGO BANK, NA Plaintiff VS. JAMES S. YEATTER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4280 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 Pl?lannapinan & Schmieg, LLP A orrikv or Wainti ff -?= Lj'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 ? S etal R. Shah-Jani, Esq., Id. No. 81760 nine 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 Date: 7-24-09 OF THE' 20 Cql Jt ! 2$.°? { Y Ih {'?i a?. cU D Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ?Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 WELLS FARGO BANK, NA VS. JAMES S. YEATTER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-094280 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 JAMES S. YEATTER 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 $152,005.72 Interest - 06/24/2009 to 08/07/2009 $1,116.45 TOTAL $153,122.17 I hereby certify that (1) the Defendant's last known address is 158 SPRINGFIELD ROAD. SHIPPENSBURG. PA 17257-9507, and (2) that notice has been given in accordance with Rule 237.1, copy attached. By: Lawr ce T. Phelan, Es , 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. 8 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: V' //- U 9 PHS # 209168 --? 62/"&1?V6W PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 WELLS FARGO BANK, NA VS. JAMES S. YEATTER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-4280 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 JAMES S. YEATTER is over 18 years of age and resides at 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ? wrence T. Phela? Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heee R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 : CIVIL DIVISION : No. CIVIL-09-4280 Notice is given that a Judgment in the above captioned matter has been entered against you on _C J??2ooy If you have any questions concerning _ T1L"`DT TTV By: this matter ease con By: La ce T. Phelan, Es 4., Id. No. 32227 Fran s 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 ** THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFOR LOTION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINS T PROPERTY. ** WELLS FARGO BANK, NA COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4280 JAMES S. YEATTER Defendant(s) TO: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 DATE OF NOTICE: July 21, 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 209168 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE Tq' PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIC Ft TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lawr ce T Phelan, q., Id. No. 32227 Fra is S. allinan, E ., Id. No. 62695 D iel G. Sc ie sq., 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 4oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 n A? PHS # 209168 AFY ^?? TF?E F cl_ 00 I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, NA Plaintiff, V. JAMES S. YEATTER Defendant(s). No. CIVIL-09-4280 TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/08/09 - 12/09/09 (per diem -$25.17) $153,122.17 $3,121.08 TOTAL Note: Please attach description of property. $1 ? La . Phelan Id. No. 32227 ? ancis . Hallinan , E , Id. No. 62695 aniel . Schmie sq., Id. No. 62205 ? Michele ford, 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 0,,Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 209168 c? z z w o Q 0 0° d a? wo a ' W O v A, w OC) it d1 LE CV Cc C-0 mot, i ?j o, cz:D 0 w o? r N r ti a as C) z N h W 00 r, rn V (. M M do CD .n CV N%0t?00(?.t+1N h zONN 10 %0 0 00 ° o 6z''Zc?o'0",C4 o?o ° o °Z o A v zzzbZ? o o °w °zz dzzb 9bb _ tzzz?z-d -d -6 p^ o.ddda? on aw W CA W -Cy 'u' W C- C' y 'C7 W C41 ed' d" `? ?i w ? ,c> t7 ?.." Iii I.n L Vl V no c v Cfs 3 wCa.-,mAa>A a.Q• ti ¢ CA ? ????????????m?? Ors,`..N b ( 4. 'p 0o 08 q `a V) I-i g° y co .9 v PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff, V. JAMES S. YEATTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4280 CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. falsification to authorities. to unsworn ? Lawr ce Phelan, Es)., Id. No. 32227 ? Fr is S. allinan, E , Id. No. 62695 ? Daniel G. SxkTi;?sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FILED--?4}=ICE OF THc mot cl rTARY 2049 AUG 25 Fri 2. 18 f EM,1_3 i WELLS FARGO BANK, NA Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS JAMES S. YEATTER CIVIL DIVISION NO. CIVIL-09-4280 Defendant(s). , AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK. NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 158 SPRINGFIELD ROAD SHIPPENSBURG PA 17257-9507. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. YEATTER Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 2. Name and address of Defendant(s) in the judgment: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citibank, N.A. 3900 Paradise Road, Suite 127, Las Vegas, NV 89109 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatioillo- uthorities. August 24. 2009 DATE ? L e e T. Phelan, sq., Id. No. 32227 ? ranci S. Hallinan sq., Id. No. 62695 Daniel . g, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 OF THE PP'S"_r-r -?;?r,?TA Y 2009 AUG 25 FM 2: 18 CUM:J VA? q WELLS FARGO BANK, NA Plaintiff, V. JAMES S. YEATTER CUMBERLAND COUNTY No. CIVIL-09-4280 Defendant(s). August 24, 2009 TO: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 "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 158 SPRINGFIELD ROAD SHIPPENSBURG PA 17257-9507 is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $153,122.17 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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-4280 WELLS FARGO BANK, NA vs. JAMES S. YEATTER owner(s) of property situate in the NORTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 158 SPRINGFIELD ROAD SHIPPENSBURG PA 17257-9507 Parcel No. 30-10-0616-060 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $153,122.17 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Parker Kalon nail, in the centerline of Springfield Road (T-333) at common corner of Lot No. 13 and fifty (50) feet wide private right-of-way as shown on Subdivision Plan for Jeungyen K. Van Scyoc filed July 15, 1993 in Cumberland County Plan Book 66, Page 78; thence along the aforesaid private right-of-way, North 39 degrees 19 minutes 45 seconds West, 25.00 feet to an iron pin on the right-of-way line of Springfield Road (T-333); thence continuing along said private right-of-way line by a curve to the right having a radius of 25.00 feet, a chord bearing of North 84 degrees 16 minutes 43 seconds West, an arc distance of 39.23 feet to an iron pin; thence continuing along said private right-of-way, North 39 degrees 19 minutes 45 seconds West, 575.00 feet to an iron pin; thence along Lot No. 20 on the aforesaid Subdivision Plan, North 50 degrees 40 minutes 15 seconds East 151.31 feet to an iron pin; thence along Lot No. 14 on the aforesaid Subdivision Plan, South 41 degrees 30 minutes 02 seconds East 625.51 feet to a Parker Kalon nail in the centerline of Springfield Road (T-333), South 50 degrees 38 minutes 52 seconds West 110.60 feet to a Parker Kalon nail; thence continuing over the centerline of the aforesaid public road, South 50 degrees 46 minutes 14 seconds West 39.45 feet to a Parker Kalon nail, the point and Place of BEGINNING. BEING all of Lot No. 13 on Subdivision Plan for Jeungyen K. Van Scyoc, filed July 15, 1993, in Cumberland County Plan Book 66, Page 78. CONTAINING two and thirty-two hundredths (2.32) acres, more or less. BEING IMPROVED with a single family dwelling TITLE TO SAID PREMISES IS VESTED IN James S. Yeatter, by Deed from James S. Yeatter and Elizabeth A. Yeatter, h/w, dated 11/14/2006, recorded 11/20/2006 in Book 277, Page 3210. PREMISES BEING: 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507 PARCEL NO. 30-10-0616-060, CONTROL #: 30000658 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4280 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 JAMES S. YEATTER (l) 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 $153,122.17 L.L. $.50 Interest from 8/8/09 - 12/9/09 (per diem - $25.17) -- $3,121.08 Atty's Comm % Due Prothy $2.00 Atty Paid $165.00 Other Costs Plaintiff Paid Date: 8/25/09 rtis R. Lon of on t (Seal) By: REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 Deputy AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, NA DEFENDANT(S) JAMES S. YEATTER SERVE JAMES S. YEATTER AT: 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 CUMBERLAND COUNTY No. CIVIL-094280 PHS #209168 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 9, 2009 SERVED Served and made known to 1-0 ES S _ ? ??TT t?2 ,, Defendant, on the day of ! +P u afl?', 200_2 _V I±1 P R Wj 13ya(r , Commonwealth at : 6 0 , o'clock ?_.m., at 15_S a/Z!/U G FI F_" f,0 #-?4 t, of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 7 Height Weight o Race Sex A4 Other I, IZJk/4't--0 `qQ LL a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc bed [t]MBERLY CLIRTY before me this day NOTARY PUBLIC of S?D%$MB 240 STATE OF NEW 3ER5EY' No L.J By; MY COMMISSION EXPIRES MARSH ?, 2013 PLEAS MPT ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: / / Time: god Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200_. Notary: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 OF THE PROWAOTARY 2009 OCT -7 PM 2= 01 ifm PENNSYLVANLA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 WELLS FARGO BANK, NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JAMES S. YEATTER Defendant No. CIVIL-09-4280 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, 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 June 25, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 11, 2009 in the amount of $153,122.17. A true and correct copy of the Civil Court Docket reflecting the praecipe to enter 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 December 9, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $147,856.09 Interest Through December 9, 2009 $7,765.90 Per Diem $24.81 Late Charges $281.30 Legal fees $1,325.00 Cost of Suit and Title $901.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($1,338.50) Escrow Deficit $0.00 TOTAL $156,836.29 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s 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 October 16, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Ih lo Phelan Hallinan & Schmieg, LLP By: Ail IWV6 ? La ence T. Phelan, E ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County JAMES S. YEATTER Defendant No. CIVIL-09-4280 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAMES S. YEATTER 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 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. 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 Saving and Loan Association v. Street Road Shopping enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee 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. Phelan Hallinan & Schmieg, LLP ft? DATE: By: Lawrence T. helan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 ?Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 209168 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JAMES S. YEATTER <.a % - N) -r m 1 nJ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e/ Yi I NO. 09- VAd CUMBERLAND COUNTY 158 SPRINGFIELD ROAD We hereby ce ft the SHIPPENSBURG, PA 17257-9507 *it In to be a true and correct copy of the Defendant orWal toed of iwor+d CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTOE RETURN File #: 209168 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 #. 209168 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: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1973, Page 2244. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 209168 6. The following amounts are due on the mortgage: Principal Balance $147,856.09 Interest $3,547.83 02/01/2009 through 06/23/2009 (Per Diem $24.81) Attorney's Fees $1,325.00 Cumulative Late Charges $281.30 11/13/2006 to 06/23/2009 Property Inspections $45.00 Cost of Suit and Title Search $750.00 Subtotal $153,805.22 Escrow Credit ($1,799.50) Deficit $0.00 Subtotal ($1,799.5Q) TOTAL $152,005.72 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 209168 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,005.72, together with interest from 06/23/2009 at the rate of $24.81 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 wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua L Goldman, Esquire Courtenay R. Dunn, Esquim-' Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 209168 LEGAL DESCRIPTION ALL THAT CERTAIN tract of hmd sitnate is North Ncwton Townd4Cosohniand County, Pennsylvania, more Particularly bounded and described as MOM, BEGIICflNG at a point, a Parker Kolon n#A is tho ceotaBne of Spftfleld Road (T•333) at common corner of Lot No. 13 and fifty (50) fed wide private right of way as shown on Plan for Jeangyen X. Van Scyoe Sled Jaly L4,1993 In Cnmborkad County Plan Hook 64 Page 78; thence along the aforesaid private right of way, North thirt 6W" (39) degrees nineteen (19) =hubs forty-fWe (45) seconds west, twenty-five and no hundredths (2SA0) feet to an iron pin or Me rW of way Hue of Springfield Road (T-333); thence condatdog sung said private right of way am by a curve to tiro right having a radius of twenty-five and no hundredths (35.0®) feet, a chord bearing of North elg W-1bnr (84) degrees sixteen (16) Minutes forty-throe (43) seconds coat, an are dldaw* of thi rtyadno and twenty- three hundredths (3923) feet to an iron pin; thence continuing Woug said private right of way, North thir"Ine (39) degree nineteen (19) ni ontse forty-five (45) seconds West, live hundred se.?e-flue and four bandrodths (57W fed to an from pin; ihnece ahaig Lei No. 20 on the aforressid Subdivision 1In4 North My (50) degrees forty (40) nbudes Mom (15) sew Bast one hundred bone and t6iety-one hundredths (13131) feet to an iron pin; thence along Lot No. 14 on the aforesaid $nb@Mdm Plan, South forty,one (41) degas thirty (30) mbnta two (03) seconds Zhu six hundred tweatrdre and MV-one hundredthe (625.51) feet to a Parker Kdon nail In the centerline of Spr6Riisld Road (VIM South Sfipy (50) degrees thirty-eight {38) miaartes Wy m (M seconds West, one hundred tea and Ady hundredths (110.60) feet to a Parker Kabn mid; thence eontlndsg over the eentnew of do aGsc wM public reed South filly (50) degrees forty.& (46) minutes fourteen (14) seconds Wed thirty-nine and fostrilve hundredths (39AS) fed to a parker Rain nail, the point and place of Begluuing. BEING all of Lot No. 13 on aabdivision plan for Jewsam K Van Scyoc, Med July 15, 1993, 1k Cumberland County Plan Book 66, Page 78. CONTAIIKING two and thirty-two hundredths (Z.32) acres, more or less. BEING THE SAM>L PREMOU which Kdth L MwMM= and Angela N. Mach MM4 his wife, by Decd dated August 29, 2003 sad recorded September 17, 2M in the Office of the Recorder of Deeds in acrd for Cumberland County, Pennsylvania, in Record Book 259, Page 1633, granted and conveyed note James S. Yeatter and Elisabeth A. Yeutter, his wife. UNDER AND SUBJECT, NEVERTHELESS, to all restrictlons, reservatlow6 conditions, covenants, easements and rights of way of prior record. Parcel No.: 30-10-0616.060 PREMISES BEING: 158 SPRINGFIELD ROAD File M 209168 VERIFICATION Xee Moua hereby states. that he/she is Vice President of Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: Xee Moua DATE: 6 - a - 9 Title: Vice President of Loan Documentation Company: WELLS FAItGO HOME MORTGAGE, INC. File #: 209168 Yeatter Exhibit "B" 11260810012009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2009-04280 WELLS FARGO BANK NA (vs) YEATTER JAMES S Reference No... Filed......... 6/25/2009 Case Type...... COMPLAINT - MORT FORE Time.......... 10:23 Judgment...... 153122.17 Execution Date 8/25/2009 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WELLS FARGO BANK NA PLAINTIFF DUNN COURTENAY R 3476 STATEVIEW BOULEVARD FORT MILL SC 29715 YEATTER JAMES S DEFENDANT 158 SPRINGFIELD ROAD SHIPPENSBURG PA 17257 9507 Judgment Index Amount Date Desc YEATTER JAMES S 153,122.17 8/25/2009 WRIT OF EXECUTION ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/25/2009 COMPLAINT - MORTGAGE FORECLOSURE FILED BY COURTENAY R DUNN ESQ FOR PLFF ------------------------------------------------------------------- 7/02/2009 158 SHERIFF'S SH PPENSBURG IN MORTGAGE FORECLOSURE UPON$4DEF6T AT SPRINGFIEELD ROAD COMPLAINT ------------------------------------------------------------------- 7/28/2009 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY LAUREN R TABAS ATTY FOR PLFF -----------------------------------------------------------,-------- 8/11/2009 IRNATHEPAMOUNTDEO $153122.17 BY JENINE FA LT JUDGMENT AND DEFAULT T DAVEY JUDGMENT ENTERED ------------------------------------------------------------- ----- 8/11/2009 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 8/11/2009 VERIFICATION OF NON-MILITARY SERVICE BY JENINE R DAVEY ESQ ------------------------------------------------------------------- 8/11/2009 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) BY JOSHUA I GOLDMAN ESQ ------------------------------------------------------------------- 8/25/2009 EXECUTION FOR WRIT - O$2.50 EXECUTION ON REAL PROPERTY AND WRIT OF ------------------------------------------------------------------- 8/25/2009 CERTIFICATION - BY JOSHUA I GOLDMAN ATTY FOR PLFF ------------------------------------------------------------------- 8/25/2009 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY JOSHUA I GOLDMAN ATTY FOR PLFF -------------------------------------------------------------------- 8/25/2009 NOTICE OF OWNERS RIGHTS - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*q*Bal** mts/Adj End Bal ******************************** ***** P ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 14.00 14.00 .00 WRIT OF EXEC 24.00 24.00 - --- .00 --------- -------------- 116.50 --------- 116.50 .00 ******************************************************************************** Exhibit "C" °o v 'n lon a? U 0 w a? W x U x a 6 b y zoo o ^V" ? G 4•y A ? Tpp? ' O l6 4 3000diZ W08:1 031{dW • / O N d C yGE 4 6002 9L1?0 99ZLLZV000 , vq? ao a e e 09z-ws • v? 7• AEU 53MO9 A3N1W 5 ? Bz '?Od 531 v ? f°j O O a c y U ? CAA O ,? C?t _ A wj C '0 'Q S w m E E y y v ? w Q N d N C ? p > O N N .. . V to U y O T G o a• Q ? og ? o „ o o , o ° oorn . p A A ? rn z .?go a '?a b ? U g O ? O H N ? a Z cccpq?? T N ? W v, W V d ?" a o . z! W ? a z F? z rl ~V 0 N v , E ?" .-- N M 1^ ?O t- oo O? .-+ N .M-i 5 v F a PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 RE: WELLS FARGO BANK, NA v. JAMES S. YEATTER Premises Address: 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. CIVIL-09-4280 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. j y truly yours, rence T. Phelan, E wire cis S. Hallinan, E uire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire f Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: (U I d-1 I U 7 By: "--'"'r ? a rence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 dMichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 WELLS FARGO BANK, NA Plaintiff V. JAMES S. YEATTER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-4280 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. JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 Phelan Hallinan & Schmieg, LLP DATE: By: V11 kwau V V ? La nce T. Phelan, Es &., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 [Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF OF THE PAOTHOW ARY 2009 OCT 23 AN II: 66 CUMBERLAND Wjay wY 9 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAMES S. YEATTER No. CIVIL-09-4280 Defendant RULE AND NOW, this ` day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the q day of C •'M TAce-'? 2009, at/O••YS in tire-Maim-- Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. r BY T ; OURT J. ?fL'ED-?: ?(?" QTARY 03 THE P, ,W 2009 OCT 28 ate 9, s® lD/aS?C - lot rrLaI L, ?n . 9,a&Qk WELLS FARGO BANK, NA VS. JAMES S. YEATTER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-094280 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stampedes the U.S. Postal Service is attached hereto Exhibit "A" DATE: y ijol Lawrence T. Phelan, Esq., Id' No 3-2227 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 Sh 1 R. Shah-Jani, Esq., Id. No. 81760 J nine R. Davey, Esq., Id. No. 87077 auren 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 WELLS FARGO BANK, NA V. JAMES S. YEATTER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4280 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. YEATTER 2. Name and address of Defendant(s) in the judgment: JAMES S. YEATTER Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) James C. Costopoulous 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Citibank, N.A. Address (if address cannot be reasonably ascertained, please indicate) 3900 Paradise Road, Suite 127, Las Vegas, NV 89109 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit a and correct to the best of my personal knowledge or information and belief. I understand that Is statements herei r?e subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo i L-Z DATE Lawrence T. Phelan, Esq., Id . 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 ? Shp6tal R. Shah-Jani, Esq., Id. No. 81760 ?? hirne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 d W 0 L6 4 3UO?alz V4011-4 GnIVY4 . oos?zvooo § 2; E)(,I%f vj? Zo G? ;0,z6-qZO_ oil-No 0 Ri p rZ C-1 N O v U '? N . CL o N 'cd d v ? t3a p, °- Cd x d :a x d U a WN+w.. ?o a?oc w cno N =a3 oow?x? Ng N O Q n? 03 `?? Oo c? d 04 p "0 a> N ZN4` Uw? ?? 00 aca 'v 00 t4 o 0, pr??Wv4? a-? W dry-w Z t? I . ? 's p a a d Q a Q N ,ice N ? ? (9 CO r ...N r N N! G `p N N % 4 Cc w C C O O N E?p t6 .?c aar°?' mEu,p`" o 'G O ?o C mv?$$ m'??NE N N N q i 0 ? L N ? $w~ et'orn N T EN c?'O u ?? cN o. E v Q o'? ?oawEm o° of N CEO O „C- ? ifl N N D O H N NO??S p 7 l0 O z CN .0 d N N = ` y O O t] C G1 N a O E 7 :: d py o ? _, a w 3 d z? io a o a N ,r„ r p r r co om J Z N i6 ? ra r _ c c U Z Q NJN lJ. W m C) ?Y 3 a J O ? "Q LU U) 2 ? U a (n o .6 =3 K r Q O Z ` r N QUa = c s c gam Ul 4) o=.. 0 a V L G W m ,w Z sfli[ ? Q C h m E LL v c c '- £0 L6 L MOadlZ WONA a3llVW c E d O 0 60oz LZIDO 99ZLL N Z0 W` o9Z 30 $ aE E a? orn y ?p s3nnos xanua ® G - _ t ? a; ?° C Oj CL° s'aga' E c o`o 8 o _ E p rn??g E ?mEw_ l0 ? d N O p?~?N C d C d,V C O ? R C d t0 N 61 U E ? ? fn E?OOE? a d o E m c E E c O N ?crF-- . Eoo` ?c E' 'A O S o a? V L E $ H w D e 10 @ a c? W m R vm o o cc c O N N 0 0 N l6 SEc p t TL= o. N N C Q m ? o LU V E O w y a A I eC0 0 o E a+ y CL W ! CO) J 41 rn O O x Y 1 C ` C ? V ?+ y v, v, .., tE a O i Q Uod 00 Em s E V L Z3 Z ?`??°U 1 m .a E m ?W w ? :° ' - i Q ?' N Y3 E.9 1 ? Z J ?- N co V I LO (O I? 00 r ? s ? V. ° G . WELLS FARGO BANK, NA Plaintiff, V. JAMES S. YEATTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4280 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 158 SPRINGFIELD ROAD, SIHPPENSBURG, PA 17257-9507. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. YEATTER Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 2. Name and address of Defendant(s) in the judgment: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) James C. Costopoulous 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citibank, N.A. 3900 Paradise Road, Suite 127, Las Vegas, NV 89109 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None ! LFLI-Ur ?F r, , FY 2939 N'OV 10 F 12: t ;a ? v? -i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAMES S. YEATTER No. CIVIL-09-4280 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 28, 2009 Rule was served upon the following individuals on the date indicated below. JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 Phelan Hallinan & Schmieg, LLP DATE: I By: fl-- ? Lawrence T. Phelan, Esq., Id. No. 322 7 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. JAMES S. YEATTER Defendant CUMBERLAND County No. CIVIL-09-4280 RULE AND NOW, this day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the day of 2009, at/O.-Y.5' n •ti"e-ltttin- Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T OURT J. ?. Coley ?-ROM RECORU In l evtoffwy what", I Mire unto Sd M1 f a said CarU*, Aftu FILED-OrFICE ff THE MCTH0"F0TARY 2009 NOV 2O PM ! *. 08 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. James S. Yeatter SHERIFF'S RETURN OF SERVICE Case Number 2009-4280 09/25/2009 03:32 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1531 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 James S. Yeatter, located at 158 Springfield Road, Shippensburg, Cumberland County, Pennsylvania according to law. 09/25/2009 03:32 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1531 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James S. Yeatter, by making known unto, James S. Yeatter, personally, at 158 Springfield Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 11/10/2009 Property sale postponed to 2/3/2010. 02/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 780.91 SHERIFF COST: $780.91 February 17, 2010 Fl ~:,,~~1j, CF ?HE Pl~TFfApY ;~~` ~~,3 za ~ a nay -2 ~n Iz= ~ ~ PF~i~S`R:dA{~tIA SO AI~~WERS ,.;~~ , ~• ,x;" f r ~ d ,~ ~ -~« ~R~INY R ANDERSON, SHERIFF d e e~C c~ ~ ~. ~ ~ LC. 4 ~~~~ ~ ~~ ` WELL'S FARGO BANK, NA . CUMBERLAND COUNTY Plaintiff, . v. COURT OF COMMON PLEAS JAMES S. YEATTER CIVIL DIVISION NO. CIVIL-09-4280 Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 2. Name and address of Defendant(s) in the judgment: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citibank, N.A. 3900 Paradise Road, Suite 127, Las Vegas, NV 89109 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None ~ 7. Name and addfess of every other person of whom the plaintiff has knowledge who has any interest in the property which ~ may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio~I~~uthoxi~ies. August 24, 2009 DATE ^ L re e T. Phelan, sq., Id. No. 32227 ^ rand S. Hallinan sq., Id. No. 62695 Daniel g, 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., [d. 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 Pf Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA.19103 (215) 563-7000 _ ~ WELL'S FARGO BANK, NA Plaintiff, v. JAMES S. YEATTER CUMBERLAND COUNTY No. CIVIL-09-4280 Defendant(s). ,~- TO: JAMES S. YEATTER 158 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257-9507 August 24, 2009 * *THIS FIRMIS 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of X153,122.17 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. Tn 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. I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Parker Kalon nail, in the centerline of Springfield Road (T-333) at common corner of Lot No. 13 and fifty (50) feet wide private right-of--way as shown on Subdivision Plan for Jeungyen K. Van Scyoc filed July 15, 1993 in Cumberland County Plan Book 66, Page 78; thence along the aforesaid private right-of--way, North 39 degrees 19 minutes 45 seconds West, 25.00 feet to an iron pin on the right-of--way line of Springfield Road (T-333); thence continuing along said private right-of--way line by a curve to the right having a radius of 25.00 feet, a chord bearing of North 84 degrees 16 minutes 43 seconds West, an arc distance of 39.23 feet to an iron pin; thence continuing along said private right-of--way, North 39 degrees 19 minutes 45 seconds West, 575.00 feet to an iron pin; thence along Lot No. 20 on the aforesaid Subdivision Plan, North 50 degrees 40 minutes 15 seconds East 151.31 feet to an iron pin; thence along Lot No. 14 on the aforesaid Subdivision Plan, South 41 degrees 30 minutes 02 seconds East 625.51 feet to a Parker Kalon nail in the centerline of Springfield Road (T-333), South 50 degrees 38 minutes 52 seconds West 110.60 feet to a Parker Kalon nail; thence continuing over the centerline of the aforesaid public road, South 50 degrees 46 minutes 14 seconds West 39.45 feet to a Parker Kalon nail, the point and Place of BEGINNING. BEING all of Lot No. 13 on Subdivision Plan for Jeungyen K. Van Scyoc, filed July 15, 1993, in Cumberland County Plan Book 66, Page 78. CONTAINING two and thirty-two hundredths (2.32) acres, more or less. BEING IMPROVED with a single family dwelling TITLE TO SAID PREMISES IS VESTED IN James S. Yeatter, by Deed from James S. Yeatter and Elizabeth A. Yeatter, h/w, dated 11/14/2006, recorded 11/20/2006 in Book 277, Page 3210. PREMISES BEING: 158 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257-9507 PARCEL NO. 30-10-0616-060, CONTROL #: 30000658 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4280 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA, Plaintiff (s) From JAMES S. YEATTER (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 $153,122.17 L.L. $.50 Interest from 8/8/09 - 12/9/09 (per diem - $25.17) -- $3,121.08 Atty's Comm % Due Prothy $2.00 Atty Paid $165.00 Other Costs Plaintiff Paid Date: 8/25/09 (Seal) 1 ~L~, C rtis R. LongfPfot oriot By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 8, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as, 158 Springfield Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~. Date: September 8, 2009 By: cc.., ~,- Real Estate Coordinator ~~ ~~~ ~~ ~. f/t.^~ K,. >.. ,~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, October 23, 2009, October 30, 2009 and Viz November 6, 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. Writ No. 2009-4280 Civil Wells Fazgo Bank, NA vs. James S. Yeatter Atty: Daniel Schmieg By virtue of a Writ of Execution No. CIVIL-09-4280, WELLS FARGO BANK, NA vs. JAMES S. YEATTER owner of property situate in the NORTH NEWTON TOWNSHIP, Cum- berland County, Pennsylvania, being 158 SPRINGFIELD ROAD. SHIP- PENSBURG, PA 17257-9507. Parcel No. 30-10-0616-060. Improvements thereon: RESIDEN- TIAL DWELLING. i Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 '~ Notary NGTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 he Patriot-News Co. 812 "Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~fle ~latriot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 1lyrlt No. 200-4280 Clvtl Tsrm wills Fargo ~k, NA 11 /06/09 Vs Jams S. Yiattsr Atty: Denlsl Schmisg ..... (~'~,e'd/. [~..--.. ~.)C-Fi~~: ~ ..... . By virtue of a Writ of Execudon No. CIVIi.,-09- 4280 . i" WELISFARGOBANK,NA Sworn to an~ubscribed befor ` me his 1 Sl~i of November, 2009 A. D. ~5. 7Aiv1ES S. YEATfER owner(s). of property situate in the NORTH ~s' ~' ~ NEWTON" TOWNSHI!? Cumberland County, ~ i i!.~'`-~ ~ ~~'' ~ ~i . ~ ~~::- ~ "---~-~ Pennsylvazna,berng - Notary PUbIIC `~` (Municipality) " , ISB SPRINOFIELD:ROAD. SHIPi~ISBtJRG, PA 17257-95Et7parcel No.3alQ-0616.060. COMMONWEALTH OF PENNSYLVANIA (Acreage of streeEaddress)' Improvements thereon: RESIDENTIAL Notarial Seal DWELLIIVG . , Sherrie L. Kdsner, Notary Public City Of Harrisburg, Dauphin County MY Commission ~~ires Nov. 26, 2011 Member, Pennay;vania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 3RD day of FEB A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4280, at the suit of WELLS FARGO BANK NA against JAMES S YEATTER is duly recorded as Instrument Number 201005276. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ _"-'cy day of A.D. C~ l p of Deeds ~eoor~der of i)esdA, Ltienber~nd Couthr, ~ My commission Fx~es tl~ Fist f of,Isn.20t4