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Home My WebLink About09-8377Phelan 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 ,,,,?Cndrew 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, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF 222955 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 TERM //?? NO. (A- 83ff l O.1vi ( I erm CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 222955 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 222955 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/28/2006 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. 1957, Page 0967. 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 07/01/2009 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 #: 222955 6. The following amounts are due on the mortgage: Principal Balance $155,045.83 Interest $5,278.05 06/01/2009 through 12/02/2009 (Per Diem $28.53) Attorney's Fees $1,300.00 Cumulative Late Charges $236.38 06/28/2006 to 12/02/2009 Property Inspections $61.25 Mortgage Insurance Premium / $126.46 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $162,597.97 Escrow Credit $0.00 Deficit $518.86 Subtotal $518.86 TOTAL $163,116.83 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 222955 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $163,116.83, together with interest from 12/02/2009 at the rate of $28.53 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 & By: 6 T. Phelan, Esq. c S. Hallinan, Id. No. H DanidkD S%- ieg, Esq., Id. Np!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 ? P . 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 File #: 222955 I. LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 144 and 145, on the hereinafter mentioned Plan of Lots; thence along the southern line of Concord Road, North 84 degrees 38 minutes East, 100.00 feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146, South 05 degrees 22 minutes East, 125.00 feet to a point in the line of land now or late of Hoy; thence along the line of said last mentioned land, South 84 degrees 38 minutes West, 100.00 feet to a point in the division line between Lots Nos. 144 and 145 on said Plan, aforementioned; Thence along the division line between Lots Nos. 144 and 145, North 05 degrees 22 minutes West, 125.00 feet to a point in the southern line of Concord Road, aforementioned, at the point and place of BEGINNING. BEING Lot No. 145 on Plan No. 4 of Bunker Hills, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 134. HAVING THEREON ERECTED a dwelling house known and numbered as 1323 Concord Road, formerly known as 4376 Concord Road, Mechanicsburg, Pennsylvania. PARCEL NO: 10-16-1064-052 PROPERTY ADDRESS: 1323 CONCORD ROAD File 4: 222955 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. r` Attorney for P mti DATE: d v File #: 222955 0 FUI T? J-L, Ec 1 5 4.18.50 Pp K" CO 213 37 5 0 a 34So7 ~Y ~~ ~ zoto ' ~ y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff ~, Civil Division BECKY YINGLING Defendant CUMBERLAND County ORDER No. 09-8377 CIVIL TERM ~~~ y , 2010, u on consideration of Plaintiff's AND NOW, this ~ da of Mp,~ p Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $155,045.83 Interest Through June 2, 2010 $10,357.20 Per Diem $28.53 Late Charges $236.38 Legal fees $1,300.00 Cost of Suit and Title $1,091.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $62.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $505.84 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($63.23) Escrow Deficit $202.71 TOTAL $168,738.73 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: 1'he above figure is not a payoff quote. Sheriffs commission is not included in the above figure. i-II ~ r"i ; p. ~1 ~ ,. ~~~' ~O7 L F.C /Y1,:i 17'F ' A , ~ ~,~ s/i ~/~v ~ v~ BY THE COURT .1. 222955 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-i_IFr 1L'rl' Sheriff 0I' TH? RRL I ; s rA•a€?Ty yrr??' { ?urtbrrftr ?, ?tttJ [A Jody S Smith ( ! 3: Chief Deputy CUMBERCANJ COUNTY Richard W Stewart Solicitor OFFICE of T-- `-`RIFE RENh SYL'!A? If Wells Fargo Bank, NA Case Number vs. 2009-8377 Becky A. Yingling SHERIFF'S RETURN OF SERVICE 04/0512010 07:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1920 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 Becky A. Yingling, located at 1323 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/08/2010 05:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 2010 hours, she 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: Becky A. Yingling, by making known unto, Brittany Sallese, adult in charge, at, 1323 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed to 1016/2010. 10/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 10/5/10 SHERIFF COST: $766.07 SO ANSWERS, ' October 12, 2010 RON R ANDERSON, SHERIFF ? ?C?0 boo(. t!'o (q CountySuite Sheoff, Teieosott. Inc. WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff ' CIVIL DIVISION V. NO. 09-8377 CIVIL TERM BECKY YINGLING Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 4 5 BECKY YINGLING Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 Address (if address cannot be reasonably ascertained, please so indicate) 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address Of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Bunker Hills Homeowners Association 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 7104 Mechanicsburg, PA 17050-7104 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. February 8, 2010 By: ILY 4M444 *? Atto Plain ff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F cis 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 r WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. : NO. 09-8377 CIVIL TERM BECKY YINGLING : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY " Your house (real estate) at 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $164,685.98 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may-call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-8377 CIVIL TERM WELLS FARGO BANK, N.A. VS. BECKY YINGLING owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 Parcel No. 10-16-1064-052. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $164,685.98 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 144 and 145, on the hereinafter mentioned Plan of Lots; thence along the southern line of Concord Road, North 84 degrees 38 minutes East, 100.00 feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146, South 05 degrees 22 minutes East, 125.00 feet to a point in the line of land now or late of Hoy; thence along the line of said last mentioned land, South 84 degrees 38 minutes West, 100.00 feet to a point in the division line between Lots Nos. 144 and 145 on said Plan, aforementioned; thence along the division line between Lots Nos. 144 and 145, North 05 degrees 22 minutes West, 125.00 feet to a point in the southern line of Concord Road, aforementioned, at the point and place of BEGINNING. BEING Lot No. 145 on Plan No. 4 of Bunker Hills, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 134. HAVING THEREON ERECTED a dwelling house known and numbered as 1323 Concord Road, formerly known as 4376 Concord Road, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Becky Yingling, adult individual, by Deed from Raymond E. Hilton and Tracy L. Hilton, h/w, dated 06/28/2006, recorded 07/05/2006 in Book 275, Page 2293. PREMISES BEING: 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 PARCEL NO. 10-16-1064-052. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8377 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N A, Plaintiff (s) From BECKY YINGLING (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 $164,685.98 L.L. $.50 Interest from 1/27/10 to Date of Sale ($27.45 per diem) -- $3,486.15 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Other Costs Plaintiff Paid Date: 2/12/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in '. ?41ampden Township, Cumberland County, PA, Ut-_ ? L WM mown and numbered as, 1323 Concord Road, Mechanicsburg, Wore fully described on Exhibit "A" filed with this U-j Nnt and by this reference incorporated herein. N Date: March 22, 2010 Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 9009-8377 Ctwa Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 vs. Becky A. Yingling Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8377 CIVIL, WELLS FARGO BANK, N.A. vs. BECKY YINGLING, owner of property situate in the TOWNSHIP OF HAMPDEN, Cum- berland County, Pennsylvania, being 1323 CONCORD ROAD, MECHAN- ICSBURG, PA 17050-1957. Parcel No. 10-16-1064-052. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $164,685- .98. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 0 dg !y Aril 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 20, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patti* ot 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2009-9377 Civil Term 04116/10 . Wells Fargo Bank, NA 04/23110 P..; Trustee for ABFC 2006-OPT3 / Trust, 04/30110 AdFC Asset-Backed Certificates, / Series 2006-OPT3 G . ! G'L...,.... ........ ./ ... . vs. / Becky A. Yingling Atty: Daniel Schmieg ,worn to an suj 'scribed before me`this.t8 dayof, May, 2010 A D. By virtue of a Writ of Execution' NO. 09-8377 ° CIVIL TERM WELLS FARGO BANK, N.A r i i ! f 1 ?_ _1_ vs. Notary Public BECKY YINGLING owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 COMMONWEALTH OF PENNSYLVANIA Parcel No. 10-16-1064-052. Notarlai- ?._...._? (Acreage or street address) Sherrie L. KJRwr Not , Improvements thereon: RESIDENTIAL Lower Paxton ary Public DWELLING JUDGMENT AMOUNT: MY CommisslonTWP , Dauphin County £xlllres Nov, 26., 2011 $164,685.98 Member, Pennsyfvanla A?sociatton of Notaries WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8377 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK Plaintiff (s) From BECKY YINGLING (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 $168,738.73 L.L. Interest from 6/3/2010 to Date of Sale ($27.74 per diem) - - $12,815.88 Atty's Comm % Due Prothy $2.00 Atty Paid $943.57 Other Costs Plaintiff Paid Date: 03/21/2011 _ David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff v BECKY YINGLING Defendant(s) CIVIL DIVISION NO.: 09-8377 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/03/2010 to Date of Sale ($27.74 per diem) TOTAL (3) QM+ ta4, oo W all 37.00 CPF 1 1A la . 01 b I i T. SO 4• tD !6943.57 Pa a Note: Please attach description of property. PHS # 222955 -0, -._ $168,738.73 $12,815.88 `?-- -' C-) t >: G C ?A 554.61 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 jej-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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? a afl t??e Co. b-7o:5>yl tai &? CAE U?a d 1-1 _1 ?? C"7 r b ? ?, rn ? o .n co A a a Z? C7O?n 3 ?Oz N U M 4 O > 0 a ? az z Oa ? w o OV ?w a ? v w w 4u 3 as a O N h M O?10 ice cn'o 'co, MN ? ZNN Ocs O O p OZ?ZF ? (6, ? OzMM abb --Z;2 Zz z bW? c -Zb ??i° ~ ~ d^ ? .b .ti vim' yc b I .. •b TW 19 -V 1 45 <KLJ ?0ODD000UUDOOD? LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 144 and 145, on the hereinafter mentioned Plan of Lots; thence along the southern line of Concord Road, North 84 degrees 38 minutes East, 100.00 feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146, South 05 degrees 22 minutes East, 125.00 feet to a point in the line of land now or late of Hoy; thence along the line of said last mentioned land, South 84 degrees 38 minutes West, 100.00 feet to a point in the division line between Lots Nos. 144 and 145 on said Plan, aforementioned; thence along the division line between Lots Nos. 144 and 145, North 05 degrees 22 minutes West, 125.00 feet to a point in the southern line of Concord Road, aforementioned, at the point and place of BEGINNING. BEING Lot No. 145 on Plan No. 4 of Bunker Hills, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 134. HAVING THEREON ERECTED a dwelling house known and numbered as 1323 Concord Road, formerly known as 4376 Concord Road, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Becky Yingling, adult individual, by Deed from Raymond E. Hilton and Tracy L. Hilton, h/w, dated 06/28/2006, recorded 07/05/2006 in Book 275, Page 2293. PREMISES BEING: 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 PARCEL NO. 10-16-1064-052. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. BECKY YINGLING Defendant(s) . s I -s ?F-aIi;r 'ROTH lNOTAR` 2011 NAP 21 AN 9: 4 I CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 09-8377 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relati sworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr is S. Hallinan, Esq., Id. No. 62695 el 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 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 ] Allison F. Wells, Esq., Id. No. 309519 ] William E. Miller, Esq., Id. No. 308951 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff ' `; j 'r DIVISION 8ro?ar?t 103 3 MAR 21 AM 4 3 NO.: 09-8377 CIVIL TERM BECKY YINGLING ; Defendant(s) PCPSYL°v N COUNTY A CUMBERLAND COUNTY PHS # 222955 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BECKY YINGLING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Bunker Hills Homeowners Association Bunker Hills Homeowners Association P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 7104 Mechanicsburg, PA 17050-7104 1330 Concord Road Mechanicsburg, PA 17050-1990 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 subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: By: \ C9-?' Attorne for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? FJ cis S. Hallinan, Esq., Id. No. 62695 O'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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 WELLS FARGO BANK, N.A. r j ,- F ?" I G # . twOTHONOTk,';' L0 1HAR21 AM 9:41 (1URKRLAND COUNTY PENNSYLVANIA BECKY YINGLING : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 09-8377 CIVIL TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 is scheduled to be sold at the Sheriff's Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,738.73 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. .y 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 144 and 145, on the hereinafter mentioned Plan of Lots; thence along the southern line of Concord Road, North 84 degrees 38 minutes East, 100.00 feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146, South 05 degrees 22 minutes East, 125.00 feet to a point in the line of land now or late of Hoy; thence along the line of said last mentioned land, South 84 degrees 38 minutes West, 100.00 feet to a point in the division line between Lots Nos. 144 and 145 on said Plan, aforementioned; thence along the division line between Lots Nos. 144 and 145, North 05 degrees 22 minutes West, 125.00 feet to a point in the southern line of Concord Road, aforementioned, at the point and place of BEGINNING. BEING Lot No. 145 on Plan No. 4 of Bunker Hills, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 134. HAVING THEREON ERECTED a dwelling house known and numbered as 1323 Concord Road, formerly known as 4376 Concord Road, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Becky Yingling, adult individual, by Deed from Raymond E. Hilton and Tracy L. Hilton, h/w, dated 06/28/2006, recorded 07/05/2006 in Book 275, Page 2293. PREMISES BEING: 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 PARCEL NO. 10-16-1064-052. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-8377 CIVIL TERM WELLS FARGO BANK, N.A. VS. BECKY YINGLING owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957 Parcel No. 10-16-1064-052. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,738.73 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 FILED-OFFICE w' THE PROTHONOTARY 2011 JUN 22 AM 10: 13 CUMBERLAND C LINTY PENNSYLVAt?1A Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. BECKY YINGLING Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-8377 CIVIL TERM 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 December 4, 2009. 2. Judgment was entered on January 27, 2010 in the amount of $164,685.98. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 14, 2010, amending the judgment amount to $168,738.73. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 222955 4. 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. The Property is listed for Sheriffs Sale on September 7, 2011. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $153,996.39 Interest Through September 7, 2011 $18,042.53 Per Diem $27.95 Late Charges $236.38 Legal fees $1,300.00 Cost of Suit and Title $1,330.50 Sheriffs Sale Costs $766.07 Property Inspections/ Property Preservation $228.75 Mortgage Insurance Premium/ Private Mortgage Insurance $812.09 Escrow Deficit $3,139.99 TOTAL $179,852.70 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 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 June 21, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and 222955 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. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L.Ebert, Jr. entered an order for Motion to Make Rule Absolute dated May 14, 2010. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? W' liam E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 222955 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County BECKY YINGLING ; No.: 09-8377 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE BECKY YINGLING 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 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957. 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. 222955 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. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971)., that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 222955 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. 222955 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 222955 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 222955 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 222955 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 222955 IV. 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. 222955 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP D? II ATE: (. 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? iam E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff 222955 Exhibit "A" 222955 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., Td. No. 94620 Joshua 1. Goldman, Esq., Id. N&, 0MP47 Courtenay R. Dunn, Esq., Id. No.-206W9. Andrew C. Bramblett, Esq., Id. No. 2037S--'- 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?u 215-563-7000 WELLS FARGO BANK, N.A. vs. BECKY YINGLING Attorney for Plaintiff N C. G? J CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-8377 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BECKY YINGLING, 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 $163,116.83 Interest -12/03/2009 to 01/26/2010 $1,569.15 TOTAL $164,685.98 I hereby certify that (I) the Defendant's last known address is 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 and (2) that notice k-- been given in accordance with Rule 237. 1, copy attached. La encd T. Phelan, Esquire F cis S. Hallinan, Esquire D 'el G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: //a PHS # 222955 PROTHONOTARY Exhibit "B" 222955 MAY 4 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. BECKY YINGLING Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 09-8377 CIVIL TERM ,,JJ'' ORDER AND NOW, this /94 day of Mlj,?f 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $155,045.83 Interest Through June 2, 2010 $10,357.20 Per Diem $28.53 Late Charges $236.38 Legal fees $1,300.00 Cost of Suit and Title $1,091.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $62.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $505.84 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($63.23) Escrow Deficit $202.71 TOTAL $168,738.73 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 222955 Exhibit "C" 222955 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 June 15, 2011 BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 RE: WELLS FARGO BANK, N.A. v. BECKY YINGLING Premises Address: 1323 CONCORD ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-8377 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trul ours, g t15 YI wr ce e . 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 222955 Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Willi E. Miller, Esquire issa J. Scheiner, Esquire 222955 ,r 0 0 a? wo U ? .n o0 1 z ?M ¢ Q ? x U c gab o?.,0a 'fl L C ? CQ r?j? O CC 'O ?«- zAt o T U ^ a oo A ? £ 0 l.6 l 3000dlZ IN08:1 Q311VVY E ° E L LOZ S l Nnr 9sZ2.c Zb000 ? ° = E • 0 o9z I?0 $ wl 10 0 °" =o r = U U N w4ii O ' Nsoa y a I E ? E?w'° I 7I U O O U ? U L v ? R 3 E A = U bA R-EA E m ? „ E E t= Eb U LL] .k ° of c E4 E ?c o 0 'D ,nF? ern ?y U N U U 69 ? n D U e y WU ? ? ? U R O r I Q O T C Q B r = E ?o E ? Q ? o °o 7 0 o o 0 c w EN o ? o ? ? o ? E ^ •fl G O d d F o 0 rA v? 0 i. z Fs ??x ? Q c, w = . ? V =r O ? Q cc a A L ^p CC °' a ,.+ O a ? N M a> h ? z ?a a U U Z N ? Q 4-4 O O 0 y0. U z kn z ? N N U N con p m a, E :? 3 .--1 z --a ?--? N M 7 Vl \p l? 00 O? O N M v'i ? Fp- a, V) tn N N N Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. BECKY YINGLING CUMBERLAND County Defendant No.: 09-8377 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 DATE: C I By: Phelan Hallinan & 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 222955 ? 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 iam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 222955 WELLS FARGO BANK, N.A., PLAINTIFF V. BECKY YINGLING, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8377 CIVIL ORDER OF COURT AND NOW, this 23?dday of June, 2011, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 13, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. ? Melissa Scheiner, Esquir e Attorney for Plaintiff C= an Becky Yin lin g g Defendant cnr" rv -< CO , bas Cop; es mo .1 ed 6/80// / 57 C-7 W '= F HE PROTHONOTAR, y 2011 JUL 18 AM 9: 11 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County BECKY YINGLING Defendant No.: 09-8377 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 22, 2011. 2. 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 June 15, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about June 23, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be 222955 granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 13, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Mallil & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 illiam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 222955 Exhibit "A" 222955 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 June 15, 2011 BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 RE: WELLS FARGO BANK, N.A. v. BECKY YINGLING Premises Address: 1323 CONCORD ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-8377 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. VerJ ours, LiwPhelan, Esquire q 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 Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Willi E. Miller, Esquire issa J. Scheiner, Esquire 777?SS E °o .-a W o Y x? U ? d v'.o « C xU.=' z? aa? a0 C ? i zac FF ? 1. Y ' v r ? e c 3 1v' c r o o c r? c - w . OJ ? fq -- a r c k A ' E ? u b ? m r u a ti u ? 4?.. 1yp,. G p c00 a -- a ?11 E -- O C ? ,G .or E°' r? v ? V ' ? x A ?y/ . Yi1 t d N ? A E '+1 ? C y0 V O. P Q u p o ? o 0 o '" S ue Z s . ? Q U ? O A o a Q, q w ? A U g a .I Z aw ' o sL, U V? N M M G? m z a 'C ? Q z ? o w 0 c0 {? o d z ? Ha '•z N U N y ? x am 1n In N N N W Exhibit "B" 222955 WELLS FARGO BANK, N.A., PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY YINGLING, DEFENDANT NO. 09-8377 CIVIL ORDER OF COURT AND NOW, this 23rd day of June, 2011, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 13, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Melissa Scheiner, Esquire Attorney for Plaintiff Becky Yingling Defendant bas Copj eS Nta• ed G/aJ/I oL M. L. Ebert, Jr., J. N x, N C)C: a c w q Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County BECKY YINGLING Defendant No.: 09-8377 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. BECKY YINGLING 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 222955 (he alli n & Schmieg, LLP DATE: By: nLawrence T. Ph "L4. Esa.. 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 222955 Z rn co cn ? rv ? O Q Q , 'r9 v D: M ?•, _ ci IN THE COURT OF COMMON PLEAS c t ? y ^'Y CUMBERLAND COUNTY, PENNSYLVANIA , WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County BECKY YINGLING No.: 09-8377 CIVIL TER M Defendant ORDER AND NOW, this ?.® day of 1J\1 , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess' Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 7, 2011 Per Diem $27.95 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $153,996.39 $18,042.53 $236.38 $1,300.00 $1,330.50 $766.07 $228.75 $812.09 $3,139.99 $179,852.70 222955 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: h -? ? \ J. ??cs $eck.y Yinnll a 222955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. BECKY YINGLING Defendant(s) CUMBERLAND COUNTUrn z;" r- COURT OF COMMON PAS r .c o CIVIL DIVISION' o ?C-- No.: 09-8377 CIVIL TERM -? AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: c? cn r°r°t -v -1:3• d C:) C) 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 ggjarn- Receipt stamped by the U.S. Postal Service is attached hereto EE}t'1 Allison F. IVdlls, Esq., Id. No.309519 Attorney m i Date: ??Itltaz/z I - IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. rn ? C) , -4 c CD c :> 2> PHS # 222955 EXHIBIT "A" ?d h+ f+ ?+ ?+ ?.. V1 A W N h+ O ?C OO ?l O? th d N ? O O n m C+7 o z ro N O MjY o b I??] S. m w° n n n n M H t? a w ro z.?bo? x y a a ,,, 0 5 w U _N N r. O. a ?'b D 3 aq w U? ? 0 N• o +. N %i pR ood y ? O ff 7 D O C C ? n ? O n n H w C n v. 3 b7 QS E N d d S B O 7 ? W ? A O B C O Cf d V e y O yyEl rt ? y X d ?. n?g3 n' c?i n xin9 n c H ? y d? -o r 0 er A W N ,.. C ? p , ? Q m N W ? n A' ?A?H ?wH A nona O a?Na z ?o-- C7?Cl7 S' f ! ?? ?O.Om m Jd `?' ? CD ?!; ?.C 0, xn?? CL CA -- C? ? ???'? ?C7?7t?R? o o Ru y 4, CL C A S, n^ fJ O ra a d ?Onn a [- o b O o W O A fD a a 06 e q N O a yry L-l zl '' 1 m p? a? ?11)?Psis P ` Z 7 pfiNEY BOWES N • 02 1M $ 01.68° 0004277256 AUG01 2011 ' • MAILED FROM ZIP CODE 1910.3 a W 0 N r O O? O £ O L B L 3400 dIZ WOU=1 a3lltlW LLOZ LZ2jV" 99ZLLZb000 53M09 OWN Wmwmu? C ?'?SOdS?dy5 g ?., IN F W) V R IC QI ^? ? L w OQ p.o .ap ke) .ham a? ? ro ; ?o Q? y c y ? V] w E'" a w i G ice, ai °? O Ra O v ? ?QaU y44 aw ° of4 ° 3 c o ?a v o d s.M v. a, r °N p..a ,•,n o a? q3 , y p° w ?n d •v Q o ?MUOV ?b ? 'na cg cc' C E a W aPr O a ?'??;;a v L yb i o z Gu ?xa 3 aoiN ?a aa•? a ° =?,Q- o? x? ?? ? p?•- ?,? a? ? o_ oQC a o =cam x u w p U 0 .a O .??. i s ?. L 3 s, O a G? O d o RWNW o riZ a o =.O ca ::ov?vi o0o a noA a^-Oa+ZF? "AU?UUAA;x?-°..°ii,??fz,Nx U ? d z¢o a~ N M 00 ImI°I-I?I"I.'I? V C ? h Ro ?? 0 Vy2 B a ? ? uw o ?0?:5 a- T ? 0 w 9 d V ?O e ? 7 ?pp oOO •O O O V C OD O p 'L ? G N R-E w w ON N F w°O -c F Cz a en O G O W aw Aq s ? yU w° ae ?7 a u k a0 o? 0 Wm AV a Fa b w `n o a .x u z„ ;WELLS FARGO BANK, N.A. Plaintiff V. BECKY YINGLING Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8377 CIVIL TERM CUMBERLAND COUNTY PHS # 222955 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 1323 CONCORD ROAD, MECHANICSBURG, PA 17050-1957. Name and address of Owner(s) or reputed Owner(s): Name BECKY YINGLING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 Address (if address cannot be reasonably ascertained, please so indicate) 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) Atlantic Credit & Finance, Inc. 2727 Franklin Road Roanoke, VA 24014 Atlantic Credit & Finance, Inc., c/o GORDON & WEINBERG PC 1001 E HECTOR ST STE 220 CONSHOHOCKEN, PA 19428 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) Township of Hampden 230 South Sporting Hill Road, Mechanicsburg, PA 17055 Township of Hampden, c/o SNELBAKER & BRENNEMAN PC 44 W MAIN STREET MECHANICSBURG, PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Bunker Hills Homeowners Association Bunker Hills Homeowners Association I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are a?e-s'L? j of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities._ Dater 1323 CONCORD ROAD MECHANICSBURG, PA 17050-1957 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 7104 Mechanicsburg, PA 17050-7104 1330 Concord Road Mechanicsburg, PA 17050-1990 penalties Attorney for Plaintiff ? Lawrence T. Phelan, Esq., Id. Nd. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshu . oldman, Esq., Id. No. 205047 ? C rtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff t If* Jody S Smith Chief Deputy Richard W Stewart Solicitor .+o"Or a 41411()rt1411 d f, j,Lll .Tt?' t' pis y j p "t a f. Wells Fargo Bank, NA vs. Becky A. Yingling Case Number 2009-8377 SHERIFF'S RETURN OF SERVICE 06/29/2011 Michelle Gutshall, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1323 Concord Road, Mechanicsburg, PA 17050, Cumberland County. 09/08/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Wells Fargo Bank, of, 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $759.94 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c/ S [)C? pC, I - Ct :r`' l.^,f411"I'?`;il', ((? '?Ee!"I}?f, TE?I2s„ft. II?:;. CUMBERLAND LAW JOURNAL Writ No. 2009-8377 Civil Wells Fargo Bank, NA vs. Becky A. Yingling Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8377 CIVIL TERM, WELLS FARGO BANK, N.A. vs. BECKY YING- LING, owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 1323 CONCORD ROAD, ME- CHANICSBURG, PA 17050-1957 Parcel No. 10-16-1064-052. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $168,738- .73. 73 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 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. Visa Marie Coyne, 11ditor SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28'201U. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 This ad ran on the date(s) shown below: 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 07/15/11 07/22/11 V& t 11?C Sworn to a#d subscribed Public cue Patti* ot News Now you know 18 of August, 2011 A.D. ___1JZ ( /i L_- _ COMMONWEALTH OF; PENNSYLVANLA Notarial Seal Sherrie L Kisner, Notary Public 1 Lower Paxton Twp., Dauphin County LMeMb_-r,P,1nnSVJvanla y Commission ExWres Nov. 26, 2011 I Association of Notaries-' 07/29/11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N.A. is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 21 day of March, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8377, at the suit of Wells Fargo Bank N.A. against Becky Yingling is duly recorded as Instrument Number 201129284. IN TESTIMONY WHEREOF, I have h9reunto set my hand and seal of said office this day of A.D. Recorder of Deeds ReF,order kf D)Ieds Cumberland Comer, Carfsle, PA My Cornmi on Expires the Fast Monday of Jan. 2014