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HomeMy WebLinkAbout09-8670Phelan 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 Xourtenay 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 224818 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. , ?, 0? 70 C JV CUMBERLAND COUNTY File #: 224818 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 #: 224818 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: JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/23/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN STERLING BANK. A MISSOURI CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200819082. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2009 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 #: 224818 6 The following amounts are due on the mortgage: Principal Balance $169,894.49 Interest $7,182.07 04/01/2009 through 12/15/2009 (Per Diem $27.73) Attorney's Fees $1,300.00 Cumulative Late Charges $264.16 05/23/2008 to 12/15/2009 Property Inspections $16.25 Mortgage Insurance Premium / $138.34 Private Mortgage Insurance Cost of Suit and Title Search $-5-50-00 Subtotal $179,345.31 Escrow Credit $0.00 Deficit $974.66 Subtotal W4-66 TOTAL $180,319.97 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. Plaintiff is nat seeking a judgment of personal liability (or an in nersonam 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 #: 224818 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 $180,319.97, together with interest from 12/15/2009 at the rate of $27.73 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: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 224918 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. The foregoing description is drawn in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated December 23, 1964, and bearing No. 204-45. PARCEL NO.12-21-0267-104 PREMISES: 115 NORTH 9TH STREET, LEMOYNE, PA 17043-1434 File #: 224818 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. omey for Plaintiff DATE: File #: 224818 r? ARY 2"4 = Ca`: , s` I I", I 4 C: 5 5 ;rr 41- ?? ,?i7 MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION TERM Plaintiff V. NO. 09-8670 Civil Term JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Margaret M. Stuski, Esquire on behalf of Defendant, James E. Davis, Sr. Date:-1-2-30-061 GARET STUS , UIRE PA Supreme Court ID# 42478 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 TERM Plaintiff V. NO. 09-8670 Civil Term JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 Defendant CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Praecipe to Enter Appearance was served upon Plaintiff s Attorney, this '3C?? day of _DdCtm lxr', 2009, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c) at the following: Courtenay R. Dunn, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 garet M. tuski, Esqu e' ? oFF I `r'?lfltti7? 2669 DEC 30 12: 3 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 ,.,?drew 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. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8670-CIVIL JAMES E. DAVIS, SR : CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 224818 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 Date: 12-28-09 PHS #: 224818 VERIFICATION Xee Moua hereby states that he/she is V.P. 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: 12/16/09 Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File k 224818 Davis 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, N.A. Plaintiff VS. JAMES E. DAVIS, SR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8670-CIVIL : 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: PHS #: 224818 JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 E] 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 Date: 12-28-09 PHS #: 224818 c ???? r-;? ? ,_ti,???,, 2??? . ,?, SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??? „tip pt tiaripb?rh? .y, 7W PROTH" l 2011 JAN -6 AM 8-- 44 CLUB P"40 COU I -W Wells Fargo Bank, NA vs. Case Number James E. Davis, Sr. 2009-8670 SHERIFF'S RETURN OF SERVICE 12/23/2009 08:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 2035 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James E. Davis Sr., by making known unto himself personally, at 115 North 9th Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 December 28, 2009 SO ANSWERS, R THOMAS KOBE, SHERIFF By (rj Cou11TySuite Sheriff. Teieasott. 6'.c. MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pa 17013 (717)249-1177 Attorneys for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, 2010 XoN 29 " a.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. DAVIS, SR. Defendant NO. 09-8670 CIVIL CIVIL ACTION NOTICE TO PLEAD TO: WELLS FARGO BANK, N.A. c/o Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Date: 9 / Respectfully submitted, Counsel f6f"the Plaintiff/ Margaret M. Stuski, Esquire PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pennsylvania 17013 MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pa 17013 (717)249-1177 Attorneys for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. DAVIS, SR. Defendant NO. 09-8670 CIVIL CIVIL ACTION PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come Defendant, James E. Davis, Sr., by and through his Attorney, Margaret M. Stuski, and preliminarily object to Plaintiffs Complaint in Mortgage Foreclosure, and aver the following in support thereof. 1. Plaintiff filed a Complaint in Mortgage Foreclosure on December 15, 2009 in Cumberland County, Pennsylvania. 2. Plaintiff is Wells Fargo Bank, N.A., whose corporate office is located at 420 Montgomery Street, San Francisco, California, 94104. 3. Defendant, James E. Davis, Sr. is an individual who resides at 115 North 9 h Street, Lemoyne, Pennsylvania, 17043. PLAINTIFF DOES NOT HAVE STANDING TO BRING MORTGAGE FORECLOSURE PROCEEDINGS 4. Wells Fargo Bank, N.A lacks the capacity to sue as the assignment of the mortgage in question was recorded on May 23, 2008 to Mortgage Electronic Registration Systems, Incorporated as a nominee for American Sterling Bank. No assignment exists of record prior to the filing of the actions for Wells Fargo Bank, N.A. 6. Wells Fargo Bank, N.A. brought the present action prior to having the legal authority and interest to be the party. 7. Wells Fargo Bank, N.A. did not have standing at the time they brought the present action. 8. Paragraph 3 of Plaintiff's Complaint in Mortgage Foreclosure even states that at the time of filing, Plaintiff does not have the assignment of the mortgage but rather "is in the process of formalizing" it. 9. Averments 4, 5, 6, and 7 form the basis of a proper preliminary objection under PA R.C.P.§ 1028(5), lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action. WHEREFORE, the Defendant, James E. Davis, Sr., request that Plaintiffs Complaint in Mortgage Foreclosure be stricken and dismissed with prejudice. In the alternative, Plaintiffs request any other relief as is deemed appropriate by the Court under these circumstances. Couns6l for the`DefendMit Margaret M. Stuski, Esquire PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pennsylvania 17013 MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pa 17013 (717)249-1177 Attorneys for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. JAMES E. DAVIS, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8670 CIVIL CIVIL ACTION CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, counsel for James E. Davis, Sr., hereby certify that a copy of the Preliminary Objections, was served upon Plaintiffs Attorney at the below listed address, this 29,4day of , 2010 by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C. R. P. 1930.4(c): Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 Counsel for the Defe dant Margaret M. Stuski, Esquire PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pennsylvania 17013 VERIFICATION I, Margaret M. Stuski, Esquire, on behalf of Plaintiff James E. Davis Sr., who were unavailable to sign this verification at this time, verify that the statements made in this Preliminary Objection are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. .z9 d Date argar M. Stuski, tsqulR? 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 c-?ivek 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, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 224818 Fa-E1,. Tj J' 2010 FEB 18 AN 10: 51 `1 Y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 Defendant TERM NO. 09-8670-CIVIL CUMBERLAND COUNTY AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 224818 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 #: 224818 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name and last known address of the Defendant are: JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 who are the mortgagor and/or real owner of the property hereinafter described. 3. On 05/23/2008 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN STERLING BANK. A MISSOURI CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200819082. A true and correct copy of the Mortgage is attached hereto, incorporated herein and marked as Exhibit "A". By Assignment of Mortgage recorded 01/06/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 2001000384. A true and correct copy of the Assignment is attached hereto, incorporated herein and marked as Exhibit `B. 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 05/01/2009 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 #: 224818 6. The following amounts are due on the mortgage: Principal Balance $169,894.49 Interest $7,182.07 04/01/2009 through 12/15/2009 (Per Diem $27.73) Attorney's Fees $1,300.00 Cumulative Late Charges $264.16 05/23/2008 to 12/15/2009 Property Inspections $16.25 Mortgage Insurance Premium / $138.34 Private Mortgage Insurance Cost of Suit and Title Search $550.00 Subtotal $179,345.31 Escrow Credit $0.00 Deficit $974.66 Subtotal $974.66 TOTAL $180,319.97 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 #: 224818 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 on the dates set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant has 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. A true and correct copy of the Act Notice is attached hereto, incorporated herein and marked as Exhibit "C". 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 224818 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant in the sum of $180,319.97, together with interest from 12/15/2009 at the rate of $27.73 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 INAN & SCHMIEG, LLP By: ? Lawr n helan, 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 ? Sheet R. Shah-Jani, Esq., Id. No. 81760 ? Je ne 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 File #: 224818 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. The foregoing description is drawn in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated December 23, 1964, and bearing No. 204-45. PARCEL NO.12-21-0267-104 PREMISES: 115 NORTH 9TH STREET, LEMOYNE, PA 17043-1434 EXHIBIT A rctoga . Recording'Requested by,&•?,..: ?• When RecordedlRetum To.. US Recordings, Inc... : I 2925 Country Drive Ste 201: St. Paul, MN 55117 Prepared By: MELISSA ROMERO AMERICAN STERLING BANK, A MISSOURI CORPORATION 8101 E. PRENTICE AVE UE, SUITE 408 GREENWOOD VILLAGE, CO 00111 (816) 521-2500 Property Address: 115 N 9TH STREET LEMOYNE, PA 17043 PIN:12-21-0267-104 [Space Above This Unc For Recording Data] MORTGAGE DAVIS MTN:100046900000944038 Case #: 441-8231732-703 THIS MORTPAGE ("Security Instrument") is given on MAY 23, 2008. The mortgagor is JAMEs6DAvis, SR ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MFRS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MERS. AMERICAN STERLING HANK A MISSOURI CORPORATION ("Lender") is organized and existing under the laws of MISSOURI, and has an address of 11206 E 24 HIGHWAY, SUGAR CREEK, MO 64054-8500. Borrower owes Lender the principal sum of ONE HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED EIGHTY FOUR Dollars (U.S. $171, 664.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ,TUNE 1, 2038. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in CUMBERLAND County, Pennsylvaniu: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 115 N 9TH STREET, LEMOYNE, Pennsylvania 17043 ("Property Address"); r: IIT &&A" TOGETHER WITH the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also FHA PENNSYLVANIA MORTGAGE 40 400.1 Page I of 8 be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with low or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would'have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2641 et seg. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). FHA PENNSYLVANIA MORTGAOE 4& 400.7 Page 2 or 8 3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth. to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall be include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to. Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in FHA PENNSYLVANIA MORTGAGE a& 400.7 Page 3 of 8 connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if. (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j- 3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if (i) All or part of the Property, or a beneficial interest iii a trust owing all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal FHA PENNSYLVANIA MORTGAGE 40 400.7 Page 4 or s residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, Us Security Instrument and the obligations that is secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note- (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The FHA PENNSYLVANIA MORTGAGE AINO 400.7 Page 5 of 3 notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by rust class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17, Lender shall not be required to enter upon, take control of or maintain the Property before or after FHA PENNSYLVANIA MORTGAGE 4& 400.7 Page 6 of 8 giving notice of breach to Borrower. However, Lender or a }udicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may initiate foreclose by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq,) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20, Waiver. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy of sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a Sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a part of this Security Instrument. The Following Rider(s) are to be executed by Borrower and are attached hereto and made a part thereof [check box as applicable]: © Condominium Rider O Growing Equity Rider D Adjustable Rate Rider Planned Unit Development Rider ? Graduated Payment Rider ? Other(s) [specify] rHA PENNSYLVANIA MORTGAGE q99> 400.7 Page 7 of 9 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages I through 5 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. This is a contract Vier Se and may be ceforced under 42 Pa.C.S. Section 5529(b). a3-? JAME?A?,R. - DATE - 01 STATE OF &Y'Vg ffiCOUNTY OF Ok/41 6 tPR L 94 On„ this the 3 _ . da,Y_ -.L ZvoV , before me, tAignc j_officer, personally appeared , known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. / -.A- , _ /l, -001011 Notary Public V61" 4-11 8ernac 0--). -?\ ?PFe 1-f r ()Cr OF NIA Noonot sfml My Commission Expires: j/ oZ y fl i 0"Mdeft M.1w11e"in"r, Nvory ruble lorrrtr iq~ Twp., DM OW Cofnry My Commkok* E¦om Now. 24, 2011 CERTIFICATE OF RESIDENCE: I do certify that the precise address of the within named Mortgagee is 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474 or P.O. Box 2026, Flint, MI 48501-2026. S ignatm: Agent on behalf of Mortgagee OHMAEN N FHA PENNSYLVANIA MORTGAGE dffi 400.7 Page 8 of 8 EXHIBIT A PROPERTY DESCRIPTION The land referred to in the Commitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and Is described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. . BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. The foregoing description is drawn in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated December 23, 1964, and bearing No. 204-45. BEING the same premises which Steven J. Hoffman and Jeanne D. Hoffman, his wife, formerly known as Jeanne Danz Horst, by Deed, dated March 24, 2006 and recorded March 30, 2006 in the Office of the Recorder of Deeds in and for the County of Cumberland in Pennsylvania, at Book 273, Page 3880, granted and conveyed unto James E. Davis, Sr., married man, in fee. Property Address (for Informational Purposes Only): , IfII?I?iII??I??III???iI?I1Rlll? 115 North 9th Street Lemoyne, PA 17043 JI J N+ BRT# 12-21-0267-104 045576244-01AO09 MORTGAGE US Recordings ?' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200819082 Recorded On 6/6/2008 At 2:12:46 PM *Total Pages - 10 * Instrument Type - MORTGAGE Invoice Number - 22513 User ED - KW * Mortgagor - DAVIS, JAMES E SR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - US RECORDING INC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $21.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 mnTar. vnrn 548.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA r . ° RECORDER,oO D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOiii`iiwnodi EXHIBIT B 3g? ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by WELLS FARGO BANK, N.A., "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by JAMES E. DAVIS, SR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN STERLING BANK. A MISSOURI CORPORATION, bearing the date 05/23/2008, in the amount of $171,684.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 06/06/2008 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Instrument No. 200819082, MIN: 100046900000944038. Being Known as Premises: 115 NORTH 9TH STREET, LEMOYNE, PA 17043-1434 Parcel No: 12-21-0267-104 00OS51 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideranun passea to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 15`h day of December, 2009. Mortgage Electronic Registration stems, Inc. By: ?? Sealed and Delivered Judith T. Rom Assistant Se etary and ice President in the presence of us; State of Pennsylvania ss. County of Philadelphia On this 15`h day of December, 2009, before me, the subscriber, personally appeared Judith T. Romano, who acknowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Stamp/Seal: Notary Public The precise address of the within named After recording return to: Assignee is: Phelan Hallinan & Schmieg, LLP 3476 STATEVIEW BOULEVARD 1617 JFK Boulevard, Suite 1400 FORT ILL, SC 29715 One Penn Center Plaza By: - Philadelphia, PA 19103 ( or. Assignee). COMMONWEALTH OF PENNSYLVANIA EUGENE ASKIEWICZ Notary Public City of Philadelphia, Phila. County y Commission Expires August 13, 2012 December 14, 2009 Document PHS # 224818 ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. HAVING THEREON ERECTED a one-story dwelling known as 115 N. 9th Street, Lemoyne, Pennsylvania. The foregoing description is drawn in accordance with a survey by D. P. Raffensperger, Registered Surveyor, dated December 23, 1964, and bearing No. 204-45. BEING THE SAME PREMISES which Robert G. Mehalko and Betty M. Mehalko, his wife, by Deed dated and recorded September 9, 1983, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book J, Volume 30, Page 210, granted and conveyed unto Jeanne Danz Horst, single woman. The said Jeanne Danz Horst, now known as Jeanne D. Hoffman,. has since intermarried with Steven J. Hoffrnan, who joins in this conveyance to divest all right, title and interest in said property. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201000384 Recorded On 1/6/2010 At 11:24:26 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 58818 User ID - AF * Mortgagor - DAVIS, JAMES E SR * Mortgagee - WELLS FARGO BK N A * Customer - JAM TRANSFERS * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA Cu RECORDER O D DS nao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111111111 EXHIBIT C Wells Fargo :Home Mottgage P.O. Box 9039 Temecula, Ca 92589-9039 2221526170 July 05, 2009 24707170BPAACr6/PA it?Il???lil??lll??llllll????llil??IIIII??Ii?l?lll???l?lll?l?l?lll?l?ll?l JAMES DAVIS SR 115 N 9TH STREET LEMOYNE, PA 17043-1434 RE: Wells Fargo Home Mortgage Loan Number- Mortgagor(s): JAMES DAVIS SR Mortgaged Premises: 115 N 9TH STREET LEMOYNE, PA 17043 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Borrowers: The mortgage held or serviced by Wells Fargo Bank, N.A. (hereinafter we, us or ours) on your property located at 115 N 9TH STREET LEMOYNE, PA 17043 IS IN SERIOUS DEFAULT because you'venot made the monthly payments since May 01, 2009 through today. Late charges and other charges have also accrued to this date. The total amount now required to cure the default, or in other words, bring your loan current, is calculated below. 3 Past Due Payments Totaling $ 3,978.96 Late Charge Balance $ 51.32 Expense Balance (may include NSF, and/or property inspections, and/or preservation, attorney fees and/or costs and/or appraisal/BPO fees) $ 0.00 UnappIied Funds -$ 0.00 Total. Delinquency as of July 05, 2009 $ 4,030.28 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the amount of $4,030.28 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, or money order to Wells Fargo Home Mortgage, 1 Home Campus, MAC#X2302-04A, Des Moines, IA 50328, telephone # 1-800416-1472. If you do not cure the default within THIRTY (30) DAYS of the date of this letter, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, we also intend to instruct our attomey(s) to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by a Sheriff(s) or other similar official(s) sale to payoff the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney(s) fees actually incurred, up to $50.00. 24M.70"AAMYA.0 However, if legal proceedings are started against you, you will have to pay the reasonable attorney(s) fees even if they are over $50.00. Any attomey(s) fees will be added to whatever you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney(s) fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff(s) or other similar official(s) foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any other charges then due, as well as the reasonable attorney(s) fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff(s) or other similar official(s) sale could be held would be approximately six months from today. A notice of the date ofthe Sheriff(s) or similar official(s) sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be, by calling us at the following number: 1-800-416-1.472. The payment must be made by cash, cashier's check, certified check or money order made payable to us at the address stated above. You should realize that a Sheriff(s) or other similar official(s) sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff(s) or other similar official(s) We, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the nonexistence of a default or any other defense that you may have to acceleration or foreclosure. You have the additional right to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDER TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY(S) FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of this debt in bankruptcy or are currently in a bankruptcy case, this notice is not intended as an attempt to collect a debt and, this company has a security interest in the property and will only exercise its rights as against the property. Sincerely, Wells Fargo Home Mortgage Default Management Department 24707.708_PAACT6.PA.2 • n VERIFICATION Xee Moua hereby states that he/ she is a V. P. Loan Documentation for Wells Fargo Home Mortgage, Inc., mortgage-servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are correct to the best of his/her knowledge, information and belief. Furthermore, the Plaintiff herein, Wells Fargo Bank, N.A., is the investor of the mortgage loan, while, Wells Fargo Home Mortgage, Inc. is the servicer of the mortgage loan. Wells Fargo Home Mortgage, Inc. has records which are kept in the regular course of business regarding all sums received and disbursed on the Defendants' mortgage loan. I have these records in my possession and am therefore the custodian of these records. The reason for Plaintiff not signing the instant verification is because it is the investor on the mortgage loan and not familiar with the day-to-day activity on the mortgage loan. It is Wells Fargo Home Mortgage, Inc. which keeps these account records, not the Plaintiff. 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. Xee NtU55-)7. P. Loan Documentation Wells Fargo Home Mortgage, Inc. Date: February 9, 2010 PHS #: 224818 / 115 North 9`h Street, Lemoyne, PA 17043-1434 ( Nag/ LT) File #: 224818 _ ?ff tL D-i-li i ~ 2010 FE3 26 FI 1: 43 t?i "J ti'y PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 V. James E. Davis, Sr. 115 North 9th Street Lemoyne, PA 17043-1434 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-8670-Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Amended Civil Action Complaint in Mortgage Foreclosure was served by regular and certified mail on the following on the date listed below: Margaret M. Stuski, Esquire Allied Attorneys of Central Pennsylvania 61 West Louther Street Carlisle, PA 17013 DATE: 2,S ?o PLED-O' E, i 2010 AR -r) Aid 11: 39 C?.rr ,i? ?Y 4!'1; hvr' t'i? 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 L,--V'lvek 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, N.A. VS. JAMES E. DAVIS, SR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-8670-CIVIL 14. oo P A A-rry CLI g3OA8 9-4- a3` 0/9S Ltrhce Waded 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 E. DAVIS, SR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $180,319.97 Interest - 12/16/2009 to 04/01/2010 $2,967.11 TOTAL $183,287.08 I hereby certify that (1) the Defendant's last known address is 115 NORTH 9TH co rdance with STREET. LEMOYNE, PA 17043-1434, and (2) that notice has be7t?17 Rule 237.1, copy attached. La4ence T flan, 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 Attorney for Plaintiff c/o MARGARET M. STUSKI, ESQUIRE 61 WEST LOUTHER STREET CARLISLE, PA 17013 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 224818 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION JAMES E. DAVIS, SR No. 09-8670-CIVIL 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 E. DAVIS, SR is over 18 years of age and his last known residence is 115 NORTH 9TH STREET, LEMOYNE, PA 17043-1434. This statement is made subject to the penalties / Pa. C.S. Section 4904 relating to unworn falsification to authorities. U La`wrencelt."helan, 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 . Romano, Esq., Id. No. 58745 ? She 1 R. Shah-Jani, Esq., Id. No. 81760 ? J 'ne 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 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS JAMES E. DAVIS, SR : CIVIL DIVISION : No. 09-8670-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on (Q By: If you have any questions concerning this matter please contact: ? 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 VJS tal R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq ., Id. No. 87077 en R. Tabas, Esq., Id. No. 93337 k 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUIIAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, N.A. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-8670-CIVIL 41. CUMBERLAND COUNTY JAMES E. DAVIS, SR Defendant(s) TO: JAMES E. DAVIS, SR C/O MARGARET M. STUSKI, ESQUIRE 61 WEST LOUTHER STREET CARLISLE, PA 17013 DATE OF NOTICE: March 18, 2010 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 # 224818 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 B: 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 224818 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 09-8670-CIVIL JAMES E. DAVIS, SR CUMBERLAND COUNTY Defendant(s) TO: JAMES E. DAVIS, SR 115 NORTH 9TH STREET LEMOYNE, PA 17043-1434 DATE OF NOTICE: March 18, 2010 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 # 224818 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 224818 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. JAMES E. DAVIS, SR Defendant(s) : NO. 09-8670-CIVIL CUMBER14NWCOUNTY TO THE PROTHONOTARY: The undersigned attorney for the Plaintiff, hereby certifies that, to the best of-.V- s/h' knowledge, information and belief the Mortgage Premises was erroneously listed as" k 115 NORTH 9TH STREET, LEMOYNE, PA 17043-1434 The correct name for the Mortgage Premises is: 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434 Kindly change the information on the docket. nj /I /I r By: Attorney for Plaintiff 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 D,Wdith T. Romano, Esq., Id. No. 58745 L!J 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 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION JAMES E. DAVIS, SR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/02/2010 to Date of Sale ($30.55 per diem) AL TQ___) *a4-00 P6 ATH 4,2 . N 0 CBF qa 00 00 Pb 1477/ Note: Please attach description of property. PHS # 224818 U-oo buec ,So l-L P,E I0nf -NO. 09-8670-CIVIL Crif gg358o P-*19q 1457 CUMBERLAND COUNTY $188,175.08 A _, Attorney for Plaintifll/ V 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 ? KSheetal ' hele M. Bradford, Esq., Id. No. 69849 ? th T. Romano, Esq., Id. No. 58745 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 H b w H ?,xM ro w?? ??zo AxZw 3 ua??? wz¢? ¢ ti= a O? ?a a Oa F O U O? O? U W U d z z 0 C7 ?, a W d? Aw fsl ? ?Q ti z U W ? 00 H ? W O? Gz+ ? a 0 00 N N oo l? n rMi °? V_ O? O N M 000 CD M N r 00 Z oN N 0 Qr ° O OZ?Zo?oom, O pb D OZ ?zZZ d 0 0 0 °? 6ZZ a;zzb ab Z"o -?Zzz z-6 ti o w \ ?www bW a ?Nb aW W 0Ww J u c ono cadW Ww W 14 co u ca'iv °pa 8? Cl) =3 ;; c m 08 t C's 45 ¢ a ????? ??????????? 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. JAMES E. DAVIS, SR Defendant(s) 2U1?(Jr'r l it ? f ••? __ CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8670-CIVIL : CUMBERLAND COUNTY 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 relating to unswom falsification to authorities. By:?? ??? U Attorney for Plaintiff 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 nth T. Romano, Esq., Id. No. 58745 eSheetal l R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION NO. 09-8670-CIVIL JAMES E. DAVIS, SR 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 115 NORTH 9TH SWET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434. < 1. Name and address of Owner(s) or reputed Owner(s): 71 Name Address (if address cannot be reasonably -? ` - ascertained, please so indicate) c o JAMES E. DAVIS, SR 115 NORTH 9TH STREET ?..? A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 w ? 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) 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. 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 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 JAMES E. DAVIS, JR. C/O MARGARET M. STUSKI, ESQUIRE JAMES E. DAVIS, JR. C/O MARGARET M. STUSKI, ESQUIRE ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA 61 WEST LOUTHER STREET CARLISLE, PA 17013 ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA 908 WALNUT STREET WORMLEYSBURG, PA 17043 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 authoritie r ApriJ?, 2010 By; Attorney for Plaintiff 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 ? dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION JAMES E. DAVIS, SR VS. : NO. 09-8670-CIVIL : CUMBERLAND CQUN'Y Defendant(s) : -- • !T' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY w TO: JAMES E. DAVIS, SR 115 NORTH 9TH STREET ` A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 "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 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434 is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $183,287.08 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. 09-8670-CIVIL WELLS FARGO BANK, N.A. vs. JAMES E. DAVIS, SR owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, (Municipality) Pennsylvania, being 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 (Acreage or street address) Parcel No. 12-21-0267-104 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $183,287.08 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 Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. HAVING THEREON ERECTED a one-story dwelling known as 115 N. 9th Street, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James E. Davis, Sr., married man, by Deed from Steven J. Hoffman and Jeanne D. Hoffman, his wife, fka, Jeanne Danz Horst, dated 03/24/2006, recorded 03/30/2006 in Book 273, Page 3880. PREMISES BEING: 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434 PARCEL NO. 12-21-0267-104 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8670 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From JAMES E. DAVIS, SR (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 $183,287.08 L.L.S.50 Interest from 4/2/10 to Date of Sale ($30.55 per diem) -- $4,888.00 Atty's Comm % Due Prothy $2.00 Atty Paid $174.90 Plaintiff Paid Date: 5/3/10 (Seal) Other Costs David D. Buell, Pro onotary By: REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 Deputy 1 '• WELLS FARGO BANK, N.A. PLAINTIFF V. JAMES E. DAVIS, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8670 CIVIL ORDER OF COURT AND NOW, this 14th day of July, 2010, 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 August 5, 2010; 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. ~ Jenine R. Davey, Esquire Attorney for Plaintiff z/ James E. Davis, Sr. 115 North 9th Street ~.;~- c.W ~~~, r ~, _..- Lemoyne, PA 17043-1434 ~: ~-; r- ~,_,,; ;', _, ' .~- Margaret M. Stuski, Esquire ~ ~ - 61 West Lowther Street ~ ,.,.~,t~ Carlisle, PA 17013 ~ ~ t- `~ ~' bas ~ ~P i ~s mc,,'I ~ed 7 ~~~fliD ~~ .-x "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. JAMES E. DAVIS, SR Defendant(s) CUMBERLAND COUNTd C. ~'` ~ COURT OF COMMOI~-r~~,EA~ _r r i ~~ `' CIVIL DIVISION =~ f - -c, __ No.09-8670-CIVIL ~_ ° ~ ~- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: ---~ «~~-. M~; ,.t :- As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: __ -7 ~z.~~t0 (~'Gawrence 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., td. 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 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. PHS # 224818 aa`-' Name and Address Of Sender Phelan.Halliaan & ScFpmiag. LLP 1617 JFK Boulevard, Suite 1400 Oae Penn Center Plaza Pkiladelphis, PA 19108 JOT/I'NW -SEPTEMBER S. 2010 SALE ~1 Oa Line Article Number Name of Add sad Post Office Address F Pos a Fee 1 •"•* TENANTlOCCUP I1S NbRTH 9TH STREET A/K/A a ~.~ G ' Tt 113 N 1~ NINTH STREET LEMtI PA 1? 1434 y 2 *wwa Doaettic Rdutlona O~ $ Cambarland County', 13 North•lirnaver Street o ° "~ Ca PA 17013 ', ~~ m 3 ,.r,.• ~ Comnioa9vea1t6ofPspnrylvania Department of weKa~e +~ P.O. Box 2673 Ilarrisbu PA 171 N 4 "••` 1luited States laterna~ Revenge m . A Specifl Procedures Bnack Federated lmeswrs'~ower `' ~ n 13th Fb n 130 S ° ^ or, a e U o ° 1001 Liberty Aveaue,• oo Pittsba PA 1522? S •"•" U.S..DepartmentofJiatke U.S. Artorstsl+ for tbaQMitddk District of PA Federal BaUdlog, P.O. Box 11754 226 WAhut Street Hsrrbb'e PA 17108 6 JAMBS E. DAMS, C/O MARGARET M. SR~ISKI, ESQUIRE ALLIED ATTORNE~'S OF CENTRAL PENNSYLVANIA 61 WEST I.OUTHER STREET CARETS PA 1701st 7 JAMES E. DAVCS, JR. CIO MARGARET M. ST~JSICI, ESQUIItE ALLDID ATTORNEY'S OF CENTRAL PENNSYLVANIA 908'WALNUT STREET WORMLEYSBURG ~ PA 17043 8 9 10 11 12 RE: JAMES E. DA SR CUMBERLAND TEAM 3 PHSB 224818 Tasl t+mapr of Tall NowbR PWrnepa, t1r of TM dmN,atba oralas is oa VI domestic aod.iaYrosdowl,epMnd mai . Tha maimum iadewsiry pry.bk Piecet:I.hmd by Swda xsaiwa'K Fou O~w Reoelv6as 6mpbya) ~. ~' fbr tlb n,owrtramio• odaoanasWisbk doeumm4 aedtP 8a~an Med daaameta teoaastraacoa innaaaas is fS0,00D 9k `` - t alas. aagfaetto a gaat auosooo a.r oaem+ams. T6s na,dmum iad.a,attrvrwa as ttaii maohwdw ~ swo. 7M mauiaWro iadamitr psyaUM i fI3.090 R,r rrptasd ms4 ewt,vitA aptiaml hrumaoe. Sa Omtgetia Mss Mwusl 8900 t3aad I lim0~4iorod a -' t-I~` ,. _ r T, - _ . ~, ,'',f~4' tJ +.7 J i ~ i ~Iv6 3 PmWy:o~ .,~. r ~~I~ ~ _ .~ .`a Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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, N.A. Plaintiff v. JAMES E. DAVIS, SR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.09-8670-CIVIL CERTIFICATION OF SERVICE 224818 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 5, 2010 was sent to the following individual on the date indicated below. MARGARET M. STUSKI, ESQUIRE 61 WEST LOUTHER STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: ~I ~`'~~ B : Y ~ ^ 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 ^ Jerune 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 224818 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 224818 DEFENDANT SERVICE TEAM/ kxc JAMES E. DAVIS, SR COURT NO.: 09-8670-CIVIL SERVE JAMES E. DAVIS, SR AT: TYPE OF ACTION 115 NORTH 9TH STREET A/K/A XX Notice of Sheriff s Sale 115 NORTH NINTH STREET SALE-DATE: 09/08/2010 .~ LEMOYNE, PA 17043-1434 SERVED ,.,, ~ ~~ .,; -~{~, Served and made known to ~i~t~SSS ~ D~'Vlst15Q Defendant on the ~0' -day of ~~, 20 ~'at ~.a .~ ~O :10 , o'clock ~. M., at 11 S 111.419+ $?' ~ ~ NbyN1Ef ~~ , in the manner described below{ ~ ;:' ~ -_ Defendant personally served. ~ _ Adult family member with whom Defendant(s) reside(s). _; 6`• Relationship is S°u• 1 N' LkW .~, _ Adult in charge of Defendant's residence who refused to give name or relationship. 3 Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. =i _ an officer of said Defendant's company. 6~ Other: Description: Age j~s Height 1 `~ Weight ~ ~ed Race W Sex M Other I, ~D 11A~ LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day KIMBERLY CURTY of , 20 NOTARY PljBL1C" • • STATE fiF N$W fERSEY• . Not •~~ ~~~j~' COMMISSION EXFiRES MARCH 7,:2013 NOT SERVED On that, ai~fJ( J , 20_, at _ Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of ; 2~ By: Notary: o'clock _. M., Defendant NOT FOUND because: Moved _ Dces Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelm, Esq., Id No. 32227 Panda S. HaBlnm, Esq, id. Nw 62695 Daniel G. Sehmieg, Esq, W. No. 62288 Mkhek M. Bradford, Esq., Id. No. 69&19 Judllh T. Rmrsno, Esq., Id. No. 58745 Shedal R Shab-J~1. Eaq., Id. Na 51760 Jmine R Davey, Esq., Id. Na 87077 Lamm R Tabas, Esq., W. No.93337 Vivek Sdvas4va, Esq., k1. No. 282331 Jay B. Jones, Esq., Id. No. 86657 Paler J. Mukalay, Esq., Id. No. 61791 Andrew L Spivaek, Esq., b. No. 81439 Jaime McGaainanss, Esq., Id. No. 98134 Chr[vovahmle P. FBekas, Esq., Id. No.94620 ]asMw I. Gokhaaaa, Esq, Id. No. 20.5017 Courlenay R Dung Esq, Id. No. 206779 Andrew C. Bawmbldt, id. No. 206375 One Pmr Center al S Station 1617 John F. Keaanedy Blvd., Suite 1400 PhBadelphia, PA 19103/874 (215)563.7000 SHERIFF'S OFFICE OF CUMBERLAND FOUNTY LED-OFFICE Ronny RAnderson THE PR0 - -OTT,.py Sheriff Jody S Smith Chief Deputy UMBERLMND coUNT'%" Richard W Stewart P rN,4S `', lv , t, 11 Solicitor' . Wells Fargo Bank, NA vs. James E. Davis, Sr. Case Number 2009-8670 SHERIFF'S RETURN OF SERVICE 06/2212010 04:15 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-22-2010 at 1615 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 E. Davis, Sr., located at, 115 North 9th Street a/k/a 115 North Ninth 'Street, Lemoyne, Cumberland County, Pennsylvania according to law. 07/02/2010 04:18 PM - Denns Fry, Deputy Sheriff, who being duly sworn according to law, states that on 7/2/10 at 1648 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 E. Davis, by making known unto, Debra Davis, spouse, at, 115 North 9th Street, a/k/a 115 North 9th Street, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/08/2010 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 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., 3476 Stateview Blvd, Fort Mill, SC, 29175, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 803.40 SHERIFF COST: $803.40 October 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 4f -00 &1 J.00 j0d "S-0 ? Pd_ 4A-4-7 ? at/? 5- fcj CounfySuite Shen-'f. Teieo=oft In:;. WELLS FARGO BANK, N.A. Plaintiff Name and address of Defendant(s) in the judgment: Name CIVIL DIVISION V. JAMES E. DAVIS, SR Defendant(s) SAME AS ABOVE 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 flied, the following information concerning the real property located at 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434. Name and address of Owner(s) or reputed Owner(s): Name JAMES E. DAVIS, SR 2. 4. 5. COURT OF COMMON PLEAS NO. 09-8670-CIVIL CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please so indicate) 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 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. 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA JAMES E. DAVIS, JR. CIO MARGARET M. STUSKI, ESQUIRE 115 NORTH 9TH STREET AIK/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 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 ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA 61 WEST LOUTHER STREET CARLISLE, PA 17013 JAMES E. DAVIS, JR. CIO MARGARET M. STUSKI, ESQUIRE ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA 908 WALNUT STREET WORMLEYSBURG, PA 17043 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 authoritie r 24, A ri 2010 By: Attorney for Plaintiff 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 ? dith T. Romano, Esq., Id. No. 58745 SSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R, Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 09-8670-CIVIL JAMES E. DAVIS, SR : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES E. DAVIS, SR 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET LEMOYNE, PA 17043-1434 "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 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $183,287.08 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.) 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. 09-8670-CIVIL WELLS FARGO BANK, N.A. VS. JAMES E. DAVIS, SR owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, (Municipality) Pennsylvania, being 13-1434 (Acreage or street address) Parcel No. 12-21-0267-104 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $183,287.08 Phelan Hallinan & Slchmieg, 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 Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the south side of Pennsylvania Avenue, said point being 124.00 feet east of the southeast corner of Pennsylvania Avenue and Ninth Street (formerly Washington Avenue); thence North 68 degrees 35 minutes East, 42.60 feet to an iron pin at right-of-way of Riverton Consolidated Water Company, being a 10.00 foot walkway, as shown on the hereinafter mentioned Plan of Lots; thence South 15 degrees East, 151.94 feet to an iron pin; thence North 66 degrees 22 minutes West along Ninth Street, 71.00 feet to an iron pin at land now or late of Louise Lebo; thence North 07 degrees 43 minutes 36 seconds West, 103.68 feet to an iron pin, the point and place of BEGINNING. BEING the easterly portion of Lots Nos. 97 and 98, on the Plan of Washington Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 24. HAVING THEREON ERECTED a one-story dwelling known as 115 N. 9th Street, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James E. Davis, Sr., married man, by Deed from Steven J. Hoffinan and Jeanne D. Hoffinan, his wife, fka, Jeanne Danz Horst, dated 03/24/2006, recorded 03/30/2006 in Book 273, Page 3880. PREMISES BEING: 115 NORTH 9TH STREET A/K/A 115 NORTH NINTH STREET, LEMOYNE, PA 17043-1434 PARCEL NO. 12-21-0267-104 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8670 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From JAMES E. DAVIS, SR (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 $183,287.08 L.L.$.50 Interest from 4/2/10 to Date of Sale ($30.55 per diem) -- $4,888.00 Atty's Comm % Due Prothy $2.00 Atty Paid $174.90 Other Costs Plaintiff Paid Date: 5/3/10 David D. Buell, Proth notary (Seal) By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 161' JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 115 North 9t' Street, a/k/a 115 North Ninth Street, Lemoyne, _ , more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: 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: July 16, July 23, and July 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. 2009-8670 C" Af_ Wells Fargo Bank, NA as Visa Marie Coyne, itor Trustee for ABFC 2006-OPT3 Trust, ABFC S Asset-Backed SWORN TO AND SUBSCRIBED before me this Certificates, Series 2006-OPT3 VS. 30 da of Jul 2010 James E. Davis, Sr. Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8670-CIVIL, WELLS FARGO Notary BANK, N.A. vs. JAMES E. DAVIS, SR., owner of property situate in the BOROUGH OF LEMOYNE, Cumber- land County, Pennsylvania, being NOTARIAL SEAL 115 NORTH 9TH STREETA/K/A 115 DEBORAH A COLLINS NORTH NINTH STREET, LEMOYNE, Notary Public PA 17043-1434. Parcel No. 12-21-0267-104. CARLISLE BOROUGH, CUMBERLAND COUNTY Improvements thereon: RESIDEN- My Co11N Www ExpWs Apr 28, 2014 TIAL DWELLING. JUDGMENT AMOUNT: $183,287- .08. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i4e Patr1*otA1vXrws 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 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 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. 2009-8670 Civil Term Wells Fargo Bank, NA as 07/09/10 Trustee for ABFC 2006-OPT3 07116/10 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 07/23/10 Vs James E. Davis, Sr. Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8670- CIVIL WELLSFARGOBANK, N.A. Sworn to and bscribed before me this A'5 day of August, 2010 A.D. VS. JAMES E. DAVIS, SR ?. owner(s) of property situate in the BOROUGH OFLEMOYNE, Cumberland County. Notary Public (Municipality) Pennsylvania, being 115 NORTH 9TH STREET A/K(A 115 NORTH NINTH STREET, ?C7MI'?iOiVWEALl:+j OF PEIVIVSYLVANIA LEMOYNE, PA 17043-1434 _ (Acreage or street address) NOtaAal Seal Sherrie L. Kisner, Notary public Parcel No. 12-21.0267-104 Lower Paxton Twp., Dauphin County Improvements thereon: RESIDENTIAL My commission Expires Nov. 26, 201i DWELLING "pmt. :,^ nir A::scciatlt?n ?.f rdotri?5 JUDGMENTAMOUNT: $183,287.08 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 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 3rd day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 8670, at the suit of James E Davis Sr against Wells Fargo Bank N A is duly recorded as Instrument Number 201029004. CWhKWdCann, Cady PA does I* Fret Id=* of JuL 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1?? day of