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Home My WebLink About10-2552Whelan 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 vP'eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. 236446 MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/KJA TROY YAREMCHAK 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 Defendants FILED-O r-tCE OF TFfE IRPIOT' ;",`40TARY 1010 APR 19 PH 3: 37 Cui`1..1'.. L r? 4ti111 ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Cavil le m NO. IO - 019 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 236446 O $Qa.oo PO ATT-y w* g384a'7 R* ayO q57 • 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 #: 236446 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: MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/28/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200811079. By Assignment of Mortgage recorded 04/09/2008 the mortgage was assigned to PLAINTIFF Mich Assignment is recorded in Assignment of Mortgage Instrument No. 200811080. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 #: 236446 6. The following amounts are due on the mortgage: Principal Balance $176,858.31 Interest $4,922.56 11/01/2009 through 04/16/2010 (Per Diem $29.4764) Attorney's Fees $650.00 Cumulative Late Charges $337.17 03/28/2008 to 04/16/2010 Property Inspections/Property Preservations $15.00 Mortgage Insurance Premium / $143.46 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $183,476.50 Escrow Credit 156.13 TOTAL $183,320.37 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 236446 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 $183,320.37, together with interest from 04/16/2010 at the rate of $29.4764 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. PhelanEsq., 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 PI?Iy B. Jones, Esq., Id. No. 86657 eter 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 #: 236446 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Elm Street, said point being sixty (60) feet measured along Elm Street in a northwesterly direction from the Northwest corner of Linwood and Elm Streets; thence in a southwesterly direction along the dividing line between Lots Nos. 16 and 17, Section 1, on the hereinafter mentioned plan of lots, one hundred fifty (150) feet to a twenty (20) foot alley thence in a northwesterly direction along said alley sixtyfive (65) feet to a point; thence in a northeasterly direction on a line parallel with Linwood Street one hundred fifty (150) feet to Elm Street; thence in a southeasterly direction along Elm Street, sixty-five (65) feet to the Place of BEGINNING. BEING Lot No. 16 and the southern twenty (20) feet of Lot No. 15, Section 1, of the Plan of Cumberland Manor as recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 56, thereon erected a two story brick and frame dwelling house. PARCEL NO: 26-23-0543-376 PREMISES: 1712 ELM STREET File #: 236446 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. I I Attorney for Plaintiff DATE: I File #t: 236446 a . Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. 3radford, 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 ~ '•~ ~ cam - Jaime McGuinness, Esq., Id. No. 90134 ra ~, ~; ~_; Chrisovalante P. Fliakos, Esq., Id. No. 94620 _ ~, Joshua I. Goldman, Esq., Id. No. 205047 - ~ _; ~ourtenay R. Dunn, Esq., Id. No. 206779 _ ...._ ~ ~ ' } '- Andrew C. Bramblett, Esq., Id. No. 208375 • d .~ ,~ =: 1617 JFK Boulevard, Suite 1400 °" -` One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2552 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MAREN K. SCOTT. A/K/A MAREN SCOTT, and TROY J. YAREMCHAK A/K/A TROY YAREMCHAK. 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: #I~.op Po p'M C1~ 4~~8?D ~' ay55S8 f As set forth in Complaint $183,320.37 Interest - 04/17/2010 to 07/19/2010 2 770.78 TOTAL $186,091.15 I hereby certify that (1) the Defendant's last known addresses are 30 TERRACE PLACE, NEW CUMBERLAND, PA 17070-2459, and 128 S LOCUST POINT RD, MECHANICSBURG, PA 17055-9709, and mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ence .Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires" Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~~`_ rxs a 236aa6 PROTHONOTA Y Phelan Hallinan & Schmieg, LLP By: Lawrence 7'. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA l 9103 215-563-7000 WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2552 CIVIL TERM 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 MAREN K. SCOTT A/K/A MAREN SCOTT is over 18 years of age and last known addresses are 30 TERRACE PLACE, NEW CUMBERLAND, PA 17070- 2459, and 128 S LOCUST POINT RD, MECHANICSBURG, PA 17055-9709, and mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. (c) that defendant TROY J. YAREMCHAK A/K/A TROY YAREMCHAK is over 18 years of age and resides at 1712 ELM STREET, NEW CUMBERLAND, PA 17070- 1221. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS MAREN K. SCOTT A/K/A . MAREN SCOTT , TROY J. YAREMCHAK A/K/A . TROY YAREMCHAK . CIVIL DIVISION No. 10-2552 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on v 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 ^ 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 ~ourtenay 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 ANYINFORMATION 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK. N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v NO. 10-2552 CIVIL TERM MARF,N K. SCOTT, A/K/A MAREN SCOTT CUMBERLAND COUNTY TROY J. YARFMCHAK, A/K/A TROY YARFMCHAK Defendant(s) "I'O: MAREN K. SCOTT, A/K/A MAREN SCOTT 128 S LOCUST POINT RD MECHANICSBURG, I'A 17055-9709 DATF, OF NOTICE: June 29, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMP`fING TO COLLECT A DEBT. THIS NO"f-ICE IS SEN"f TO YOU IN AN ATTEMPT TO COLLECT THE INDEE3TEDNF..SS REFERRED "I-O HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED F'OR THAT PURPUSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRf_-:SPONDENCE IS NOT AND SHOULD NOT BE CONS"TRUED TO BE AN ATTEMP"i" 'f0 COLLEC`f A DEBT-, BUT ONLY AS ENFORCEMENT OF LIEN AGAINS"f PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT"TEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRCT(NG WITH THE COUR"f 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 SI-lOULD "TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO-f FIAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB[_E "f0 PROVIDE YOU W(TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EL[GfBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS it 236446 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOC[ATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 By: Lawrence T. Phela , sq., 1d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., [d. No. 62205 Michete M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. S874S ~eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., [d. No. 87077 Lauren R. Tabas, Esq., 1d. No. 93337 Vivek Srivastava, I:sq., Id. No. 20233 I Jay B. Jones, Esq., (d. No. 86657 Peter J. Mulcahy, Esq., [d. No. 61791 Andrew 1,. Spivack, Esq., [d. 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 ~ 2;6446 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL D[VTSON Plaintiff v MAREN K. SCO"CI', A/K/A MAREN SCOTT "TROY J. YAREMCHAK, A/K/A TROY YAREMCHAK NO. 10-2552 CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: MAREN K. SCOTT, A/K/A MAREN SCOTT 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 DATE OF NOTICE: June 29, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT' A DEBT. THIS NOTICE IS SEN'T' TO YOU IN AN ATTEMPT "f0 COLLECT THE INDEBTEDNESS REFERRED TO HI~RE[N, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.TF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE (N BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF L[F.N 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 COt1RT 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 RIGI~TS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H[R[NG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE "f0 PROVIDE YOU W[TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EL{GHEE PERSONS AT A REDUCED FEE OR NO FEE. P!-lS :i ?36446 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIAI'[ON CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717} 249-3166 By: Lawrence T. Phel ,Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., td. No. 58745 ~Sfieetal R. Shah-Jani, Esq., Id. No. 81760 .lenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., (d. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., [d. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esy., (d. No. 84439 .taime McGuinness, Esq., td. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 9462'0 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., ld. No. 206779 Andrew C. Bramblett, Esq., ld. No. 208375 Phelan Hallinan &Schmieg, LLP .1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19(03 PI-{S # 236446 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 10-2552 CIVIL TERM MAREN K. SCOT"t', A/K/A MAREN SCOT"I' CUMBERLAND COIN"TY 1-ROY ,I. YAI~IMCHAK, A/K/A TROY YAREMCHAK Defendant(s) T'O: MAREN K. SCOTT, A/K/A MAREN SCOTT 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 DATr OF NOTICE: June 29, 2010 TI-I[S FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS N01'ICE IS SEN"f "I'O YOU IN AN ATTEMPT 1'O COLLECT THE INDEBTEDNESS REFF..RRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BL'• USED FOR THA"f PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONS`fRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF L[EN AGAINST PROPERTY. YOU ARf IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR"f 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 NO"f HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE S£T FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. [F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE "f0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER [.EGAL SERVICES ~I'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS ti' 236446 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA t 7013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARL[SLE, PA 17013 (7 i 7) 249-3 166 ;. By: Lawrence T. Phel Esq., [d. No. 32227 Francis S. Hallinan, Esq., td. No. 62695 Daniel G. Schmieg, Esq., [d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ,ludith T. Romano, Esq., Id. No. 58745 ~8heetal 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., (d. No. 86657 Peter J. Mulcahy, Esq., (d. No. 61791 Andrew L. Spivack, Esq., fd. No. 84439 ,laime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., ld. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., td. 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 # 236446 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff MAREN K. SCOTT, A/K/A MAREN SCOTT TROY J. YAREMCHAK, A/K/A TROY NO. 10-2552 CfV[L TERM CUMBERLAND COUNTY YAREMCHAK Defendant(s) TO: TROY J. YAREMCHAK, A/K/A TROY YAREMCHAK 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 DATE OF NOTICE: June 29, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU [N AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED "f0 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 CONS"TRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF L[EN AGAINS"f PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND F[LE IN WRITING WITH THE COUR"f 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. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H[R[NG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W[TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES "I'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 236446 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOC[ATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 S By: Lawrence T. Phelan, sq., 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., ld. No. 58745 fSheetal R. Shah-Jani, Esq., [d. No. 81760 ,lenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id, No. 93337 Vivek Srivastava, Esq., ld. No. 202331 Jay B. Jones, Esq., [d. No. 86657 Peter J. Mulcahy, Esq., 1d. No. 61791 Andrew L. Spivack, Esq., Ld. No. 84439 .[aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 .loshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., ld. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PIiS ~ 236446 C K 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 v MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A!K/A TROY YAREMCHAK Defendant(s) To the Prothonotary: Amount Due issue writ of execution in the above matter: NO. 10-2552 CIVIL TERM CUMBERLAND COUNTY $186,091.15 2 Interest from 07/20/2010 to Date of Sale ($30.59 per diem) TOTAL 0 4014.00 Ps ATr/ 15g(0, 30 C gA.oo K oo a-50 4'x88.80 - PO AT" Note: Please attach description of property. PHS 9 236446 & g9lq 1.5 E?d471 t t .A,d JUuW $ 4,343.78 $190,434.93 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 ? J ith T. Romano, Esq., Id. No. 58745 Wheetal 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 -D w u? x Q x U H O ? `r' C14 O C) ¢ o a, f?-W¢ UWQ CU W ?- ?WU ?3 ?WU oN3 d w? oa ?a a? a? Oa ?H o? O? FA Od U ww U d z z a a w 3 > x v H? o? z d d? ?d OW ztiQ 0 H 0 H U w? W o 00 F ? O W O ? ? an w O N ? ? O ?7 Q\ M N Z ? 00 NO?OO?vi cn V 00"0 d' N M A O prp 6 p M N 0?0 z N ON p py O O O z Z o?0 OMi ON N o 6 0 "?O p 0 'Z ??zzz cj 0 o o °? ?i.Zz ?zz b a;C2 zzz00F+?UbW ti?O s ww oW Eel ?ww ww Cd q) o 1:4 0.l ?F"x?cs= QH c °.a v i°-(D >U W 4) y N v°i O sue.. a ???? ?OCI???C?C]OO? AL LEGAL DESCRIPTION ALL THAT CERTAIN piece of land, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Elm Street, said point being sixty (60) feet measured along Elm Street in a northwesterly direction from the Northwest corner of Linwood and Elm Streets; thence in a southwesterly direction along the dividing line between Lots Nos. 16 and 17, Section 1, on the hereinafter mentioned plan of lots, one hundred fifty (150) feet to a twenty (20) foot alley thence in a northwesterly direction along said alley sixty-five (65) feet to a point; thence in a northeasterly direction on a line parallel with Linwood Street one hundred fifty (150) feet to Elm Street; thence in a southeasterly direction along Elm Street, sixty-five (65) feet to the Place of BEGINNING. BEING Lot No. 16 and the southern twenty (20) feet of Lot No. 15, Section 1, of the Plan of Cumberland Manor as recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 56, thereon erected a two story brick and frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Maren Scott and Troy Yaremchak, by Deed from Judy Ann Dillen and Ralph E. Dillen, dated 03/28/2008, recorded 04/09/2008 in Instrument Number 200811078. PREMISES BEING: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 PARCEL NO. 26-23-0543-376 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2552 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 MAREN K. SCOTT a/k/a MAREN SCOTT TROY J. YAREMCHAK a/k/a TROY YAREMCHAK (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 $186,091.15 L.L.$.50 Interest from 7/20/10 to Date of Sale ($30.59 per diem) -- $4,343.78 Atty's Comm % Atty Paid $288.80 Plaintiff Paid Date: 8/20/10 Due Prothy $2.00 Other Costs 411, Proth notary (Seal) REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 By: Deputy 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. solo Aur, ao PM 91:30 MAREN K. SCOTT AIKIA MAREN SCOTT TROY J. YAREMCHAK A/KIA TROY YAREMCHAK Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-2552 CIVIL TERM : 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 unsworn falsification to authorities. 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 ? Judith T. Romano, Esq., Id. No. 58745 ff 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 A NYELLS FARGO BANK, N.A. Plaintiff V. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2552 CIVIL TERM CUMBERLAND COUNTY PHS # 236446 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 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. 1. Name and address of Owner(s) or reputed Owner(s): Name MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 Address (if address cannot be reasonably ascertained, please so indicate) _o C 6a d W 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. I 7., Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 16, 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 ZSheetal 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 610(0 AOC, 40 pM Plaintiff CIVIL DIVISION 0231 , VS. NO. 10-2552 CIVIL TERM MAREN K. SCOTT A/K/A MAREN SCOTT CUMBERLAND COUNTY TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY 1712 ELM STREET YAREMCHAK NEW CUMBERLAND, PA 17070 1712 ELM STREET NEW CUMBERLAND, PA 17070 "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 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $186,091.15 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Elm Street, said point being sixty (60) feet measured along Elm Street in a northwesterly direction from the Northwest corner of Linwood and Elm Streets; thence in a southwesterly direction along the dividing line between Lots Nos. 16 and 17, Section 1, on the hereinafter mentioned plan of lots, one hundred fifty (150) feet to a twenty (20) foot alley thence in a northwesterly direction along said alley sixty-five (65) feet to a point; thence in a northeasterly direction on a line parallel with Linwood Street one hundred fifty (150) feet to Elm Street; thence in a southeasterly direction along Elm Street, sixty-five (65) feet to the Place of BEGINNING. BEING Lot No. 16 and the southern twenty (20) feet of Lot No. 15, Section 1, of the Plan of Cumberland Manor as recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 56, thereon erected a two story brick and frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Maren Scott and Troy Yaremchak, by Deed from Judy Ann Dillen and Ralph E. Dillen, dated 03/28/2008, recorded 04/09/2008 in Instrument Number 200811078. PREMISES BEING: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 PARCEL NO. 26-23-0543-376 F~Lf;O-€~FF1CF QF Th'F PROTNONO~'a~~'' 2~IQ ACT I S A1~9 I I: ~~ CUM~E~LA"~~ Cp~!~ ~ "~' ~'E1~~~~YLVANi~, 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County MAREN K. SCOTT A/K/A MAREN SCOTT No.: 10-2552 CIVIL TERM TROY J. YAREMCHAK . A/K/A TROY YAREMCHAK Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 236446 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 19, 2010, a hue and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on July 20, 2010 in the amount of $186,091.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $176,858.31 Interest Through December 8, 2010 $11,761.26 Per Diem $29.48 Late Charges $337.17 Legal fees $1,300.00 Cost of Suit and Title $1,573.80 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $358.65 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 5uspense/Misc. Credits ($0.00) 236446 Escrow Deficit TOTAL $1,794.88 $194,059.07 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 236446 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: t O~ l~h`~ C~ 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236446 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County MAREN K. SCOTT A/K/A MAREN SCOTT No.: 10-2552 CIVIL TERM TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 236446 I. BACKGROUND OF CASE MAREN K. SCOTT AiK/A MAREN SCOTT and TROY J. YAREMCHAK A/K/A TROY YAREMCHAK executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was cleaz that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled fox Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 236446 Home Mort ag_ a Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortaa~e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur~~i v. Cion~oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 236446 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third parry real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 236446 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg, enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 236446 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 236446 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 236446 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~ E~ f (~ ((~ By: Phelan Hallinan & Schmieg, LLP ~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 Attorney for Plaintiff 236446 Exh' "A" ~- i 236446 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 r. .~ : aancis 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. 817b0 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. Fiiakos, 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 Plaintiff v. 236446 MAREN K. SCOTT A/K/A MAR]EN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 Defendants o ~ ATTORNEY ~• C ~. w w. ..s COURT OF COMMON PLEAS CIVIL DIVISION TERM n CUMBERLAND COUNTY CIVII, ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~ithtn to ~~ Hof the ~d Correct c©~Y origins flied of ~~~ ~~~~{ Flt~ic ~~'`~i ~ pL~~S~ R~~~ , File #: 236446 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 axe 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. Yau may Iose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO i 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 MAYBE ABLE i 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 LBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 (800) 990-9108 File #: 236446 1. 2. 3. 4. 5. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known addresses} of the Defendants} are: MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCI-iAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 who is/are the mortgagor{s) and/or real owner(s) of the property hereinafter described. On 03/28/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200811079. By Assignment of Mortgage recorded 04/09/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200811080. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 12!01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to znalce such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all inerest due thereon are collectible forthwith. File #: 236446 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2009 through 04/16/2010 (Per Diem $29.4764) Attorney's Fees Cumulative Late Charges 03!28/2008 to 04/lb/2010 Properly Inspections/Property Preservations Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search Subtotal Escrow Credit TOTAL $176,858.31 $4,922.56 $650.00 $337.17 $15.04 $143.46 550.00 $183,476.50 156.13 $183,320.37 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment} against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of I-Iomeowner'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 Plaintii~ ale ~: 236446 or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 $183,320.37, together with interest from 04/16/2010 at the rate of $29.4764 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged properly. PHELAN HALLINAN & SCHMIEG, LLP By: LJ Lawrence T. Phela~Esq., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. b2205 ^ Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. S874S ^ 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 ^ ,day B. Jones, Esq., Id. Na. 86657 (]'Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Td. 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 #: 236-046 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Elm Street, said point being sixty (60) feet measured along Elm Street in a northwesterly direction from the Northwest corner of Linwood and Elm Streets; thence in a southwesterly direction along the dividing line between Lots Nos. 16 and 17, Section 1, on the hereinafter mentioned plan of lots, one hundred fifty (150) feet to a twenty (20} foot alley thence in a northwesterly direction along said alley sixty~five (65) feet to a point; thence in a northeasterly direction on a line parallel with Linwood Street one hundred fifty (150} feet to Elm Street; thence in a southeasterly direction along Elm Street, sixty-five (65} feet to the Place of BEGINNING. BEING Lot No. 16 and the southern twenty (20) feet of Lot No. 15, Section 1, of the Plan of Cumberland Manor as recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 56, thereon erected a two story brick and frame dwelling house. PARCEL NO: 26-23-OS43-376 PREMISES: 1712 ELM STREET File #; 236446 VERIFICATION Xee Moua ,hereby states that he/she is Vice President of Loan Dfpcumentation WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, WELLS FARGO BANK, N.A, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ Name: Xee Moua DATE' 4-20-10 , Title: Vice President of Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 236446 Name: SCOTT Exhibit "B" ___~- 236446 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. Na. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schxnieg, Esq., Id. No. 62205 Michele M. 3radford, 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. 8707? Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Feter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No;~~ $4439 Jaime McCruinness, Esq., Id. N~i. 90134 _, .., . Chrisavalante 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 21S-S63-7000 WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A!K/A MAREN SCOTT Attorney for Plaintiff ..~ -~ :zil; a . ` ~~ ~~. .. CUMBERLAND COUNTY n G C7 TI ~~ ~,~, r~; ~ t.-. t,~ ~= ':~ - -.-, =_>: .. "~ c~ COURT OF COMMON PLEAS CIVIL DIVISION TROY J. YAREMCHAK AIK/A No. 10-2552 CIVIL TERM TROY YAREMCHAK `~ • ..y,~.~• ~".; ~. PRAECIPE FOR IN REM NDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MAREN K. SCOTT AiKiA MAREN SCOTT, and_TROY J. YAREMCHAK A!K!A TROY YAREMCHAK. _, ~, `, y.j °, _,., ;-, :{ Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure acid sale of the mortgaged premises, and. assess Plaintiff s damages as follows: As set forth in Complaint $183,320.37 " Interest -04/17/2010 to 0'1!19!2010 $2.770.78 TOTAL $186,09I.1S I hereby certify that (1) the Defendant's last known addresses are 30 TERRACE PLACE, ~ . NEW CUMBERLAND, PA 17070-2459, and 128 S LOCUST POINT RD, MECHANICSBURG, PA 17055-9709, and mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221, and (2) that notice has been given in accordance with " Rule 237.1, copy attached. rence .Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire " Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires-'~ Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~~ rHS ~ 236446 PROTHONOTAR ~/ Exhi~`C" 236446 ~ o ~s ~ 3aoodiz woa~ a~idw OIOZ LO1~ 9gZLLZb000 O~~.ZO $ w~ Zo 53Nbe A3NLd ~ s~~~~ .> 3 w 3 z w ~; z 4 E` ~ a C. W a U ~ a ^O W N E" ,~ .•, d M d d S Q a a ~ ~ a ~ ti ~ ~ ~ Or; y Oe ~ v H ° H o ~ i v r ~+ + V1 0 c a3 ~~ ~ ea4 `°4 F °o a ~ Fa ~ ~~~~ ~ ~~ ~ z ~v~~ ~ 7a aC v ~ ~ ~ V M N M N <~' a x , a b d ~ ~ ~ G 0~ ze;O .a 5 'LSOd ~~y o ~ c E'" o 'd P. C.. F Q o a 00 N O U k~ W U z ~ C" W F ~ O ~ ti ~ ~ ~ ~ Oo w~„ N a ~ ~a C° G7 O Oa U u ~ ~z a a C e M ~ N w la A yu•~ Ly1., L" O U o ,5 ~ v ~ ~ E .S ~' N ~•~s E°~'v' ~~~~ ~.~d= ~~ ° ~~ x W o ~ ~ o~ ~~~~ ~~~A~~ O. C ~b~~ v~~ ~; ~ ~. ~ ~ ~~~ 'd `u Ew b~~$~, ~~~~~ p 7 v . ~ ,Oj b ~ ~ O t7 N N a X p. ~ ~y, .~ ~ G ~.r ~~ _.~ ~~o~~ ~ ~ H.C ^ I g ~ o ~N ~~ o. ~b ~ ~ . °~ ~ 'G ~ O a> P ~~~~o S~ ~~ H~a .~ .~ x a ~ o ~ a n°. w V N ~o 00 a z~ ~~ Ha IM I~ IN {~ 1h ~ I N 00 ~ '"' ~ N `S fA ~~ H zH ~~ F~ ~o M N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 7, 2010 MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE NEW CUMBERLAND, PA 17070-2459 RE: WELLS FARGO BANK, N.A. v. MAREN K. SCOTT, A/K/A MAREN SCOTT and TROY J. YAREMCHAK, A/K/A TROY YAREMCHAK Premises Address: 1712 ELM STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-2552 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V Il n~`e'Y'.IPheaan, Esquii~' Fr cis S. Hallinan, Esquire 'el G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire 236446 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 Enclosure 236446 VERIFICATION I hereby state that I am the attorney far Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~~1(~ {(~ By; - - Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236446 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County MAREN K. SCOTT A/K/A MAREN SCOTT No.: 10-2552 CIVIL TERM TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendants CERTIFICATION OF SERVICE 236446 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MAREN K. SCOTT MAREN K. SCOTT A/K/A MAREN SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK TROY J. YAREMCHAK A/K!A TROY YAREMCHAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE 1712 ELM STREET NEW CUMBERLAND, PA 17070-2459 NEW CUMBERLAND, PA 17070-1221 MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A!K/A TROY YAREMCHAK 128 S LOCUST POINT RD MECHANICSBURG, PA 17055-9709 Phelan Hallinan & Schmieg, LLP DATE: (~t1~1 ~ L D BY~ ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236446 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: WELLS FARGO BANK, N.A. v. MAREN K. SCOTT, A/K/A MAREN SCOTT and TROY J. YAREMCHAK, A/K/A TROY YAREMCHAK CUMBERLAND County CCP, No. 10-2552 CIVIL TERM Dear Sir or Madam: Enclosed for filing please fmd Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, ~~ L nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 236446 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquir.~~ Andrew C. Bramblett, Esquire Enclosure cc: MAREN K. SCOTT A/K!A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 236446 AFFi, pAOF SERVICE PLAINTIFF ~' CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 236446 DEFENDANT SERVICE TEAM/ kxc MAREN K. SCOTT A/K/A MAREN SCOTT COURT NO.: 10-2552 CIVIL TERM TROY J. YAREMCHAK A/K/A TROY YAREMCHAK SERVE MAREN K. SCOTT A/K/A MAREN SCOTT AT: TYPE OF ACTION 30 TERRACE PLACE XX Notice of Sheriff s Sale NEW CUMBERLAND, PA 17070-2459 SALE DATE: 12/08/2010 SERVED Served and made known to MAREN K. SCOTT ,Defendant on the ~~ay of $(cPTpN9~, 2010 , at 5S o'clock ~. M., at in the manner described below: [Defendant personally served. IVEw CwNBgsQ(,tjWD~ /~~ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: w Desc-r~ipt"ion: Age /'D s Height ~ Weight ~ ~S Race W Sex Other I, _ /w1Vr~D /v1,pC-l., a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case ol~ the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this day NOTARY PUBLIC of SF.~r , 20L0. STATE OF T1EW JERSEY Not By: Ml' COMMISSION EXPIRES MARCH 1, 20t3 NOT SERVED On e f , 20_, at _ o'clock _. M., Defendant NOT FOUND because: ~ Vac _ Does Not Exist _ Moved _ Dces Not Reside (Not Vacant) ~ o No An er on ar at -p3 0 - ;~"t • _ Service Refused ~ ~ , • ~ _~ ~ "~ Other: Z~ I-- --i ~. Sworn to and subscribed -<r' _ t3l ~~ before me this day f"Z ° ' ""tom 'T1 1VOtai'3': TT ~ F~ pIaLN~ IA ~T EPhdY ~ r ~ © ~!"~7 .aa ren ce en o 3zzz7 E'rands S. IIa Wun, Esq., Id. No. 62695 j. z y+ , Dankl G. Schmkg, Esq., Id. No. 62205 Michele M. B~adfoN, Esq., id. No. 69849 ~") ~'' '~ ~ Judah T. Ramona Esq., Id. No. 58745 "'~ SheeLi R Shah-Jani, Faq., ld. No. 81760 Jenloe R Davey, Esq., Id. No. 87077 I.eo~en R Tebas, Esq., id. No.93337 VPoek Srivastava, Esq., Id. No. 202331 Jay B. JaKa, Esq., Id. No. 86657 Peter J. Mokahy, Esq., Id. No. 61791 Aodtew L Spivack, Esq., hl. No. 84439 Jahne McGuinness, Esq., W. Nw 90134 Chrhnvolan4 P. FBakas, Esq., Id. No.94620 Jaofiow I. Goklmon, Esq„ Id. No. 205047 Couttenoy R Dung Esq., hL No.206779 Andrew G Brambktl~. No. 208375 O P t C i ne mn en er a/ Sfat m 1617 JoM F. Kennedy Blvd., Snlte 1400 PhilodelPlda, PA 19103.1514 (215)563.7000 7n ~l ~F1<rED-G~'EICE ,r, ~OF THE P+~JTHC~fiOTAi, i zQ ~ a oc~ ~ o ~ z~ ~ ~ ~'I.~ME~ER~.,~~~D CO~F1T ~' f~EE~SYLV;~~A OCT. ~ 8 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS F,~RGO BANK, N.A. II Plaintiff v. MAREN .SCOTT A/K/A M N SCOTT TROY J. REMCHAK A/K/A TR Y YAREMCHAK Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2552 CIVIL TERM RULE AND NI~W, this j U `"- day of 010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. /~-, AEI Rule Re ~ able on the w~ day of 2010, at ~~"36 . in n 05 Courtroom f the Cumberland County Courthouse, Carlisle, Pennsylvania. t~~,S' ~ .~ e. , ~ . s~~ ~~ to j~~rv ~~ BY THE COURT ~ - r J. 236446 _ ~ 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 ~LCt3-;`~tCE ~ , 2~iD ~O~l -3 1ai~i i0~ Q~ CU~~r3EF~L~E~?:~ ~~?1~~T ~` ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK CUMBERLAND County No.: 10-2552 CIVIL TERM Defendants CERTIFICATION OF SERVICE 236446 _ . I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of December 10, 2010 was sent to the following individual on the date indicated below. MAREN K. SCOTT MAREN K. SCOTT A/K/A MAREN SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK TROY J. YAREMCHAK A/K/A TROY YAREMCHAK A/K/A TROY YAREMCHAK 30 TERRACE PLACE 1712 ELM STREET NEW CUMBERLAND, PA 17070-2459 NEW CUMBERLAND, PA 17070-1221 MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 128 S LOCUST POINT RD MECHANICSBURG, PA 17055-9709 Phelan Hallinan & Schmieg, LLP C,. ` DATE: ~ ~~ ~" 1~ By: ..'~ ._._,1. ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236446 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK AIKIA TROY YAREMCHAK Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No.: 10-2552 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) andfor ertI ie? Mail Return Receipt stamped by the U.S. Postal Service is attached hereto ibit "A Lawrence helan, Esq., Id. No. 32227 ? Francis allinan Es q.; Id. No; 62695 ? Dani . Schmieg, Esq., Id. No. 62205 [] Michele M. Bradford; Esq., Id. No. 69849 m [Judith T. Romano, Esq., Id. No. 58745 - - ? Sheetal R. Shah-Jani, Esq., Id. No, 91760 Jenine R. Davey, Esq., Id. No. 87077 p ? Lauren R. Tabas, Esq., Id. No. 93337 Vivek S ' astava, Esq., Id. No: 202331 Jay . Jones, Esq., Id. No. 86657 [ er J. Mulcahy, Esq,, Id. No. 61791 Andrew L. Spivack, Esq.; Id. No. 84439 ? Jaime ]McGuinness, Esq., Id. No, 90134 r--, ? Chrisovalante P. Fliakos, Esq., Id, No. 94620 m ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R; Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: IMPORTANT ?OTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the Dlaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 236446 M i" EO}},,166.6Zo 3000&Z VV08_q ?3,,VVV . s 95zC'j? 0 eo SIM N,d C 9 O _ I b ? NNy 0 F.n N r7 N a O ? ? V ? N <C a a d' Q Ca F w N C 00 irEi- A, c o v ?e??W _lZa v? 16, ci?v ? dEH? ?i? Oaw 10=01 G??aA i °?>n? ?W ..7 c v? o °' ?? ccv cwa «?i Frj ?dr??W d o a?Q ?Uaa.- o >0 3 vn w a? - -? gz CL Of17 a s ?- Gr7 _ U o d [ ,° c d w W E' > rs' .4 0 ti a b aoi d U °' L v° o n °- a o oa o O o-7. F O F r r a o E5 L CS o. v *' ca ° C4 -? " R! O W O ??zN3 sz Lo as?d L.3 Ww?da?`cax a OaF?W o oM Cl o aai0 co'.?va? ?N c`nOa. ZEx,d Wh`?.?p Z A U r. u U E o x .? Z k x ff E ? x : c I '.ro ` 0 7 G ?> E c a :c v ro N y V° ° o c w ? '9 R N m . b o a M ?w ? i 4 ° F . . k.t ? C wLti._ .. w. C O ?"tU ? N O ^^ N U ni E r+? . b ? a ? o O U Q C.' ° a W F H z W LY U v wO o Iro t VJ d 16 00 O.V ?^ 0. . f PHELAN HALLINAN & SCEUMEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. VS. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Court of Common Pleas Civil Division Cumberland County No. 10-2552 CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT C-) C N c C7 rn e a te{ r? Z? ? `tt - r Co E) C7 C- 1- 3 :2-- 3 Z .?? CC' Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, by first class mail and certified mail to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK at the mortgaged premises, 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221, posting of the mortgaged premises, 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, personally with the Notice of Sale have been unsuccessful. The Plaintiff attempted to serve the Defendant at the mortgaged premises, 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 and found the property to be vacant. The parents of the Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, reside at 128 S LOCUST POINT RD, MECHANICSBURG, PA 17055-9709. The defendant does not reside at 30 TERRACE PLACE, NEW CUMBERLAND, PA 17070-2459. As indicated by the Affidavits of Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert entered an order for the reassessment of damages dated October 20, 2010. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on NOVEMBER 22, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's NOVEMBER 22, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of December 7, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the premises and by publication. Dated: Respectfully submitted, Phelan Hall' c eg, LLP By: Lawrence T. P sq., 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. 20233 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 6 EXHIBITA AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY NVFLLS FARGO BANK, N.A. PITS # 236406 DEFENDANT SERVICE TEAM) btc MAREN K. SCOTT A/K/A MAREN SCOTT COURT NO.. 10.2552 CIVIL TERM TROY J. YAREMCHAK A/K/A TROY YAREMCHAK SERVE TROY J. YAREMCHAK A/K/A TROY YAREMCHAK AT: TYPE OF ACTION 1712 ELM STREET XX Notice of Sheriff's Sale NEW CUMBERLAND, PA 17070.1221 SALE DATE: 12M&02010 SERVED Served and made known to TROY L YAR - CHA1K , Defendant on the _ day of . 20 at o'clock ,. M., at in the manner described below: _ Defendant personally served. _ Adult firmly member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. _ Manger- eak of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other. Description: Age Height Weight Race Sex L a competent Adak, being duly sworn according to law, depose and staff that I personally handed a true and c oirecx copy of the Notice of Sheriff's 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 of 20 Notary: By_ NOT SERVED On the -24 day of t F 20(0 • at Leto o'clock M., Defendant NOT FOUND because: vacant _ Does Not Exist Moved _ Does Not Reside (Not Vacs No Answer on 9 2j1o at . 51t6 to at S'$ ?ServiceRefusa?>tx ' -•~ q'iG1'fd Q .R> 15 ? .. - . Am Dlsct.e-sso -r4,r 'pPFENI/1?T Y?7ED 1 AI}ow£ ?7t?Tgc7 Wh-S Other. Afibre C-111-47--VA992) "SuL-7*J& IN Sworn to and aubbod PRo v l dE ?} Dl'aftFs, s . • y?yA F( ?C(,! IU , N(r ts, before me this day of Notary: /??`/ A&?- T.ehd, ass„ NL N. 32W n..?r. s. ai.R Ls. li H. cats w.rar.. sa.rA ty, at. x. eras ea?re er. asra?{ ? ra n.. aMw Ja?Zaa?,rSy,rirM l?7K aawrtta?dWKttw ri,warraa in" L Dmw% 0116 SL W M" r....a rr.stiw KIMBERLY CORTY NOTARY PUBLIC a°d?"• ?'s'a`'M°t' W JERSEY ???4,tix..crrn STATE OF NEW M,un.tux MY COMMISSION EXPIRES MARCH 7, l0I r *AW1LHL2WU JmbmLG c..?e.e..,4.tittosw» ?.c r.x.ssns oar,?o Mw r. tmJ+.r..? a?rwr t'W?y1i,M ?Ifl4 RI!) aCLTa1a L"HISIT A AFFIDAVIT OF SERVICE PLAIN`IW CUMBERLAND COUNTY WELLS FARGO BANK, N.A. pt #23(,446 DEFENDANT MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK SERVE TROY J. YAREMCHAK A/K/A TROY YAREMCHAK AT: 128 S LOCUST POINT RD MECHANICSBURG, PA 17055-9709 ***please rush service*** SERVED SERVICE TEAM/ kac COURT NO.: 10-2s52 CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/0812010 20 _, at Served and made known to TROY J YAREMCHAK Defendant on the _ day of o'clock _. M., at , in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Weight Race Sex Other 1 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. Description: Age Height Sworn to and subscribed before me this day of , 20_ .. Notary: By: NOT SERVED On the j4:?'day of C)MpW , 2010, at7' o o'clock ?, M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved ?Does Not Reside (Not Vacant) 4 ?4pft=S' Ve51DFNcE _ No Answer on at at Service Refused Other: Sworn to and sus ibed before m this day A EY F R Notary: T. ad.,, Fe°' ld. Na = 1 nom& S. 62695 Frdc S. Hareay Beg. Id. Na " D.Ad G Sch"M EMH It Na 62205 Mhide M. BmdMd. Eq.. N. Na f90d9 9745 JdMh T. R.ur.o, Eaq., hl N. 1K1iv1U RLY SbOW RSh hJal.&6 K No. 81760 p,i G* p Jobe a Dam, Ew, Id. No. 87077 RY pUBLLa?aT.c.aFaq,ld.No.9= D NOTA vh tSdvw&x% aq„ Id.Na.202331 N ,q, J4a]aaaa 6Sq Id No 86657 AT4 ? - . A R paerJ. Mdehy. Emil., Id.14o.61791 ' " I C) ? • ? l+?1CC1?: L' '' Andrew L Spnaek F216 Id. Nm U439 l?jl ? l ?41 i Jabk M.Gw m . FAq, Id. Na. 90134 ---- ter Chd+owlrte P. n*69, Faq.. Id. W 94620 Joaba L Gddare. Faq, Id. Na 205097 C.wt.y R Deow. Faq, Id. Na. 206779 Aadlew c 9alapldLL FeO, ld. N,.208375 t Sudo one Pm Coley a 1617 Jer F. K"nedy-, SWk 1400 phibddpW PA 19103.1814 (215) 56337M0 EXHIBITA AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 236446 DEFENDANT SERVICE TEAM/ kxc MAREN K. SCOTT A/K/A MAREN SCOTT COURT NO.: 10-2552 CIVIL TERM TROY J. YAREMCHAK A/K/A TROY YAREMCHAK SERVE TROY J. YAREMCHAK A/K/A TROY YAREMCHAK AT: TYPE OF ACTION 30 TERRACE PLACE XX Notice of Sheriffs Sale NEW CUMBERLAND, PA 17070-2459 SALE DATE: 12/0812010 SERVED Served and made known to TROY J. YAREMCHAK , Defendant on the _ day of , 20 -, at o'clock _. M., at in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , 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 of 20_. Notary: By: LL? NOT SERVED On the ?21ay of 59~W, 20W, at :SSo'clock -? M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist - Moved ? Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and sued May y before r 7, of J ? ?B MBs UY C?RTY K1 RY PU911C NOTA Aw IERSE`l MAweH1,2413 ?{E 0F is STEs' N to 01AM 0 "144-4" ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Ilalinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq, 1d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romeno, Esq, Id. No. 58745 sheen R Shah-Jana, Esq, Id. No. 81760 Jenne R Davey, Esq, Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq, Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack, Esq, Id. No. 84439 Jaime McGuinness, Esq. Id. No. 90134 Chdsovalenie P. FBakos, Esq., Id. No. 94620 Joshua 1. Goldman, Fsq., Id. No. 205047 Courteney R Damn, Esq, Id. No. 206779 Andrew C. Braroblett, Fsa_ Id. No. 208375 One Penn Center at Subu a Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103.1814 (215)563.7000 EXHIBIT B AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 236446 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Maren K. Scott &' Troy J. Yaremchak Current Address: 1712 Elm Street, New Cumberland, PA 17070 Property Address: 1712 Elm Street, New Cumberland, PA 17070 Mailing Address: 1712 Elm Street, New Cumberland, PA 17070 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Maren K. Scott - xxx-xx-9031 Troy J. Yaremchak - xxx-xx-4526 B. EMPLOYMENT SEARCH Maven K. Scott & Troy J. Yaremchak - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Maren K. Scott reside(s) at: 1712 Elm Street, New Cumberland, PA 17070& Troy J. Yaremchak reside(s) at: 128 South Locust Point Road, Mechanicsburg, PA 17055. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Maren K. Scott & Troy J. Yaremchak. B. On 10-12-10 our office made a telephone call to a possible phone number of the subject(s) (717) 774-3618 and received the following information: spoke with an unidentified male who confirmed that Maren K. Scott & Troy J. Yaremchak reside(s) at: 1712 Elm Street, New Cumberland, PA 17070. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-12-10 we reviewed the National Address database and found the following information: Maren K. Scott - 30 Terrace Place, New Cumberland, PA 17070 & Troy J. Yaremchak -1712 Elm Street, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. EXHIBIT IV. OTHER INQUIRIES A. DEATH RECORDS As of 10-12-10 Vital Records and all public databases have no death record on file for Maren K. Scott & Troy J. Yaremchak. V. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Maren K. Scott -12-30-1976 Troy J. Yaremchak - 01-01-1977 B. A.K.A. Maren K. Tezik; Maren L. Tezik * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements' made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to ,tlie penalties of-18-Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT (r?(\ Sworn to an bed bXore me this 15 day of The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ENID ESTRADA NOTARY R"OFN WJEP'S'S y PHELAN HALLINAN & SCHMIEG, L.L.P Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Kristin.Cooke@fedphe.com Kristin M. Cooke, 1271 Service Department November 22, 2010 Representing Lenders in Pennsylvania and New Jersey MAREN K. SCOTT A/K/A MAREN SCOTT and TROY J. YAREMCHAK A/K/A TROY YAREMCHAK 1712 ELMSTREET NEW CUMBERLAND, PA 17070-1221 RE: WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A/K/A MAREN SCOTT and TROYJ. YAREMCHAKAXIA TROY YAREMCIL4K Premises Address: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 Cumberland County, No. 10-2552 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by NOVEMBER 29, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin M. Cooke for Phelan, Hallinan & Schmieg LLP 13 ?-IIBIT C iA o g , N o r N Q ? D• Z Fri z b ? ? ? y ? I l/ o a a . Cy ro a tj a x a o y O ? o 'C O Y a N N O N a M ? ? 0 7 F? cb cJQ ?' z x ? ;o ag.? ? 77 a Lz ° z cn°05'y ^ C o 5'?c •°y• n ? ? 1 ? y ?n n° m69a p 7 'ti O 0 0 0 < ^ N ? ? ?o C n S ? ? .? O F D c ?P PO% d 9 F mw ? . PITNEY BOWES CD C ? 5f°U3N' , $ 01.26° 021M 1-9 . g = ' 0004277256 NOV 22 2010 Q e D FROM ZIP CODE 19 10 3 F g B MAILE 19 7 . m _ faD -- ?? ? w G A d ?, A I I Rte' o~i ? a ? m ? ?o a O H. 0 b a? 0 0 7 D? A Z 4oA, ?n y? PHELAN HALLINAN & SCEDREG, 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. VS. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-2552 CIVIL MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption 7 mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Dated: \ ?10/T l? Respectfully submitted, Phelan By: Lawren96 helan, Esq., Id. No. 32227 Francis S. linan, 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 ell-Z 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 9 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. i `? l Dated: ` V 0--? Respectfully submitted, Phelan Hall' eg, LLP By: / 7Z? 5 Lawrence elan, 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 10 PHELAN HALLIINAN & SCE94MG, 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. VS. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-2552 CIVIL CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. TROY J. YAREMCHAK A/K/A TROY YAREMCHAK: 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Dated: Phelan Hallinan & Scbmiea, LLP By: Lawrenc T. helan, sq., 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 12 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendants CUMBERLAND County No.: 10-2552 CIVIL TERM ORDER AND NOW, this l day of ? -, V , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through December 8, 2010 Per Diem $29.48 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion $176,858.31 $11,761.26 $337.17 $1,300.00 $1,573.80 $0.00 $75.00 $0.00 236446 Mortgage Insurance Premium / Private Mortgage Insurance $358.65 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,794.88 TOTAL $194,059.07 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH COURT J. c C= -rl rn C3 rri (nr-' rn ipit s J7??y?r arl r ?q 236,446 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK r-? Civil Division § No. 10-2552 CIVIL ` ` ? ORDER AND NOW, this d day of 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, by: 1. Posting of the premises: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. 2. First class mail to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK at CD the mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070- 1221; and 3. Certified mail to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK at the mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. 236446-KXC r Cory e-kl?t Id-11c) / ?o 2 m? x7 CD ? -n --? r n Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schin Esyy., Id. No. 62205 Michele M. Bradford, Es .., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine Davey, Esq., Id. No. 87077 Lauren. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. No 86657 Peter J. Mulcahy, tsg., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime MpGumness, Esq., Id. No. 90134 Chrisovalante P. Fltakos,Esqq., Id. No. 94620 Joshua l Goldman, Esq., Id. o. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penh Center Plaza Philadelphia, PA 19103 215-56317000 WELLS FARGO BANK, N.A. Plaintiff, V. MAREN K. SCOTT A/K/A MAREN SCOTT TROY 1. YAREMCHAK A/K/A TROY YAREMCHAK Defendant(s). rncj rri 5 cn o r .nw- T p c c? CD -ry = - CDr ` C- T CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2552 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK on DECEMBER 22, 2010, in accordance with the Order of Court dated DECEMBER 10, 2010. The property was posted on DECEMBER 31, 2010. Publication was advertised in CUMBERLAND LAW JOURNAL on DECEMBER 31, 2010 & in THE SENTINEL on DECEMBER ;k6 2010. The undersigned understands that this statement is made subject to the penalties fi 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. PHELAN Dated: 1 1 2U(1, 1 ,LLP Lawrence T dan, Esq., Id. No. 32227 F , . Hallinan, Esq., Id. No. 62695 ?D iel G. Schmieg, Esq., Id. No. 6220 Michele M. Bradford, Esq., Id. No. 849 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 -Allison Wells, Esq., Id No. 309519 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Civil Division vs. No. 10-2552 CIVIL MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK ORDER AND NOW, this day of? 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, TROY J. YAREMCHAK A/K/A TROY YAREMCHAK, by: 1. Posting of the premises: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. 2. First class mail to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK at the mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070- 1221; and 3. Certified mail to TROY J. YAREMCHAK A/K/A TROY YAREMCHAK at the mortgaged premises located at 1712 ELM STREET, NEW CUMBERLAND, PA 17070-.1221; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. 236446-KXC 2 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHS # 236446 DEFENDANT MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK SERVICE TEAM/ kxc COURT NO.: 10-2552 CIVIL TERM SERVE TROY J. YAREMCHAK A/K/A TROY YAREMCHAK AT: TYPE OF ACTION 1712ELM STREET NEW CUMBERLAND, PA 17070-1221 ****PLEASE POST PER COURT ORDER**** Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: WO SZP.4 P XX Notice of Sheriffs Sale SALE DATE: 02/02/2011 SERVED Served and made known to TROY J. YAREMCHAK , Defendant on the s day of eQntlSER, 20 10 11-11 , o clock A-. M., at 1712, ELh Sr, N ^S4klgeAt in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Description: Age Height Weight Race Sex Other 1, ? A& "-, a competent adult, being duly sworn according to law, depose and state that I personally Nmb 1 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 11 ST day KIMBERLY CURTY By: 61 STATE OF NEW JERSEY Ktheay 2Of' . NOTARY PUBLIC NOT VED MY COMMISSION EXPIRES MARCH 7, 2013 20_, at - o'clock _. M., Defendant NOT FOUND because: an - Does Not Exist _ Moved No Answer on at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: - Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Frands S. Hainan, Esq, Id. No. 62695 Daniel G. Sdunk , Esq, Id. No. 62205 Mkbde M. Bradford, Esq., Id. No. 69849 Judith T. Romans, Esq, Id. No. 58745 Sheetal R Shah-Jan6 Esq, Id. No. 81760 Jenhce 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. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jahne McGuinness, Esq., Id. No. 90134 Chrisovalame P. FSakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq, Id. No. 205147 Courtenay R. Dunn, Esq, Id. No. 206779 Andrew C. Breenblett, Esq, Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Phikalelphia, PA 19103-1814 (215)563.7000 A n :0 0 Z Vi A w N O o oo J O? in A w N ,< N M z F G. iF iF iF iF iF M• iF # * * aF ?F c •k il• iF •Ik 'M• iF •I? iF iF # M 0 0 y ?C 0 mb c ? ? y n Fn ? ? a c w 3 O n O a b b 0 V I ES ti AR 02 , 277256 $01-260 00042 , MAILED FROM DEC2 2 ZIPCODE 1 9100 3 d ?a A y a O adz bar > Wiz o x e ? A 0 0 1? VInIIA Inil IIIIIIIII?II?I 7178 2417 6099 0073 6607 4 / KXC RESTRICTED DELIVERY TROY J. YAREMCHAK 1712 ELM STREET NEW CUMBERLAND, PA 17070-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) LISPS - Track & Confirm Track & Confirm Search Results Track & Confirm FA Qs Label/Receipt Number: 7178 2417 6099 0073 6607 Expected Delivery Date: December 24, 2010 Track & Confiritt Class: First-Class MalI0 Enter Label/Receipt Number. Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 10:39 am on January 21, 2011 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, January 21, 2011,10:39 am, PHILADELPHIA, PA 19103 • unclaimed, January 14, 2011, 9:02 am, MECHANICSBURG, PA • Notice Left, December 27,2010,12:36 pm, MECHANICSBURG, PA 17055 • acceptance, December 22, 2010,4:52 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, December 22, 2010 Nodfication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. tia> Return Receipt (Electronic) Verify who signed for your item by email. f? Site Mao Customer Service Forms Gov't Services Careers CopyrightQ 2010 USPS. All Rights Reserved. No FEAR Ad EEO Data F01A Page 1 of 1 Nv_a y Poky Terms of Use Business Customer Gateway http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 01/24/2011 M e Home I H-Op I Sian In t- .. - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 tParie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 31 day of December, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 31, 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. CUMBERLAND LAW JOURNAL NO'T'ICE OF SHERIFF'S BALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-2552-CIVIL TERM WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT a/k/a MAREN SCOTT & TROY J. YAREMCHAK a/k/a TROY YAREMCHAK NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: TROY J. YAREMCHAK a/k/a TROY YAREMCHAK Being Premises: 1712 ELM STREET, NEW CUMBERLAND, PA 170701-1221. Being in NEW CUMBERLAND Township, County of CUMBERLAND, Commonwealth of Pennsylvania. Parcel Number 1: 26-23-0543- 376. Improvements consist of residen- tial property. Sold as the property of MAREN K. SCOTT a/k/a MAREN SCOTT & TROY J. YAREMCHAK a/k/a TROY YAREMCHAK. Your house (real estate) at 1712 ELM STREET, NEW CUMBERLAND, PA 171070-1221 is scheduled to be sold at the Sheriff's Sale on FEBRU- ARY 2, 2011 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $186,091.15 obtained by WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Dec. 31 7 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Retail Sales Manager of The Sentinel, of the Coianty and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 26, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBEMAND COUNTY, PENNSYLVANIA NO.10-2552-0IYIL TERM WELLS FARGO BANK, N.A. VS. MAR EN K. SIY T AWA MAREN SCOTT & TROY J. YAR£MCH14 A/K/A TROY AREAK A NOTICE TO: J. YAREMCHAK AMUA TROY YAREMCHAK NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" , Being Premises: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 Being in NEW CUMBERLAND Township, County of CUMBERLAND Commonwealth of Pennsylvania Parcel Numberl: 26-23-0543-376 Improvements consist of residential.property. Sold as the property of MAREN K. SCOTT A/K/A MAR&N, SCOTT $ TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Your house (real estate) at 1712 LM T T {y 17070-1221 is scheduled to be sold at the Sheriffs. 2 11 at 1 ?; at the CUMBERLAND Coun C Court Judgm nt 186 91.15 by, ? bemuon IV se to an Re dw (the mortgagee),ofagainst the aboobtaveined Premises. ELLS FAaQQ Q PHELAN HALLINAN & SCHMtEQ, LLP Attorney for Plaihtiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are u . Sworn to and sub ribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN F'ECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ' 0i 11, 01 7'1 ! .t Wells Fargo Bank, NA vs. Maren K. Scott (et al.) Case Number 2010-2552 SHERIFF'S RETURN OF SERVICE 10/21/2010 08:35 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 10/21/10 at 2035 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 Marn K. Scott and Troy J. Yaremchak, located at, 1712 Elm Street, New Cumberland, Cumberland County, Pennsylvania according to law. 10/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Troy J. Yaremchak, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Troy J. Yaremchak, address at 1712 Elm Street, New Cumberland, PA is VACANT, defendant did not leave a physical forwarding address at the Post Office. 10/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maren K. Scott, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Maren K. Scott, defendant does not reside at 1712 Elm Street, New Cumberland, PA 17070, property is vacant. 12/02/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on February 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, NA, 3476 Stateview Boulevard, Fort Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $787.54 SO ANSWERS, March 14, 2011 RON R ANDERSON, SHERIFF t1g.00"d . WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff ' CIVIL DIVISION V. NO. 10-2552 CIVIL TERM MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY YAREMCHAK CUMBERLAND COUNTY Defendant(s) PHS # 236446 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 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. Name and address of Owner(s) or reputed Owner(s): Name MAREN K. SCOTT A/K/A MAREN SCOTT 2. 3 TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 1712 ELM STREET NEW CUMBERLAND, PA 17070-1221 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. 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. WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 10-2552 CIVIL TERM MAREN K. SCOTT A/K/A MAREN SCOTT CUMBERLAND COUNTY TROY J. YAREMCHAK A/K/A TROY YAREMCHAK Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAREN K. SCOTT A/K/A MAREN SCOTT TROY J. YAREMCHAK A/K/A TROY 1712 ELM STREET YAREMCHAK NEW CUMBERLAND, PA 17070 1712 ELM STREET NEW CUMBERLAND, PA 17070 "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 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $186,091.15 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Elm Street, said point being sixty (60) feet measured along Elm Street in a northwesterly direction from the Northwest corner of Linwood and Elm Streets; thence in a southwesterly direction along the dividing line between Lots Nos. 16 and 17, Section 1, on the hereinafter mentioned plan of lots, one hundred fifty (150) feet to a twenty (20) foot alley thence in a northwesterly direction along said alley sixty-five (65) feet to a point; thence in a northeasterly direction on a line parallel with Linwood Street one hundred fifty (150) feet to Elm Street; thence in a southeasterly direction along Elm Street, sixty-five (65) feet to the Place of BEGINNING. BEING Lot No. 16 and the southern twenty (20) feet of Lot No. 15, Section 1, of the Plan of Cumberland Manor as recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 56, thereon erected a two story brick and frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Maren Scott and Troy Yaremchak, by Deed from Judy Ann Dillen and Ralph E. Dillen, dated 03/28/2008, recorded 04/09/2008 in Instrument Number 200811078. PREMISES BEING: 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 PARCEL NO. 26-23-0543-376 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2552 Civil CIVIL ACTION -LAW COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From MAREN K. SCOTT a/k/a MAREN SCOTT TROY J. YAREMCHAK a/k/a TROY YAREMCHAK (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) thegarnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering an 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 notify him/her that he/she has been added as a of anyone other than a named garnishee, you are directed to garnishee and is enjoined as above stated. Amount Due $186,091.15 L.L.$.50 Interest from 7/20/10 to Date of Sale ($30.59 per diem) -- $4,343.78 Atty's Comm % Atty Paid $288.80 Plaintiff Paid Date: 8/20/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 1712 Elm Street, New , Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator 4? The Patriot-News,Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Ile Patti* ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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: 2010-2552 Clvll Term Wells Fargo Bank, NA 10/15/10 Vs Maren K. Scott, a/k/a Maren 10/22/10 scm Troy Sz Yaremchak, aWe Troy Yaremchak Att D i 10/29/10 y. an el G Schmleg .... By virtue of a Writ of Execution N0.10-2552 CIVIL TERM WELLS FARGO BANK, N.A. vs. MARENKSCOT7'A/K/AMARENSCOT`F r Sworn to a?d su cribed f re me this 10 day?f November, 2010 A.D. TROY J. YARELMCHAK AXA TROY YAREMCHAK owner(s) of property situate in the BOROUGH "- C OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being Notary Public (Municipality) 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221 Parcel No. 26-23-0543-376 (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING JUDGMENT AMOUNT: 186 091.15 ? Notarial seal , Sherrie L Klsner, Notary Public i Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Dennsvlvanla Association of Notaries 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: October 22, October 29, and November 5, 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. L' a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this C: ? /) d. 5 da of November 201 . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2552 Civil Wells Fargo Bank, NA vs. Maren K. Scott, a/k/a Maren Scott, Troy S. Yaremchak, a/k/a Troy Yaremchak Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-2552 CIVIL TERM WELLS FARGO BANK, N.A. vs. MAREN K. SCOTT A/K/A MAREN SCOTT, TROY J. YARELMCHAK A/K/A TROY YAREMCHAK, owners of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland Coun- ty, Pennsylvania, being 1712 ELM STREET, NEW CUMBERLAND, PA 17070-1221. Parcel No. 26-23-0543-376. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: 186,091- .15. 109 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 2nd day of Februar A.D., 2011, under and by virtue of a writ Execution issued on the 20th day of Au ust, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2552, at the suit of Wells Fargo Bank N A against Maren K aka Maren Scott & Troy J Yaremchak aka Troy is duly recorded as Instrument Number 201108156. IN TESTIMONY WHEREOF, I have her unto set my hand and seal of said office this ?y day of A.D. Recorder of Deeds ?b d ErYsfrRAtMoad?Can?4