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HomeMy WebLinkAbout10-2678RLEI -,->? 1(-;E T THE 2010 APR 22 AM 10: 44 CU"l, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 235182 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 Defendant File #: 235182 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY O1.06 pt a-0, ctc ? q 3 5 3 sl F ltj y6 4r)_ 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 #: 235182 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: JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/28/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLAGSHIP FINANCIAL GROUP, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200817874. By Assignment of Mortgage recorded 07/25/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200825339. 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 #: 235182 6. The following amounts are due on the mortgage: Principal Balance $180,264.59 Interest $4,434.03 11/01/2009 through 04/20/2010 (Per Diem $25.93) Attorney's Fees $650.00 Cumulative Late Charges $203.03 04/28/2008 to 04/20/2010 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $550-00 Subtotal $186,131.65 Escrow Credit 47R"94) TOTAL $185,652.71 7 Plaintiff is nat seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacan and abandoned. File #: 235182 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $185,652.71, together with interest from 04/20/2010 at the rate of $25.93 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. 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., 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 [2'?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 #: 235182 LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to-wit: Beginning at a point on the North side of Orchard Road at the distance of 153 feet measured in a westerly direction from the western line of Willow Road; thence in a northerly direction along the line of Lot No. 3 on hereinafter mentioned Plan, 178 feet to lands now or formerly of the Philadelphia and Reading Railroad Company; thence in a westerly direction along the last mentioned lands, 83.9 feet to a point; thence in a southerly direction along the eastern line of Lot No. 5 on the hereinafter mentioned Plan of Lots, 142.4 feet to a point on Orchard Road; thence in an easterly direction along the northern line of Orchard Road, 76 feet to a point, the Place of Beginning. Having thereon erected a one and one-half story single brick dwelling house known as 2208 Onccard Road, Camp Hill, Pennsylvania. Being Lot No. 4 on the Plan of Lots known as Spring Lake Colony, laid out by Clarence O. Backenstoss, said Plan being recorded in the Office for Recording of Deeds in and for the County of Cumberland in Plan Book 2, Page 112. Under and subject to easements, rights of way, restrictions, and other matters of prior record. Tax Parcel Identification Number: 13-23-0549-142 PREMISES: 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445 File #: 235182 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. g"'?s CQ r q( Attorney for Plaintiff DATE: y-Z?-1 J File #: 235182 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T t- ~ ; ~_ t ~-, ,. Sheriff ~~`~ i ,~~ '` :~Y ~~~''~`~ 01 ~:r~rt6~rt~~i Jody S Smith ~' ~, ~. ,,, Chief Deputy Zu ~ ~ ~''~~~ ~ ~ ~'~1 G' ~ i'a Edward L Schorpp ~ ;F ~ ~ „~; -4~ k.r~r. ~ ~ ~v~ ~ Solicitor - - - ~ ~ ~ C~;y - ~~ ~~ G ~ ;;.;i . . .,t~.v~- ,,=. Wells Fargo Bank, NA , Case Number vs. John Kreuzer 2010-2678 SHERIFF'S RETURN OF SERVICE 05/04/2010 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: John Kreuzer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant John Kreuzer. Request for service at 2208 Orchard Road, Camp Hill, PA 17011 is vacant. The Camp Hill Postmaster has advised they are unable to forward John Kreuzer's mail. SHERIFF COST: $46.50 SO ANSWERS, -~. May 04, 2010 RON R ANDERSON, SHERIFF s;ci Coun,6uite Snentt, Te;e~sott. uic. PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT JOHN KREUZER AFFIDAVIT OF SERVICE SERVE JOHN KREUZER AT: 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 SERVED CUMBERLAND COUNTY * PHS # 235182 SERVICE TEAM/ ccp COURT NO.: 10-2678-CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action Served and made known to efendant on the day of ~~, 2(Y~ at o _~,;, I~~d~, o'clock' . M., at r , in t e manner des bed below: ~ " Defendant rsonall served. ~r ~ t:t' ~_ 1~ Y w mgr, ~ ~~ ~dult family member with whom Defendant(s) reside(s). ~ ~~'- '®`" --~ r~rt ~~,.__. ' x}~ Relationship is _~ ,, ~ ~, ; ~ , _ Adult in charge of Defendant's residence who refused to give name or relationship. c c,~ ~_ t s': Manager/Clerk of place of lodging in which Defendant(s) reside(s). .T ~...; ~ ~~ Agent or person in charge of Defendant's office or usual place of business. `~" ~ = `-~ `~'~ an officer of said Defendant's company. ~ ~, Other: ~ -+c Description: Age Height ,~~ Weight Race ~,~ Sex ~ Other I, ~~~ // /LI_r_,__/~/OF~~, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure om Taint in the manner as set forth herein, issued in the captioned case on the date and at the address in ' ted above. Sworn to and subscribed c ~-7 before me this day S`" ~'~'`~ ~~ Notary: By: L .• NOT SERVED On the day of , 20_, at o'clock _. M., De ndat~',1~' ~~~ ~sL~e~1C~S _ Vacant _ Bad Address _ Moved _ D s Not ReS~I~~~1!~P Rd. _ No Answer _ Service Refused S~~ other: Mt Laurel, N3 08054 Sworn to and suJscribed offore~~ /~ B > ~ y~ Notary: ATTORNEY FOR PLAINTIFF I~wrecee T. Phelan, Esq., Id. No. 32227 Frands S. HelBnan, Esq., Id. No. 62695 Daniel G. Sehmieg, Esq., b. No. 62205 Mirbde M. Bradfortt, Esq., Id. No. 69649 Jndith T. Romaaq Esq., Id. Nw 58745 B M. ~ Sheetal R Shah-Jana, Esq., Id. No. 81760 Jmine R Davey, Esq., W. No. 87077 PUb4C, NeMt ~ ~J Laarrn R Tabas, Esq., Id. No. 93337 %Q~ ~{ 4 Vivek Srivastava, Fa9., Id. No. 20?331 Jay B. Janes. Esq., Id. No. 86657 Peler J. Malwhy, Esq., Id. No.61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGdnness, Esq., Id. No. 90134 Chrisovahmte P. Ftlakos, Esq., Id. No.94620 Jashw L Gotl~ Faq., Id. No. 205047 Courtawy R Dnnn, Esq, Id. Na 206779 Andrew G BrambklL Esa., ld. No. 208375 One Penn Center at Su~w Station - 1617John F. Kennedy Blvd., $r4e 1400 Philade~hia,PA 19103-1814 (215)563-7000 ~•. 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 A drew L. Spivack, Esq., Id. No. 84439 ~me McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ,Toshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 16]7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. JOHN KREUZER Attorney for Plaintiff, . ,:, 2_ Z~~~.~~J~4 ESQ Fri n T ~t.,!1~~~..... ' ~l. _ ~ i.~~~l ~ Y y~ 1 ~ ~ X44 Y ~Y'r e:'4 ~. Y'. 1 1.. .~~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-2678-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO T1-IE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN KREUZER, 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: ~ ~~• Oo P O ATTy ~# 9~g88c. ~~ a~Yy ~8 Nak~, l~~ As set forth in Complaint $185,652.71 Interest - 04/21/2010 to 06/29/2010 $1,815.10 TOTAL $187,467.81 I hereby certify that (1) the Defendant's last known address is 185 SOUTH THOREAU TERRACE, GALLOWAY, NJ 08205-6511, and mortgaged premises located at 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445, and (2) that notice has been given in accordance with Rule 237.1, copy attached. f~ '`- ~~ 'Q~~/~/~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (, a ~p PHS a z3s i a2 PROTHONOTARY Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. JOHN KREUZER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-2678-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN KREUZER is over 18 years of age and last known address is 185 SOUTH THOREAU TERRACE, GALLOWAY, NJ 08205-6511, and mortgaged premises located at 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,~ ~ ~ ^ La 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 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS JOHN KREUZER CIVIL DIVISION No.10-2678-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ~ By: If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G, Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., [d. 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 ^~'~'eterJ. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTA/NED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v. Plaintiff NO. 10-2678-CIVIL JOHN KREUZER Defendant(s) TO: JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 DATE OF NOTICE: June 9, 2010 CUMBERLAND COUNTY THIS FIlZM I5 A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIIZE 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 PHS # 235182 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIA"TION By: CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 1.7013 /J X717) 249-3166 Lawrence T. Phelar>~q., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. b9849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 / Vivek Srivastava, Esq., Id. No. 202331/ Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235182 WELLS FARGO BANK, N.A. v Plaintiff JOHN KREUZER Defendant(s) TO: JOHN KREUZER 2208 ORCHARD ROAD CAMP HILL, PA 17011-7445 DATE OF NOTICE: June 9, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. ]0-2678-CIVIL CUMBERLAND COUNTY THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS # 235182 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 ,~~ (717) 249-3166 By. ~ v Lawrence elan, Esq., Id. No. 32227 Francis S. allinan, 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. Brambtett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235182 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) __ ___ _ _ _ _ _ _ __. P.R.C.P. 3180=3183 _ _ WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff v JOHN KREUZER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/30/2010 to Date of Sale ($30.82 per diem) TOTAL s ~a~.oo Pa ia~ ~~,so c81~ 9a•oo " 1.00 " a .so `, 174. oo - ~ A~-Ty CiVTL AiViSiON NO. 10-2678-CIVIL CUMBERLAND COUNTY n° $187,467.81 ~ o _ °- :~ -,? =-, ~:, ~~_: 4 992.84 , ' ~`t ~'~' .,_~u~ ,_ ~ ~.~ $192,460.65 - :+ :: X11. Ins w _ ~~~.. ,~ -F-, == ~'~: -;- ~ a •oo Dino ' 50 td. Note: Please attach description of property. PHS # 235182 C* 9810003 ~~ 0?41033/ A~akne~j~ for PTaintii~ y " ~/ ~ Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R: Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Petet 7. 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., ld. No. 208375 ~~~ 'ti W ~ U a> ~ r. ~ W ~n ~ F vi oNo ~o a W~z ~ ~xHQ 3 ~a30 H ~o,~ ~~ ¢ o~~ w~ ''j W " I~ ~ a~ Oa ~~ O~ O~ ~~ O~ ... ~~ ~U d z ~~ .~ ~a a a w 3 > w~ N ~ ~ A ~~ ti 0 U ~~ w a o° O w O~ W ~ ~~ w ., N ~ ~ ~ N `h ~/y pip ~ .-. M ~ ~ C ~ ~ ,,... C ~O M ~ ~ ~ ~ ~ ~ M N ~ pp ~ z O N C y,z o oz oz~o~oaNV~,`Oz °~ ozb ~W W Wd'WW vii y ~'~ HW W.t~W W ~ ..gg A ~' ~~r le~~ o~ aoa^ ^^^a^^^o^o^^^ 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. JOHN KREUZER Defendant(s) Attorneys for Plaintiff r. ~'~~-~_ - ~4~tf COURT OF COMMON PLEAS CIVIL DIVISION NO.10-2678-CIVIL CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) 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: ~~ Atto e f lam ~ ' Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WELLS ~~1RG0 BANK, N.A. Plain%iff V. JOHN KREUZER Defendant(s) _,, ._. - T' ~'~ - t~~~ i; ~. 7 i 117 r""' ~~ :7 "" ;) i i a :t'. COURT OF COMMON PLEAS CIVIL DIVISION NO.10-2678-CIVIL CUMBERLAND COUNTY PHS # 235182 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 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445. 1. Name and address of Owner(s) or reputed Owner(s): Name JOHN KREUZER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may ~, be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 2208 ORCHARD ROAD CAMP HILL, PA 17011-7445 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 3, 2010 By: Attollnej+ fol• Plaintiff ' ~ Phelan Hallinan &Schmieg, LLP ^ La ence T. Phelan, Esq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WE4~~,S FARGO BANK, N.A. JOHN KREUZER ~' ~_. 14.:.. ~,..' COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.10-2678-CIVIL L:±. h! ., i ~' r ~ ~_~ ~ '~ ~ CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 **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 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445 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 $187,467.81 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. a 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 ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2678-CIVIL WELLS FARGO BANK, N.A. vs. JOHN KREUZER owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland (Municipality) County, Pennsylvania, being 2208 ORCHARD ROAD. CAMP HILL. PA 17011-7445 (Acreage or street address) Parcel No. 13-23-0549-142 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $187,467.81 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or pazcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point on the North side of Orchazd Road at the distance of 153 feet measured in a westerly direction from the western line of Willow Road; thence in a northerly direction along the line of Lot No. 3 on hereinafter mentioned Plan, 178 feet to lands now or formerly of the Philadelphia and Reading Railroad Company; thence in a westerly direction along the last mentioned lands, 83.9 feet to a point; thence in a southerly direction along the eastern line of Lot No. 5 on the hereinafter mentioned Plan of Lots, 142.4 feet to a point on Orchard Road; thence in an easterly direction along the northern line of Orchazd Road, 76 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one and one-half story single brick dwelling house known as 2208 Orchard Road, Camp Hill, Pennsylvania. BEING Lot No. 4 on the Plan of Lots known as Spring Lake Colony, laid out by Clarence O. Backenstoss, said Plan being recorded in the Office for Recording of Deeds in and for the County of Cumberland in Plan Book 2, Page 112. UNDER AND SUBJECT to easements, rights of way, restrictions and other matters of prior record. TITLE TO SAID PREMISES IS VESTED IN John Kreuzer, single man, by Deed from Carl K. Christianson and Christine Christianson, h/w, dated 08/28/2007, recorded 08/30/2007 in Instrument Number 200733889. PREMISES BEING: 2208 ORCHARD ROAD, CAMP HII.L, PA 17011-7445 PARCEL NO. 13-23-0549-142 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2678 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 JOHN KREUZER (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 $187,467.81 L.L.$.50 Interest from 6/30/10 to Date of Sale ($30.82) -- $4,992.84 Atty's Comm % Due Prothy $2.00 Atty Paid $179.00 Plaintiff Paid Other Costs Date: 8/5/10 (Seal) REQUESTING PARTY: Name: MICHELE M. BRADFORD, 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. 69849 Deputy PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT JOHN KREUZER SERVE JOHN KREUZER AT: 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHS # 235182 SERVICE TEAM/ kxc COURT NO.: 10-2678-CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 12/08/2010 SERVED Served and made known to JOHN K UZER ,Defendant on the otw_ day of 20Z6, at ' t-1) r-1 clock,4. M., at in the manner descri d below: //Z-O, o ? /)('Defendant personally served. / t _0 rn _ fi "" lt family member with whom Defendant(s) reside(s). Relationship is - iV r 7'3q Adult in charge of Defendant's residence who refused to give name or relationship. ts? - Manager/Clerk of place of lodging in which Defendant(s) reside(s). m _ Agent or person in charge of Defendant's office or usual place of business. ' 's c _ an officer of said Defendant s company. c i Other: Description: Age2CA.Height Weight L Race U_.? Sex M Other t 'v 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 se forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs Abed before e t 's day .? d of 20_16 Jayme B. M. Dobbins Notary Public, New Jersey Notary Commission Expires 05105!2014 Cr SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not I "to I, I _ No Answer on at -Service Refused Other: Sworn to and subscribed before me this day of 7TV By: Notary: rt1?u I pectr.u m Set Vices 400 Felloveship Rd. Suite 250 Mt. Laurel, NJ 08054 ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Fsq., Id. No. 62695 Daniel G. Schmieg, Esq, Id. No. 62205 Michele M. Bradford, Fsq., Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal 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. Muk shy, Esq., Id. No. 61791 Andrew L Spivack, Esq., ld. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. FSakos, Esq, Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courlenay R. Dunn, Esq, Id. No. 206779 Andrew C. Bramble![, Esu, Id. No. 208375 One Penn Center at Subusbaa Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 FiL'E~C=0FPICE' 0~ T~iE PPOTHONOTARY 2~i~1 OCT E 8 PM 2~ t 2 CE1~IBERLp,O COt1NTY P~t~NSYLVAl~IA 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. JOHN KREUZER CUMBERLAND County No.:10-2678-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 235182 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 Apri122, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on June 30, 2010 in the amount of $187,467.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $26.29 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $180,264.59 $10,489.25 $203.03 $1,675.00 $1,140.00 $0.00 $1,630.00 $0.00 $0.00 $0.00 ($0.00) $1,674.81 235182 TOTAL $197,076.68 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 235182 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP ~~~ .. DATE: ~~~ t ~, L O 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 235182 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JOHN KREUZER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-2678-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 235182 I. BACKGROUND OF CASE JOHN KREUZER 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 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 235182 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971}, that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971}. Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 235182 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiffhas 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 dollaz amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. 235182 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 chazge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee 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 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. 235182 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 aze 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 aze required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 235182 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. 235182 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~~' (5 '/ (~ By: LJ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ 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 ^ 3ay B. Janes, Esq., Id. No. 86657 ^ Feter 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 235182 ~i ii Exhibit "A" 2351$2 F1LEQ-t~f ~riCE t~F THE p;~~~C!~QT~RY ZOiO APR 22 Ate iC~ 44 ~~I~~f~~~.,~~t~~~ Phelan Hallinan 8t Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62b95 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. $radford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., id. No. 81760 Janine 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 ATTORNEY FOR PLAINTIFF Peter J. MuM.ahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuiinness, 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 G.13ramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 .One Penn Center Plaza Philadelphia, PA 19103 215-56370120 235182 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEA5 FORT MILL, SC 29715 CIVIL DIVISION Plaintiff v. TERM JOHN KREUZER NO. ~,~ ~ ~ L 7 ~ GAL 185 SOUTH THOREAU TERRACE GALLOWAY, NJ U820S-6511 CUMBERLAND COUNTY Defendant '~RNEY~IC.E Ct~~ ~~1~~ R~TtlR~ 1Ne hereby cert~ ~ w~thln ~ coe arf h lEOrrec py original flied of record File 8: 235182 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 fait to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice far 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 Fits #: 235182 1. Plaintiffis WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The names) and last known address{es) of the Defendant{s) are: JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 who is/are the mortgagors} and/or real owners) of the property hereinafter described. 3. On 04/28/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLAGSHIP FINANCIAL GROUP, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200817874. By Assignment of Mortgage recorded 07/25/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200825339. 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. 10.19(8); 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. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2(}09 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 _...vy r~+itteti-notce sent~to Mortgagor; the~entire princYpal_batance-~and atl-interest-due--.__...---._ _... thereon are collectible forthwith. File l!: 235182 6. The following amounts are due on the mortgage: Principal Balance $180,264.59 Interest $4,434,03 11/OI/2009 through 04!20/2010 {Per Diem $25.93) Attorney's Fees $650.00 Cumulative Late Charges $203.03 04/28/2008 to 04/20/2010 Property Itispections/Property Preservations $30.00 Costs of Suit and Title Search $S~S1.QIl Subtotal $185,131.55 Escrow Credit tsar,. 7 TOTAL $185,652.71 7. Plaintiff is nat seeking a judgrnent of personal liability {or an in pmsQnain judgment) against the Defendants} 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. 8. The mortgage premises are vacant and al?andQned. File q: 233182 WHEREFQRE, Plaintiff demands an in rim judgment against the Defendant{s) in the sum of $185,652.71, together with interest from 04!20/2014 at the rate of $25.93 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. Phel~n, 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 Jeniae R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. Na. 202331 Jay B. Jones, Esq., Id. No. 86657 lseter 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 N: 235182 LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to-wit: Beginning at a point on the North side of Orchard Road at the distance of 153 feet measured in a westerly direction from the western line of Willow Road; thence in a northerly direction along the line of Lot No. 3 on hereinafter mentioned Plan, 178 feet to lands now or formerly of the Philadelphia and Reading Railroad Company; thence in a westerly direction along the last mentioned lands, 83.9 feet to a point; thence in a southerly direction along the eastern line of Lot No. 5 on the hereinafter mentioned Plan of Lots, 142.4 feet to a point on Orchard Road; thence in an easterly direction along the northern line of Orchard Road, 76 feet to a point, the Place of Beginning. Having thereon erected a one and one-half story single brick dwelling house known as 2208 Orhhard Road, Camp Hill, Pennsylvania. Being Lot No. 4 on the Plan of Lots known as Spring Lake Colony, laid out by Clarence O. Backenstoss, said Plan being recorded in the Oi~ice for Recording of Deeds in and for the County of Cumberland in Plan Book Z, Page 112. Under and subject to easements, rights of way, restrictions, and other matters of prior record. Tax Parcel Identif~catioa Number: 13-Z3-OS49-142 PREMISES: 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445 File #: 235182 VERIFICATIQN Vice President of Loan Documentation Xee Moua ,hereby states that he/she is af, 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 hisJher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 1$ Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ('~7iC.. Name: ee oua DATE: ~-22-10 File #: 235182 Name: KREUZER Title: Vice President of Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. 1~ Exhibit "B" 235182 F Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. b2695 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., ld. 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. Fliako5, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramhlett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGQ BANK, N.A. ~ ~:,~~J,MB `` ~~' vs. COU'Tl JOHN KREUZER CIVIL No.10- Attorney for Plaintiff n c . '~ ~~ ~, ~ ~ rnr, ~ i~c~'- C.J - J G ~t C; ~.-} : ~Y l ,' c ;~ ~' ~ l,~ ~! may; ry~ c ru w COUNTY COMMON PLEAS ~.. PRAECIPE FOR IN REM 3UDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN KREUZER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreelasure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: r '' 'y:~:.. ~~._ .' ':1.. '~. As set forth in Complaint Interest - 04!21/2010 to 062912010 TOTAL 5185,652.71 1815.10 $187,4b7.81 I hereby certify that (1) the Defendant's last known address is 185 SOUTH THOREAU TERRACE, GALLOWAY, NJ 08205-6511, and mortgaged premises Iocated at 2208 ORCHARD ROAD, CAMP HILL, PA 17011-7445, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S, Hallinan, Esquire Daniel G. Schrnieg, 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 3. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. FIiakas, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney far Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATEr' DATE: („/__~ 3p AFiS N 235182 l~ l~ Exhibit "C" 235182 1 £0b6L 3ap~dlZ g~Zt~ X000 ,. OLOZ gOl~U W6 Zp ~5'Zt} $_ I1 ~~~1SUd S~~~ '" I ~o 0 o ~ '~ a Cr d ~ "~ o ~ 0 a TS W ~` v =~ ~ v ~" H ~ ~ d O ~ a~ ~ a~ b a ~ a `~ ~, ~ ~ p o ~ ~ ~ V ~ y ~ °a ~ ~ fir, ~/ ~ ~ ~ W a ~ °" d ~ 4. 4 d~ ~ ~ ~ O .a a '`~ ~ O .-, ~~~ z ti a ~'`" I N ~ N rn N Q "xi a a ~. A ~ ~ w~wc°!j , ~ '..a ,.~N ~ O i .t~ R;f=.~- ~'~'`a,,'~,' ` ~. T •~~ •, ~. g ~'~.~ V ~°,g' o .n p 8 ~1;~~_ .~~~~~ ~~~.~ .~ ~ a ~' ~ c E; c e ~g. ~ ~ c o v u ~,~ ~a~ ¢~ ~~~~ ~~~~ ~~ k . '~ ~~w ~C y [-' w c° ~~3 'C~ ~ r3 °' o ~ ~ '~ ~ Z~ ~~~T ~~ ~~ ~.~ ~ w o~e~ o ~~ ~e~ ~~~~~ 8~ ~~~ _ a ~~ ~~ aW oNo N ~~ O '~ ~~ ~~5$~ v H ~ 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 8, 2010 JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 RE: WELLS FARGO BANK, N.A. v. JOHN KREUZER Premises Address: 2208 ORCHARD ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-267$-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, L nbe T. Phelan, E quire F cis S. Hallinan, E uire D 'el G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Es~re Jenine R. Davey, Esquir Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 235182 Jay B. 3ones, 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 235182 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~~ ~ 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 235182 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 JOHN KREUZER v. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-2678-CIVIL CERTIFICATION OF SERVICE 235182 L . ' r 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. JOHN KREUZER JOHN KREUZER 185 SOUTH THOREAU TERRACE 2208 ORCHARD ROAD GALLOWAY, NJ 08205-6511 CAMP HILL, PA 17011-7445 Phel allinan & Schmieg, LLP DATE: ~ c~" l ~J _ C O 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 235182 5 V ^1. i OCT 19 2010 IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. JOHN KREUZER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.:10-2678-CIVIL ~ R/ULE AND NOW, this o2~ ~ day of C.~ ~~ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~¢ M Rule Returnable on the ~y~ day of ~K~Y/L 2010, at D; ~ . in the Perin I?o 5 Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T COURT J. ~ o L-O ~ £.S m~l~a~ ~~ o ~-~ - ~~ --~ ~r ~LLZ£l~ ~~ x o a. ~ ° ~ z ~ _ . ~ o ~"~ ~ 1G~22 ~[D ~' ~61~ ~~ --c ~ .. 2t~1Q i~01~ -3 A~ (0~ i I Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JOHN KREUZER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2678-CIVIL CERTIFICATION OF SERVICE 235182 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. JOHN KREUZER 185 SOUTH THOREAU TERRACE GALLOWAY, NJ 08205-6511 JOHN KREUZER 2208 ORCHARD ROAD CAMP HILL, PA 17011-7445 Phelan Hallinan & Schmieg, LLP DATE: 1t <'L <<t~ By: /fiG _ 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 235182 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. JOHN KREUZER Defendant(s) CIVIL DIVISION No.: 10-2678-CIVIL 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) and/or Certifi4t 44ail Return Receipt stamped by the U.S. Postal Service is attached hereto E * it All ? rence T. Ph n, Esq.; Id, No. 322 7 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 - ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 - ? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id-. No. 202331 Jay B. Jgyzes, Esq., Id. No. 86657 ? Pet Mulcahy, Esq., ld. No. 61791 ndrew L. Spivack, Esq., Id. No. 84439 ds Jaime McGuinness; Esq., Id, No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq.; Id. No. 208375 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 235182 ?o b _ - o ? of £ 0 L 6 L 3U00 dIZ W08=1 0'311VVJ b OIOZ t Ooenv 95ZLLZb000 OOVZO M Zo P C? a 53N&08 A3Nlld C ,t b ? N O F c>F?-Cv o ,,? ? q< G b dy D O b : O b, G _ c N ? ` U C r N o u . ? yy U..? O O I f , W J _ O W O V.' I 111444 rw > .C -? ? m v: ro? r) N O V I ? F•? u.:G F-' Chi } ?11 F4 W y M i «. ?r N 'G YS _ rl O L ?r y W Q ? w v ? w o q y ? o a C o. m l~ e C N G. - N AA N -.. w 1w Z F `? U ?U?U ( :x w D ? '" e ? ?Aa 00 G? w v: b" a z .-f N M it V> ?p t? 00 U +"+ tV M V `' Nd Ng tJ FILE-0-OFFICE 2010 DEC -8 A I0.2C CUMBERLAND "GU TV ENNSYLE'A'!Ii'% Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOHN KREUZER No.: 10-2678-CIVIL Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS 235182 TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 14, 2010 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: By: ` ? Lawrence T. Phelan, Esq., Id. .32227 ? Francis S. Hallinan, Esq., Id. o. 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 235182 t FiLLD OFFiC 20 10 DEC -8 Ali 10: 2C Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOHN KREULER No.: 10-2678-CIVIL Defendant CERTIFICATE OF SERVICE 235182 I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JOHN KREUZER JOHN KREUZER 185 SOUTH THOREAU TERRACE 2208 ORCHARD ROAD GALLOWAY, NJ 08205-6511 CAMP HILL, PA 17011-7445 Phelan Hallinan & Schmieg, LLP DATE: By: 227 ence T. Phelan, Es q., IdD95 ? Francis S. Hallman, Es q., Id. ? 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 JA 235182