The URL can be used to link to this page

Home My WebLink About10-4364r Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. 226896 FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 Defendants FILEC -O 2010 JUL -2 AM 11 Gl","ATY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /Q- Y3Gy a,, 'l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 226896 4704 0 j- 9q 5-0 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 #: 226896 I. 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: FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/07/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PRIMELENDING, A PLAINSCAPITAL COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Document ID 200808053. By Assignment of Mortgage recorded 02/24/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201004663. 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 05/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 226896 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $156,355.92 Interest $13,012.27 04/01/2009 through 06/17/2010 (Per Diem $29.45) Attorney's Fees $650.00 Cumulative Late Charges $415.20 03/07/2008 to 06/17/2010 Property Inspections/Property Preservations $0.00 Mortgage Insurance Premium / $123.76 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $1,916.93 Subtotal $173,024.08 Suspense Credit ($1,273.94) TOTAL $171,750.14 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 k: 226896 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $171,750.14, together with interest from 06/17/2010 at the rate of $29.45 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 &/SCVMIEG, LLP By: L encee T. Phelan, Esq., Id. o. 32227 Fr cis S. Hallinan, Esq., Id. o.62695 D iel G. Schmieg, Es q., Id o. 62205 ? ichele M. Bradford, Esq., Id. No. 69849 ? J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 ?Ienine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 226896 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of a public street or right-of-way (50 feet wide), at corner of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of said public street and/or right-of-way, North eighty-five (85) degrees East, one hundred and zero one-hundredths (100.00) feet to a stake at corner of Lot No. 18 on the hereinafter mentioned Plan of Lots; thence along the line dividing Lot Nos. 17 and 18 on said Plan, North five (05) degrees, zero (00) minutes West, one hundred sixty-nine and zero one- hundredths (169.00) feet to a stake; thence South eight-five (85) degrees, zero (00) minutes, zero (00) seconds West, one hundred and zero one-hundredths (100.00) feet to a stake at corner of Lot No. 16 on the hereinafter mentioned Plan of Lots, aforementioned; thence along the line dividing Lot Nos. 16 and 17 on said Plan, South five (05) degrees, zero (00) minutes, zero (00) seconds East, one hundred sixty-nine and zero one-hundredths (169.00) feet to a point in the northern line of the public street or right-of-way aforementioned, at the point and place of BEGINNING. HAVING thereon erected a one and one-half story family dwelling with aluminum siding. BEING the same premises which Richard C. Stang, single man, by deed dated October 7, 1996 and recorded October 22, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 147, Page 900, granted and conveyed unto Gerald P. Stang, whereby the Estate of Gerald P. Stang, is the GRANTOR HEREIN. PREMISES 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 PARCEL NO. 38-13-0985-018A File #: 226896 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 awhnritiPc DATE: v File #: 226896 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~~' ~_r'__, ~~~-',,;, Sheriff .r T~ , v `" r' ~~~ti~ti~~, +~~ ~a+t+~i~~,~ .. 't Jody S Smith . Chief Deputy ~ '~~;.~' Zt;« ~u~_ 3 ~~ ~`i'1 G~ ~t ;iY t. +' ~'4 . L'.1Y~, ~l~L Richard W Stewart ~ ` `'° Solicitor Wells Fargo Bank, NA vs. Case Number Frank K. Varner (et al.) 2010-4364 SHERIFF'S RETURN OF SERVICE 07/06/2010 06:24 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2010 at 1824 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Frank K. Varner, by making known unto himself personally, at 8 Smiley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. l~ AMA DA COBAUGH, DEP 07/13/2010 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: Shawna L. Varner, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Shawna L. Varner. Frank K. Varner, current resident of 8 Smiley Drive, Mechanicsburg, PA 17050 and the defendant's ex husband advised Deputies, Shawna L. Varner is thought to be residing in Dillsburg, PA. The Mechanicsburg Postmaster has confirmed Shawna L. Varner has moved and left no forwarding address. SHERIFF COST: $58.00 July 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Shenft. Teleosoit. Inc. -,~ ~ ~~~ .. .. f.t~v Cli ~V l:. - ~ ~-li.ilY~ t ~~ + ~~n. 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. 9333? Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4364 CIVIL FRANK VARNER A/K/A FRANK K. CUMBERLAND COUNTY VARNER SHAWNA L. VARNER Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 226896 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmi~g, LLP ?~rnev for Plaintiff By: - ~~ ^ L rence T. Phelan, Esq Id. No. 32227 ^ F a cis S. Hallinan, Esq , Id. No. 62695 ^ D iel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Ju ' h T. Romano, Esq., Id. No. 58745 ^ eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-9-10 PHS #: 226896 VERIFICATION Vice President of Loan Documentation Jennifer G. Payne ,hereby states that he/she is of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter 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 ofhis/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. DATE: 6-30-10 File #: 226896 C Name: J 'fer G Title: Vice President of Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. Name: VARNER Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4364 CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffls Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 PHS #: 226896 SHAWNA L. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 Phelan Hallinan &Schmieg, LLP A~tornev for Plaintiff /l U reifl~T Phelan, q., Id. No. 32227 ^ r ncis S. Hallinan, sq., Id. No. 62695 ^ niel G. Schmieg, Esq., Id. No. 62205 ^ ichele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-9-10 PHS #: 226896 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. FiLF.O-OFFICE OFF '"'F 1ROTHONOTA 20100 SE 27 All 10: 21 iii°`MLf.O 003.{p,€, Ex atS i f ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY FRANK VARNER No. 10-4364 CIVIL A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: Seaernheok2ffl /jrm, Svc Dept. File# 226896 PHELAN , LLP ? Lawrence T. P an, Esq., Id. No. 32227 ? Francis S. llinan, Esq., Id. No. 62695 ? Daniel . 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 Sr' va, Esq., Id. No. 202331 ? Jay ones, Esq., Id. No. 86657 ? ter 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 41o.a cled -RA 1ooSasl .288,783 t, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank. N.A. Civil Division VS. No. 2010-4364 Frank Varner a/k/a Frank V. Varner Shawna L. Varner ORDER S Q y)?l p t-'' } Zy rv ? '? c) C) -n AND NOW, this U ' day of `d-/f ilrr, Ar..- 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 Complaint and all future pleadings on Defendant, Shawna L. Varner, by: 1. Posting of the premises: 8 Smiley Drive, Mechanicsburg, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to Shawna L. Varner at the mortgaged premises located at 8 Smiley Drive, Mechanicsburg, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. THE COURT: J. Cc: -Frank Varner a/k/a Frank V. Varnar and Shawna L. Varner 8 Smiley Drive Mechanicsburg, PA 17050 E-?Iq? A . S, uQc.k- _ PHS# 226896/JRM 2 Qf //D 5 r~ .-, 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 21s_sF3-7noo Wells Fargo Bank, N.A. Plaintiff vs. Frank Varner a/k/a Frank K. Varner Shawna L. Varner Defendant(s) 'OF ~`~~ F ~ NON TARY 2010 QCT f 8 f'~1 2~ f 7 CU' ~S~RL~,Np COUNTY ~~N5Y~,VANIA COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 10-4364-civil ~r~ AFFIDAVIT OF SERVICE OF COMPLAINT BY MAii. PT1R~iIANT Tn (''niTRT nRnF.R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, return, to the following person Shawna L. Varner at 8 Smiley Drive, Mechanicsburg, PA 17050, on 14LL5C1Q, in accordance with the Order of Court dated 09/28/10. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: nctnher 15,E PHELAN.HALLINAN~B~ISCHMIEG, LLP By: ~ Lawrenc T. P elan, Esq., . No. 32227 Francis .Hal inan, Esq. d. No. 62695 Daniel . Sc 'eg, E ., Id. No. 62205 Michele M. Brad ord, 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 J ime McGuinness, Esq., Id. No. 90134 ~hrisovalante 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 PHS# 226896 JRM 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 2~s_s~~_~ono WELLS FARGO BANK, N.A. . Plaintiff vs. .. G'~ T6-~~ ~ E i i t o;~ ~°t~Ji~~~L ~~~Y ~'~G ~~T ! ~ ~° ~~ P 7 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY FRANK VARNER A/K/A FRANK K. No. 10-4364 CIVIL VARNER . SHAWNA L. VARNER Defendants O Flo. oo P4 h'r7~/ ~~ a~4~9 j TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALI/IlVA~4C S~HMIEG, LLP By:. Date: Octnher 15,E U Lawren helan, Esq. Id. No. 32227 ^ Franci . H linan, Esq Id. No. 62695 ^ Daniel G. Sc ieg, E ., Id. No. 62205 ^ Michele M. B ,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 hrisovalante 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 /jrm, Svc Dept. File# 226896 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff d.~'~~ip of Litq~6rr~~y~ Jody S Smith .,;. Chief Deputy O u; . '~ r-.~,k , 2". ~~i, t:.~?'i Richard W Stewart ~ -~k': F.. Solicitor c~'t-~ "F ~ h~ ~"~~'~'' Wells Fargo Bank, NA Case Number vs. 2010-4364 Frank K. Varner (et al.) SHERIFF'S RETURN OF SERVICE 10/22/2010 04:39 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2010 at 1639 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shawna L. Varner, pursuant to order of court by posting the premises located at 8 Smiley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according to law. 4 I EL BARRIC PUTY SHERIFF COST: $43.00 October 25, 2010 SO ANSWERS, ..~ RON R ANDERSON, SHERIFF 4^~ ~ .71 ~„~ ~, "~ +."'3 ~ ~. ~~ ~~ _ ~~~ Y7r ~ ~..J ~~ ~~ .,+.~ ~ t,~ ~~ n aw,° (c) CauntySuite Shenfr, Telaosoft, Inc. r t 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. ]vo. 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 L 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 Wells Fargo Bank, N.A. VS. Frank Varner a/k/a Frank K. Varner Shawna L. Varner A FOR PLAINTIFF Court Of Comm' n Pleas Civil Division Cumberland County No. 10-4364 Civil I hereby certify that service of the Civil Action Complaint in made in accordance with the Court Order dated 09/28/10 as indicated By publication as provided by Pa. R.C.P. Rule 430(b)(1) Foreclosure was in Cumberland T.aw Journal on 10122/10 and The Sentinel on 19/20/10. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificatigR4,o authorities. hel Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 322 27 Francis S. Hallinan, Esq., Id. No. 6269 Daniel G. Schmieg, Esq., Id. No. 6220 Michele M. Bradford, Esq., Id. No. 69 49 Judith T. Romano, Esq., Id. No. 58745 Sheeta d. Shah-Janis Esq., Id. No. 81 60 Jen' e R. Davey, Esq., Id'. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331. Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 9013 Chrisovalante P. Fliakos, Esq., Id. No. 946: Joshua I. Goldman, Esq., Id. No. 2050,17 Courtenay R. Dunn, Esq., Id No. 2067 9 Andrew C. Bramblett, Esq., Id No. 20 375 Attorneys for Plaintiff Date: November 4, 2010 PHS# 226896- JRM { PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1 .1784 COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Jo rnal, of the County and State aforesaid, being duly sworn, according to law, deposes and says t at the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the C ounty and State aforesaid, was established January 2, 1952, and designated by the local courts as he 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 publica tion 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, 2010 Affxant further deposes that he is authorized to verify this state ment by the Cumberland Law Journal, a legal periodical of general circulation, and that he is no 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. ----"'? Lisa arie oyne - Edi r SWO TO AND SUB CRIBED before me this 22 day of October, 2010 Notary NOTARIAL DEBORAH A Notary P CARLISLE BOROUGH, CU My Commission Evil EAL OLLINS blic BERLAND COUNTY s Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-4364-Civil Wells Fargo Bank, N.A. v. Frank Varner a/k/a Frank K. Varner, Shawna L. Varner NOTICE TO Shawna L. Varner: You are hereby notified that on July 2, 2010, Plaintiff, Wells Fargo Bank, N.A., filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County Pennsylvania, docketed to No. 10-4364-Civil. Wherein Plain- tiff seeks to foreclose on the mortgage secured on your property located at 8Smiley Drive; Mechanicsburg, PA 17050 whereupon your property would be sold by the Sheriff of Cum- berland County. You are hereby notified to plead to the above referenced Complannt on or before 20 days from the date of this publication or a Judgment will be entered against you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 22 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you, without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. PROOF OF PUBLICATIOT State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Markeof The Sentinel, State aforesaid, being duly sworn, deposes and says that THE SEN of general circulation in the Borough of Carlisle, County and State established December 131h, 1881, since which date THE SENTINEL issued in said County, and that the printed notice or publication at exactly the same as was printed and published in the regular editi( THE SENTINEL on the following day(s): October 20, 2010 of the County and ,INEL, a newspaper foresaid, was has been regularly ached hereto is ns and issues of. COPY OF NOTICE OF PUBLICATION NOTICE OFACTION IN MORTGAGE' FORECLOSURE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION • LAW Welts Fargo Bank, N.A. COURT OF COMMON PLEAS Vs. - CIVIL DIVISION France Varner a1k/a Frank K. Varner 5hawna L. Varner Cumberland COUNTY NO. 10-4384-Civil NOTICE TO Shawna L. Varner: You are hereby notified that on 0712/10, Plaintiff, Wells Fargo Bank, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 10-4364-civil. Wherein Plaintiff seeks to s that he/she is not t matter of the ertisement, and that regoing statement as I acter of publication Affiant further depose interested in the subj( aforesaid notice or ad all allegations in the f to time, place nd chz are true //. foreclose on the mortgage secured on your property located at 8 Smiley Drive: Mechanicsburg, PA 17050 whereupon your property would be sold Sworn to and subscri by the Sheriff of Cumberland County.. You are hereby notified to plead to the above referenced, Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE if you wish to daland, you mutt enter a written appearance personally or by atlorneyand file your defenses or objections in writing with the court. You aro warned that if you fail to do so the case may proceed without you and a . judgment may be entered against you without further notice for the relief re juested by the plaintiffs You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 My commission expir THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY' LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET NOTARIF CARLISLE, RA 17013 - BAMBI ANN H (800)990.9108 Notary CARLISLE BOROUGH, My Commission Ex before me this Notary Public SEAL 'KENDORN BERLAND CNTY Jan 27, 2014 P FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -7 AM 10: 51 rUMBERLAND COUNTY PENNSYLVANIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. CUMBER"AND COUNTY r- VS. COURT OF COMMON PLEAS FRANK VARNER A/K/A FRANK K. CIVIL 01VISION VARNER , SHAWNA L. VARNER No. 10-4 64 CIVIL ?? %011M (b$ 226896 ,k) cAi c11- ??\a 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 FRANK VARNER A/K/A FRANK K. VARNER, and SHAWNA L. VARNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $171,750.14 Interest - 06/18/2010 to 12102/2010 $4,947.60 TOTAL $176,697.74 I hereby certify that (1) the Defendant's last known address is 8 SMILE RIVE, MECHANICSBURG, PA 17050-1534, and (2) that not 7ce been given in t or ce with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: PHS # 226896 a ence T. Pfielan, Esq., I . No. 32227 ran 's S. Hallinan, Esq., I . No. 62695 ? ani 1 G. Schmieg, Esq., I . No. 62205 ? ele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 226896 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 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 VS. FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4364 CIVIL i 226896 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that e/she is the attorney for the Plaintiff in the above-captioned matter, and that on informatitn and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Milit or Naval Service of the United States or it Allies, or otherwise within the provisions of the S ldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant FRANK VARNER A/K/A RANK K. VARNER is over 18 years of age and resides at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. (c) that defendant SHAWNA L. VARNER is over 18 years of age and resides at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. This statement is made subject to the penalties'of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities/--\ December 2, 2010 U L encb 1'. Phelan, Esq.,Fd. No. 32227 ? Fr is S. I?Iallinan, Esq., Id. No. 62695 ? D i 1 G. Schmieg, Esq., Id. No. 62205 ? Mic ele M Bradford, Esq., Id. No. 69849 ? Pheetal dith T. R mano, Esq., Id. No. 58745 ? R. Shah-Jani, Esq., Id. No. 81760 H Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Sriv4stava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mu4cahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime Mcouinness, Esq., Id. No. 90134 ? Chrisovalaote P. Fliakos, Esq., Id. No. 94620 ? Joshua I. b Idman, Esq., Id. No. 205047 ? CourtenayZ. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 226896 (Rule of Civil Procedure No. 236) tL Revised WELLS FARGO BANK, N.A. VS. FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER ? Lawrence T. helan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Sch ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 eetal R. She h-Jani, Esq., Id. No. 81760 Jenine R. Dav y, Esq., Id. No. 87077 ? Lauren R. Ta as, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, sq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? ChrisovalanteZ Fliakos, Esq., Id. No. 94620 ? Joshua I. Gol an, Esq., Id. No. 205047 ? Courtenay R. Ounn, Esq., Id. No. 206779 ? Andrew C. Br#mblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney or Party Filing 1617 JFK Boulev d, Suite 1400 One Penn Center laza Philadelphia, PA 9103 215-563-7000 i ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLE T 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 E CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT 01-A LIENAGAINST PROPERTY. ** CUMBERLAND COUNTY COURT !OF COMMON PLEAS CIVIL DIVISION I No. 10-4464 CIVIL Notice is given that a Judgment in the above captioned rjnatter has been entered against you on By: If you have any questions concerning this matter please contact: 226896 ? v WELLS FARGO BANK, N.A. COUR OF COMMON PLEAS CIVIL I) VISON Plaintiff V. NO. 104364 CIVIL FRANK VARNER, CUMBI?RLAND COUNTY A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendant(s) TO: SHAWNA L. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17!050-1534 DATE OF NOTICE: November 18, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 n 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 MONLY AS ENFORCEMENT OF LIEN. wAGAINST PROPERTY. ,, ... E"ORTANT NOTICE YOU ARE IN DEFAULT"' BECAUSE-YOU -HAVE APPERANCE PERSONALLY OR BY ATTORNEY AND FD YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET Fi ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTIC AGAINST YOU WITHOUT A HEARING AND YOU MAY I IMPORTANT RIGHTS. FAILED TO ENTER A WRTI'TENr<„h v u y. yd >,, 's IN WRITING WITH THE COURT RTH AGAINST YOU. UNLESS YOU A'JUDGMENT MAY BE ENTERED ry SSE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE ET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 226896 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERL COUNTY COURTHOUSE 2 IBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ____._ ....._._.._ By: I F_ v `v Lawrence T. Phi Francis S. Halle Daniel G. Schm Michele M. Bray Judith T. Romar Sheetal R. Shah- Jenine R. Davey Lauren R. Tabas Vivek Srivastava Jay B. Jones, Esc Peter J. Mulcah3 Andrew L. Spiv. Jaime McGuinn( Chrisovalante P. Joshua L Goldm, Ian, Esq., Id. No. 32227 an, Esq., Id. No. 62695 ;g, Esq., Id. No. 62205 ford, Esq., Id. No. 69849 ), Esq., Id. No. 58745 rani, Esq., Id. No. 81760 Esq., Id. No. 87077 Esq., Id. No. 93337 Esq., Id. No. 202331 ., Id. No. 86657 Esq., Id. No. 61791 ;k, Esq., Id. No. 84439 ss, Esq., Id. No. 90134 ?liakos, Esq., Id. No. 94620 n, Esq., Id. No. 205047 in, Esq.,.Ia.No. 206779 )left, Esq., Id. No. 208375 Esq., Id. No. 309519 t Schmieg, LLP ard, Suite 1400 Plaza 19103 Courtenay R. Du Andrew C. Bram Allison F. Wells, Phelan Hallnan i 1617 JFK Boule-s One Penn Center Philadelphia, PA + - y. _?... .. wYS..c?r0+rt?e`.y?.w`ryLVACwytM+io-d..r 3MY ?V,e'n^dNT '.-?.ett». _ . _. a __ r aux+?:? ? ..,. a:3!+AWtkM,J/!'Kd?t'?ei'V?31'ikilill2M.x?ik ...*. x •....Y?ti . r: PHS # 226896 tz?ft' .. r WELLS FARGO BANK, N.A. V. FRANK VARNER, A/K/A FRANK K. VARNER SHAWNA L. VARNER Plaintiff Defendant(s) TO: FRANK VARNER, A/K/A IR 8 SMILEY DRIVE _ MECHANICSBURG, PA 1705 DATE OF NOTICE: November 182010 COUNTY THIS FIRM IS A DEBT CO LECTOR ATTEMPTING T COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN TTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANYJNFO TION OBTAINED FR M YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENC IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANT NOTICE rt_,..m b <._...,zvu,,ro[?tc?.?tv1)?rAUL1 ,13r:(AUS1I,YOU:HAV. APPERANCE PERSONALLY OR Y 'ATTORNEY AND F YOUR DEFENSES OR ORMCTIO S«TO'THE CLAIMS SET ACT WITHIN TEN DAYS FROM DATE OF-THIS NOTI AGAINST YOU WITHOUT A HE G AND YOU MAY RAPORTANT RIGHTS. A1LhD., XU;,„x,ENTER .,, A WRITTEN,. 'IN WRITING WITH THE COURT :TH AGAINST YOU. UNLESS YOU A JUDGMENT MAY BE ENTERED SE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE ET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFO TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA N ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE CED FEE OR NO FEE. ?NK K. VARNER )-1534 COURT OF COMMON PLEAS CIVIL IVISON NO. 1044364 CIVIL PHS # 226896 40, Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERL IqD COUNTY COURTHOUSE 2 IBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. if"nw lc-1-o Lawre e T. Phllan, Esq., Id. No. 32227 iin Francis S. Hallm , Esq., Id. No. 62695 Daniel G. Schmi g, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah- ani, 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, E Id. No. 86657 Peter J. Mulcahy Esq., Id. No. 61791 Andrew L. Spivak, Esq., Id. No. 84439 Jaime McGuinne s, Esq., Id. No. 90134 Chrisovalante P. liakos, Esq., Id. No: 94620 Joshua 1. Goldin Esq., Id. No. 205047 ?Courtenay R Esq., Id.-No-.-266779 Andrew C. Bram left, Esq., Id. No. 208375 Allison F. Wells, sq., Id. No. 309519 Phelan Hallinan Schmieg, LLP 1617 JFK Boulev d, Suite 1400 "One Penn Center laza Philadelphia, PA 9103 PHS # 226896 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS v FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/03/2010 to Date of Sale ($29.05 per diem) TOTAL 58.x6 Car y3, 00 92.00 10. W W. co .. a.so u -*.153.50 - PO A-MY CIVIL DIVISION NO.: 10-4364 CIVIL CUMBERLAND COUNTY $176,697.74 C= ' i $5,258.05 rn c, r-? ° °O $181,955.79 mo=w 3 rr) rn 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 ? 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 a oshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Note: Please attach description of property. PHS # 226896 a.00 NO-Co '50 !L e0 1o41a,g3 0 a5aatoa ,'?e W-b?*4"Wzl r- a o> a Oa ? w z ? q U wO V A O w G07 >.d aw W o UW ?a 4) U dd W x ?U 3 > wv? a w b as 3 h Q a Q ?+ M z o C) O w a a? AV >w? U w o0 M M O O c? a >? aAU a?U O V. 10 V_ NN??A b asgj. ??? , 'It 100, VN1O?rlM ??? QpOOQ? P. mt- M%0%0 600 OM pp Mf p O z O py z O 6z ? z Soot cons N C 6. 6 C; z -Z z z WVI'bw r, 2P42 ^tW ca as N U ,,,?wA 40000000000 DkElo 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. FILED-OFFICE Cr ENE PR0THoNn-TA' ,, r' Attorneys for Plaintiff 2910 DEC 30 PM 12: 4; q MBE'RLAND C0U?? ' PENNS 11 VA ?1IA COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 104364 CIVIL FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendant(s) : 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 ( ) the premises is vacant (X) 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. Bye l?d?'" ? A rney 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 ? 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 )Q;Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 WELLS FARGO BANK, N.A. Plaintiff 1 V. N, FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4364 CIVIL CUMBERLAND COUNTY PHS # 226896 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 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. Name and address of Owner(s) or reputed Owner(s): Name FRANK VARNER A/K/A FRANK K. VARNER 2. 3 SHAWNA L. VARNER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 Address (if address cannot be reasonably ascertained, please so indicate) Z, rv.') C= t? t"9 GJ Q ?"t7 j V 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. f*1 C qc:D ^= CD-q 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) -.1 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 SHAWNA L. VARNER C/O JENNIFER SPEARS, ESQUIRE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING JENNIFER SPEARS, ESQUIRE MICHAEL CALABRESE VIRGINIA CALABRESE 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 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 1.1754 228 Walnut Street Harrisburg, PA 17108 10 E HIGH STREET CARLISLE, PA 17013 ATTN: JOHN MURPHY 67" FLOOR, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 PO BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 10 E HIGH STREET CARLISLE, PA 17013 607 ROBERT STREET MECHANICSBURG, PA 17055 607 ROBERT STREET MECHANICSBURG, PA 17055 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 unswom falsification to authorities. December 21, By: Atto y 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 WELTS FARGO BANK, N.A. FILED-OFFICE O ; }sE 0R,0T1iON Ci i ,kjj) Plaintiff 2010 DEr, 30 PM E2: G Q : COURT OF COMMON PLEAS : CIVIL DIVISION vs.CUMBERLAND CO , -, . NO.: 10-4364 CIVIL iJ s ?A ? NNSY.,_VA t FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 SHAWNA L. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 "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 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $176,697.74 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 Sheriffs 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 4 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of a public street or right-of-way (50 feet wide), a comer of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of said public street and/or right-of-way, North 85 degrees East 100.00 feet to a stake at corner of Lot No. 18 on the hereinafter mentioned Plan of Lots; thence along the line dividing Lot Nos. 17 and 18 on said Plan, North 05 degrees 00 minutes West, 169.00 feet to a stake; thence South 85 degrees 00 minutes 00 seconds West 100.00 feet to a stake at corner of Lot No. 16 on the hereinafter mentioned Plan of Lots, aforementioned; thence along the line dividing Lot Nos. 16 and 17 on said Plan, South 05 degrees 00 minutes 00 seconds East, 169.00 feet to a point in the northern line of the public street or right-of-way aforementioned, at the point and place of beginning. HAVING thereon erected a one and one-half story family dwelling with aluminum siding. TITLE TO SAID PREMISES VESTED IN Frank Varner and Shawna L. Varner, h/w, by Deed from Cynthia A. Daron, Administratrix, of the Estate of Gerald P. Stang, dated 06/28/2002, recorded 08/05/2002 in Book 253, Page 92. PREMISES BEING: 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 PARCEL NO. 38-13-0985-018A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 104364 CIVIL WELLS FARGO BANK, N.A. vs. FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 Parcel No. 38=13-0985-018A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $176,697.74 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4364 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 FRANK VARNER a/k/a FRANK K. VARNER, SHAWNA L. VARNER (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 $176,697.74 L.L. $.50 Interest from 12/3/10 to Date of Sale ($29.05 per diem) -- $5,258.05 Atty's Comm % Atty Paid $253.50 Plaintiff Paid Date: 12/30/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David 7Buell, Prothonotary By: Deputy Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 WELLS FARGO BANK, N.A. Plaintiff V. FRANK VARNER a/k/a FRANK K. VARNER, and SHAWNA L. VARNER, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYtV A IA -3 10-4364 NO . CIVIL ACTION - LAW ORDER AND NOW, this / " day of 2011, upon consideration of the attached Stipulation, it is Ordered and Directed as follows: (a) The caption shall be amended to remove Shawna Varner as a Defendant; and (b) The judgment shall be marked satisfied and discontinued against Shawna Varner, with prejudice. BY THE COURT, G J. cc: ?Courtenay R. Dunn, Esquire - Attorney Plaintiff ?Jennifer L. Spears, Esquire - Attorney for Defendant, Shawna K. Varner ?Frank K. Varner, Esquire - Pro Se Defendant COp4a M 5 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 226896 DEFENDANT SERVICE TEAM/ kxc FRANK VARNER A/K/A FRANK K. j ARNER COURT NO.: 10-4364 CIVIL SHAWNA L. VARNER SERVE FRANK VARNER A/K/A FRANK K. VARNER AT: TYPE OF ACTION 8 SMILEY DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-1534 SALE DATE: 06/01/2011 **POSSIBLE DIVORCE-ONE CANNOT ACCEPT FOR THE <-) OTHER** C Served and made known to FRANK 7'. e0, o'clock f!. M., at SAU A ? Defendant personally served. - Adult family member with whom i Relationship is - Adult in charge of Defendant's resi - Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sa SERVED rn co -Jw ARNER ,Defendant on the jeday of _F 20 It f- RI 114JEC1i1ANk'S13"6, Al , in the manner described below: :fendant(s) reside(s). n _O :nce who refused to give name or relationship. 1 which Defendant(s) reside(s). --i ant's office or usual place of business. Defendant's company. dpi -'mot F t :ate CD , --i CD a.- °I C) -n =Fi CDrf, t? ]ems t C:) W Other: Description: Age 10 Height t t Weight &.-O Race W Sex /A Other 1, ];? N1};0 AD C-! , a compe ent 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 indi ated above. "y C _ Y IF'y P1 3 IC LecKIXfFMBI,0NOTAF ?? EY NOT SERVED SSli7Sr'`'?1ARCH' 2013 o'clock _. M., Defendant NO ause: : - Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of - By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hailinan, Esq., 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-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 F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 Sworn to and subscribed before me this day of Notary- By: On the y 20?_, at - acant Does Not E> ist -30 FILED-OFFICE OF THE PROTHQNCTAR, 2011 MAR 28 AM 10: 01 CUMBERLANO COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County FRANK VARNER A/K/A FRANK K. VARNER No.: 10-4364 CIVIL Defendant RULE AND NOW, this day of --?L! 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT e? J. 226896 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 /FRANK VARNER A/KJA FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 Rn_ , (16SP0111 RW'Al l ism F. WeI6 d? 4w1u, Ha11iw-n. . 226896 226896 L11 L- I ROICHONO AR"i ')GI f APR -4 AM 9: 44 ?'UMBERLAND COUNTY PENNSYLVANIA 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 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 FRANK VARNER A/K/A FRANK K. VARNER No.: 10-4364 CIVIL Defendant CERTIFICATION OF SERVICE 226896 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 19, 2011 was sent to the following individual on the date indicated below. FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 DATE: Phelan Hallin ieg, LLP By: ? 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 ? Sheet. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 ? auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 226896 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, C COURT OF COMMOIEA?§: V. MM -0 as -urn CIVIL DIVISION t°„r N o FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) No.: 10-4364 CIVIL ?• "??rz ' . ,77, S: . AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 r " COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 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 Cer ' ' Bail Return Receipt stamped by the U.S. Postal Service is attached hereto it "A". L_j Lawrence T. Phel sq., Id. No. 32227 ? Francis S. H a ,Esq., Id. No. 62695 ? Daniel G. c g, Esq., Id. No. 62205 ? Michel radford, Esq., Id. No. 69849 ? Judith . omano, 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. Jon . , Esq., Id. No. 86657 ? Pe ulcahy, Esq., Id. No. 61791 ndrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 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 # 226896 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 104364 CIVIL FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) CUMBERLAND COUNTY PHS # 226896 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FRANK VARNER A/K/A FRANK K. VARNER 2. Name and address of Defendant(s) in the judgment: Name PENN WASTE, INC. 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 Address (if address cannot be reasonably ascertained, please so indicate) P.O. BOX 3066 88 BRICKYARD ROAD YORK, PA 17402 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 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 SHAWNA L. VARNER C/O JENNIFER SPEARS, ESQUIRE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING JENNIFER SPEARS, ESQUIRE MICHAEL CALABRESE VIRGINIA CALABRESE Address (if address cannot be reasonably ascertained, please indicate) 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 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 10 E HIGH STREET CARLISLE, PA 17013 ATTN: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 PO BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 10 E HIGH STREET CARLISLE, PA 17013 607 ROBERT STREET MECHANICSBURG, PA 17055 607 ROBERT STREET MECHANICSBURG, PA 17055 MICHAEL CALABRESE VIRGINIA CALABRESE C/O KAREN S. FEUCHTENBERGER, ESQUIRE 333 MARKET STREET, 9TH FLOOR HARRISBURG, PA 17126-0333 I verify that the statements made in this affidavit are true and correct to the best of my personal know JvdgE-or inform statements h ein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsific o authorities." DATE: By: Attorney for Plaintiff Phelan Hallinan ch ieg, LLP ? Lawrence T. el sq., Id. No. 32227 ? Francis S. allin , Esq., Id. No. 62695 ? Daniel G. ch eg, Esq., Id. No. 62205 ? Michele radford, 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 Srivastav .Esq., Id. No. 202331 ? Jay B. J sq., Id. No. 86657 ? P Cie . 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 ? Allison F. Wells, Esq., Id. No. 309519 and belief. I understand that false w Q o i O ?O 0 U ao av on CCU a `O O a t y ? Q a? z¢o d o a ? N Z C L 6 L MOO dIZ W06J Q31IdW p O ? ? LLGZ LZddti 9SZLLZt7ooo c? E ozs,ZO $ w4 Z ° .? 53Mp{1 A3N1M G7 ® V m i ? = N Fi C w h y O ? N ? V G1a d F7 O o? ? 3 c 8 N V b v u w ti p o fVJ 0 p 'O O 'y y Vl U ,fl ^ ICI _ ? ? y O .+ O' G O ? O ti d O A A 7 CO (A C. O 0 y . O C ? A Or N V P o Q ? F W 'a F M U a d > o L: ? u . x yy C O z a aW o to ? w ? as a l t? g a d v? A FA 6w M Q ww a? U ? v?vl FN a b W W? ., dW"pd ,? I d ?o fl ee~ d? ?'? ,y z wo `" Qy??a avz?? ? ?A 0 30 zpgp? W? ?, ? v? , f? z3 ? i Z ? w ? a z W W p p ? O, 0; o°S ? U "a O ? I Y+1 ?i o a F Ri a .o N is # ? is is is # # ? ie # # * is * c U n 7 y C N en --e kn ?o r- w O, a F C% jF J( £ o L 6 L 3000 &Z W0NA 0311VY4 w LLOZ 8?0±V ?NVP ssumpooo 0?'7 S m z o =fir--s ., It %d'aO I" ?o 00 4 V ao A 0 x l p~y A p" d ? W F A U p 9TO a? a o F U O A ? aw e E' y" 9 pq O F O „y V W V yW p V N w V3 z w d V ? ' ? G W W e ? i rte' i.? "?h' Lpr G? l! r7 ? F ,Wa F :d oB ^ ' '" -,', 8 w Ct K y? 3 h ca a ta "t Vol cc as wo 02 o aoi°"o.UV3V e°Oova a°>?e °'wa,?ooe, W!?Ooa°i v 4.0 41 A. x ??. o Y Lim ° N J02 o...? n.oa1 a .ao?? uw.l" O t aae?z u . o es a+.: aa<x?OO a.. ?a'.? d"?' a3.? 0.l3 8 Ufa d.°a Ao3 ??o osa ?'WFoo 10 o o ?a oggr+A a as $N w Oi a vSaq AU?r UAf3iW..irrp, ?ti.'p?,N{,?oUUE-??w7O`?N' * t * N q C". z ? O .a '? . N R1 `ef V1 ?O h 00 O? u c h? N a •g°- $o ?f F goo ? u N E to $ ?y o ° w F xo c z i1? e m?h ...wU ?a a?g S a. 0 a ? z S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. FRANK VARNER A/K/A FRANK K. VARNER Defendant c`5 Court of Common Plea6 rv w Civil Division te r - ?: CUMBERLAND Cott' No.: 10-4364 CIVIL.,',-, ` ORDER AND NOW, this ,"77ay of 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED s 6 , to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 1, 2011 Per Diem $29.45 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $156,355.92 $23,312.57 $415.20 $1,325.00 $1,447.08 $220.00 $1,175.72 $3,140.48 $187,391.97 Plus interest from June 1, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ,,nn,led BY' COURT: ?AIU-Son F \Ale-11S Cop i e5 5 fo I p? J. RMAk Varner a f ?m Hank Ili MarnP,r' 226896 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1?; T rr Jody S Smith p?trt} aratat'?c?T4^ 1 Chief Deputy Richard W Stewart u i. M0 JR Ll C 6 L."iN o t' Solicitors .. P E N N IS Y LV; " I A Wells Fargo Bank, NA vs. Case Number Frank K. Varner (et al.) 2010-4364 SHERIFF'S RETURN OF SERVICE 03/15/2011 06:50 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Smiley Drive, Mechanicsburg, PA 17050, Cumberland County. 03/15/2011 06:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DENNIS SPIDEL (FRIEND), who accepted as "Adult Person in Charge" for Frank K. Varner at 8 Smiley Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/15/2011 06:50 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Shawna L. Varner, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 8 Smiley Drive, Mechanicsburg, PA 17050, defendant does not live at address stated, did not leave a forwarding with the post office. 06/01/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 07/26/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 09/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $695.46 SO ANSWERS, September 29, 2011 RON R ANDERSON, SHERIFF ?l . 00 Cep . 4.-,- Ir3 ate,-7c) ec Countysulte Shen' 7eeor>n'C inr. /?JI'j? ?? CUMBERLAND LAW JOURNAL Writ No. 2010-4364 Civil Wells Fargo Bank, NA VS. Frank K. Varner Shawna L. Varner Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-4364 CIVIL, WELLS FARGO BANK, N.A. vs. FRANK VARNER A/K/A FRANK K. VARNER, SHAWNA L. VARNER, owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Penn- sylvania, being 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. Parcel No. 38-13-0985-018A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $176,697- .74. 85 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this day of May, 2011 Notary / NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Paft1*otAvXtws 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04129111 05/06/11 C Sworn to and scribed beforelme this 2 of May, 2011 A.D. Notary `Public L 1 j COMMONWEALTH OF PENNSYLVANIA %r Notarial Seal Sherrie L. Kisner, Notary Public PA 2711;40.2334 Lower Paxton Twp., Dauphin County Psa wgNo. 38-23-098 im My Commission Expires Nov. 26, 2011 ( ,crowai *=) Member, Pennsylvania Association of Notaries l Rte, 61:#F The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 2010-4364 Civil Term Wells Fargo Bank, NA Vs Frank K. Varner Shawn L. Varner Atty- Daniel J Schmieg By virtue of a Writ of Execution NO. 10- 4364 CIVIL WELLS FARGO BANK, N.A. VS. FRANK VARNER A/K/A FRANK K VARNER SHAWNA L. VARNER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 Parcel No. 38-13-0985-018A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT $176,697.74 Sworn to and subscribed before me this 23 day of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal i Sherr!e L. Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notarie, 04/29/11 05/06/11 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 8 Smiley Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by, this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator SZ :8 %Y L- NVi H OZ 0 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 FRANK VARNER A/K /A FRANK K. VARNER Defendant(s) NO.: 10-4364 CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/02/2011 to Date of Sale ($30.80 per diem) $187,391.97 c -p 3 ra rnw Z? ;:0 Ez-? 3 G rM` $11,426.80 TOTAL $198,818.77 K?7 r1-0 P ?ran Hallman & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 226896 : M_ r C Q o18. JO PA A" s ?{ 3 /o. , vo ? ,, r rU 66 /Y. 00 S?L.'- S? Du- e* it (0 1193/ // (0/ 18q Of 11,7087 IS ? C- 01it 4w."L4 F c? w na°' ?, o ? w f d 3 7, W Q Q O Wz a? W Q W w aQ d H '? Q W ? w oa O A ? U W a H w c- r 00 C) 0 M ?W ?r co o G IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CASE NO. 1: 11 -bk-03929 MDF FRANK VARNER A/K/A FRANK K. VARNER CHAPTER 13 Debtor WELLS FARGO BANK, N.A. Movant v. 11 U.S.C. §362 FRANK VARNER A/K/A FRANK K. VARNER Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of WELLS FARGO BANK, N.A. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED: that Relief from the Automatic Stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 8 SMILEY DRIVE, MECHANICSBURG, PA 17050 (hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED AND DECREED: that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, N.A. may immediately enforce and implement this Order granting Relief from the Automatic Stay. ORDERED that FEDERAL RULE OF BANKRUPTCY PROCEDURE 3002.1 is no longer applicable to Movant, its successors or assigns. By the Court, Chief Bankruptey Adge (ARP) Dated: January 24, 2012 Case 1:11-bk-03929-MDF Doc 57 Filed 01/24/12 Entered 01/24/12 13:19:31 Desc Main Document Page 1 of 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County FRANK VARNER A/K/A FRANK K. VARNER No.:+1 -4304 CIVIL Defendant ORDER AND NOW, this l`46 day of M" , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nuns pro tunc as follows: Principal. Balance $ 156,355.92 Interest "Through June 1, 2011 $23,312.57 Per Diem $29.45 Late Charges $415.20 Legal fees $1,325.00 Cost of Suit and Title $1,447.08 Property Inspections/ Property Preservation $220.00 Mortgage Insurance Premium/ Private Mortgage Insurance $1,175.72 Escrow Deficit $3,140,48 TOTAL $187,391.97 Plus interest from June 1, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. fay THE C;UC.?IZT: ........ -*t a. 226896 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank. N.A. Civil Division VS. No. 2010-4364 Frank Varner a/k/a Frank V. Varner Shawna L. Varner 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 Complaint and all future pleadings on Defendant, Shawna L. Varner, by: 1. Posting of the premises: 8 Smiley Drive, Mechanicsburg, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to Shawna L. Varner at the mortgaged premises located at 8 Smiley Drive, Mechanicsburg, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. SEP 2 8 2010 It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: CT / a?? J. Cc: Frank Varner a/k/a Frank V. Varnar and Shawna L. Varner 8 Smiley Drive Mechanicsburg, PA 17050 PHS# 226896/JRM 2 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4364 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant. (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 1 By: Phel allinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff C ca , ? 0 :1 ;Z rnco ::o ° :Z { ra C -<> r-2: • C.' ? Z C_ y .- f'V -1 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. A NO.: 10-4364 CIVIL FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) CUMBERLAND COUNTY PHS # 226896 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 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. 1. Name and address of Owner(s) or reputed Owner(s): ::r Name Address (if address cannot be reasonably C ascertained, please so indicate) MOD -; , rrt FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE ZM 3s ?° ' MECHANICSBURG, PA 17050-1534 -- ? CCD 3> C-; 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) ,c rv SAME AS ABOVE 3 4 5 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) PENN WASTE, INC. MICHAEL AND VIRGINIA CALABRESE MICHAEL AND VIRGINIA CALABRESE C/O KAREN S. FEUCHTENBERGER, ESQUIRE P.O. BOX 3066 88 BRICKYARD ROAD YORK, PA 17402 607 ROBERT STREET MECHANICSBURG, PA 17055 333 MARKET STREET, 9th FLOOR OFFICE OF CHEIF COUNSEL HARRISBURG, PA 17101 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT SHAWNA L. VARNER C/O JENNIFER L. SPEARS, ESQUIRE FRANK VARNER C/O RONALD A. TURD, ESQUIRE 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 Federal Building Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 TEN EAST HIGH STREET CARLISLE, PA 17013 129 SOUTH PITT STREET CARLISLE, PA 17103 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 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 unswom falsification to authorities. Date: 2 2?//2 By: Irn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff WELLS FARGO BANK, N.A. w 1-1 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. FRANK VARNER A/K/A FRANK K. VARNER : NO.: 10-4364 CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rnm ? Fri- TO: FRANK VARNER A/K/A FRANK K. cn i 'c ca p VARNER r- _ -;C:' 8 SMILEY DRIVE A MECHANICSBURG, PA 17050-1534 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIf 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 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 is scheduled to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $187,391.97 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4364 CIVIL WELLS FARGO BANK, N.A. vs. FRANK VARNER A/K/A FRANK K. VARNER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 Parcel No. 38-13-0985-018A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $187,391.97 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-4364 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 FRANK VARNER A/K/A FRANK K. VARNER (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$187,391.97 L.L. Interest FROM 06/02/2011 TO DATE OF SALE ($30.80 PER DIEM) - $11,426.80 Atty's Comm % Due Prothy $2.25 Atty Paid $279.50 Other Costs Plaintiff Paid Date: 3/1/2012 David D. Buell, Prothonotary (Seal) B Deputy REQUESTING PARTY: Name JOHN MICHAEL KOLESNIK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COI?.. WELLS FARGO BANK, N.A. PHS#22689 t''[;fT?Utrr DEFENDANT SERVICE TE /r x (? ?? 02 FRANK VARNER A/K/A FRANK K. VARNER COURT NO.: -0 Cd VIL SERVE FRANK VARNER A/K/A FRANK K. VARNER AT: TYPE OF ACTIWBE?R}?? 1 A ATv 8 SMILEY DRIVE XX Notice of SheriflR?itlf? MECHANICSBURG, PA 17050-1534 SALE DATE: June 6, 2012 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to FRANK VARNER AIK/A FRANK K. VARNER, Defendant on the (4- day of llWoC 20 - at ro° 36 , o'clock _?). M., at SAA i?DA, A(EC tkA'N1C513J>eb, Qi1in the manner described below: V 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: r ?• Descryion: Age Height Weight c? 30 Race W Sex AA Other I, IWOu4K0 NJ (-d.-, a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r\ / DATE: ?J Q o? NAME: -? C< PRINTED NAME: u?C b / V ` OLL, TITLE: P9 6G?s s '56 " NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff I VAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-4364 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 Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h"AExhibit "A". Aofxl?lfichael Kolesnik, Esquire ttomey for Plaintiff Date: %&I-- IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 226896 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) NO.: 10-4364 CIVIL CUMBERLAND COUNTY PHS # 226896 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 8 SMILEY DRIVE, MECHANICSBURG? PA 17050-1534. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FRANK VARNER A/K/A FRANK K. VARNER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 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) PENN WASTE, INC. P.O. BOX 3066 88 BRICKYARD ROAD YORK, PA 17402 MICHAEL AND VIRGINIA CALABRESE MICHAEL AND VIRGINIA CALABRESE C/O KAREN S. FEUCHTENBERGER, ESQUIRE 607 ROBERT STREET MECHANICSBURG, PA 17055 333 MARKET STREET, 9th FLOOR OFFICE OF CHEIF COUNSEL HARRISBURG, PA 17101 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) PENN WASTE, INC. 221 W PHILA ST STE E600 C/O Neil Allan Slenker ESQ. YORK, PA 17401-2994 STOCK AND LEADER 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT SHAWNA L. VARNER C/O JENNIFER L. SPEARS, ESQUIRE FRANK VARNER C/O RONALD A. TURD, ESQUIRE 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 Federal Building Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 TEN EAST HIGH STREET CARLISLE, PA 17013 129 SOUTH PITT STREET CARLISLE, PA 17103 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 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. Date:.s=9' L By: Hallinan & Schmieg, LLP IIan Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff ? V W G? ai d/\ tn Q 00 00 110 N N x a w a d N O N b O b O i L 'd 'L7 d v w 0 O 0. °" o b p,' °o onY ?l O M ? O C% b G ? ? d 5 M u q R G a -o a. 0 O? W L Uj o rl W L ? H Ou z PN° .a Z # N # V b a? d cC y 'b G y 43 ce) z¢0 # # # # # # # # # # # # # # # # # # # # # # NIMI?I?l?lrl?l?l°I?I? R O A; ? N pp? N C9 i? C w Y C u y u p?'+ Q Q.C W S TV a n O o U 'O ,C F' Q E U W E t- f3 .d O Vt il Y ° &- o 0 o u o H u o A ? C O T - ? Cow a.E o w O C0 ;? ? ? O ? C N or u v ,uuC HwaF CC ?v o a u o0 13.° c4 u U N so 0 0 ?a z? o a G In T A U Z u 4 w rA N H O N 0 0 Q ti a o ? Y C#O N m u G ti 'D t cG0 ti 'b z¢0 1 E ? h A a c n - ? q V _ E ? ? A • 4. E c ? y 0 v O L2 ° 0.p. 3 c ' e w E r o ` o g 0 . o c?•o 3 o .m c ?? E y ca d c' E a x ? v ryt? ?v e u y.o? u 3 ? no 'W7 N u ° `?+ w o vi a x u g; W cs, ; g ?., 2A W y > ° 0 .9 4- O•"° - CP w E K 1O EN ? m ?C z y at '?4 p u $ W O F 7 ??'? ? w 'a a u z C u d > ?+ w a o x a z CO) 0 b a O w 3 N ? w Q u w O W U d 0. G -? d Al i S b > ?. u G: - w U Ww v] S «. °? ? a ^° E v ?o .. y w p° e en F d m oaq fC O W j as u, n ? o CJ 04 ,?? Nat ?; wco E y a I ii A Q .a Z p A Z c A La d o`a. d o? m a Q . E Z C? Q U VI 44 .4 U W a rw L 'G H V] F R A d D! y 1 c x OF > Qr N m o .} '? d 1 F °, a w W pa Z d C?F..a z c .. VF? U ., u w W p;a ° U ? a h e v o ? ° _ rv kn w y ;; *300 a' ? 300o h a' cri, c W: W 4w a Ozd a O ; a a a Q z w° 00 cd ^ 0. L ,N., , >= A wF... 'aa AE, A oo z`n FG' z ..ooeq ? x.+ ?Ua a w? o° o Y d a a°i o ' ° a, r e i ¢ = r. °;3¢ o?? m¢ > o v t? v i UAU ? v i QFU a E QWa 0 Fo., `? x ' c c? 12 ?,?w d m n??a E o oa -La x .o .r 0 Z F eGxw >F .? -- ..? wz w aae o0 Wa Md Q Xw ' Fw Qv1a a ¢ a a,N 3 s. a„ 'er °^ L m voo L 3 o a? w¢ z a --? ? p~ pgQ Q O x ? ? d Q -- 7 a 3 O C?C Qcn ., w r H ir c x = o o rr ' _ ° w- S a _ = a, - x a 0 x E o a ? o o = E A E Q 7,?V z ? a U U w .? U a zO z a dz as o Ez : : 8m : E G A L3 A'` csa W E Gz,'i z> 0 z W LI Foo? N ¢ tr...U ..o o? ..en ?r,x WOO aA.> =wd E- u oM m a ?U o0 at Ua c ° tn dN0 ?rs Nax a0 ca A4:S o= a u M, W 04 .a E z 41 x 41 x y ? k x -K {e % -% ? ? -K x 1c v e y j v v CU. G -? v n n r o a ' v a v J PHELAN HALLWAN & SCHMIEG, LLP Attorney fq) VJaiptiff John Michael Kolesnik, Esq., Id. No.308877 jr1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS V. CIVIL DIVISION FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) No.: 10-4364 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 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 Certified Mail Return Receipt stamped by the U.S. Postal Service is attached b. eWE it "A". Date: --OM/ w, I -le hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 # 226896 ! WELLS FARGO BANK, N.A. Plaintiff V. FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 2 3 4 5 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) PENN WASTE, INC. P.O. BOX 3066 88 BRICKYARD ROAD YORK, PA 17402 MICHAEL AND VIRGINIA CALABRESE MICHAEL AND VIRGINIA CALABRESE C/O KAREN S. FEUCHTENBERGER, ESQUIRE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4364 CIVIL CUMBERLAND COUNTY PHS # 226896 607 ROBERT STREET MECHANICSBURG, PA 17055 333 MARKET STREET, 9th FLOOR OFFICE OF CHEIF COUNSEL HARRISBURG, PA 17101 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) PENN WASTE, INC. C/O Neil Allan Slenker ESQ. STOCK AND LEADER 221 W PHILA ST STE E600 YORK, PA 17401-2994 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT SHAWNA L. VARNER C/O JENNIFER L. SPEARS, ESQUIRE FRANK VARNER C/O RONALD A. TURD, ESQUIRE 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 Federal Building Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 TEN EAST HIGH STREET CARLISLE, PA 17013 129 SOUTH PITT STREET CARLISLE, PA 17103 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 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. Date: 5 13-1 /t- By: r? Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff a6 S W G> O4 e A IT 110 ON 00 ?o N N x a ao o"u ? M ? o 01 r- , ?poU a a`O0 a Q N' 0 u w O h a a o C N V1 ?O fu H a ?} q?V1 N 0 e?zo3 z * U W y '? a ~ zao a w x a W z a N1MIeTI?I?I?I?I?I?.,I?I.Nr 0 0 ?a i E i 5 h u ' C e N ? .F 6 y y u c COl ? a o u c O i o ? E'a a E u ? u `u E?p?e o ii y w u 4 V Y p p'. s fi U ? N N O N O. o 08 r- Ei ? ra u E ,CU u ,GU zo ?a n. E ?W U 00 a° 0?4 0 a° a T 9 --1 v a W N rt O N ?O _o 0 ti Q! ao 00 Y ?iCIO ) U N ai i q ao ? M U x x o a c a?DOa r b ? fG6 y 'b U ?U• N z¢o ??pp ' 4y T ? H G no ,y w • _ c p tCtQQ ? ? T1 U X G ? W E c ?ci°i A C ° ? G7.. % 'E u a w u .. _x ? c ? v 3 J ? u E w ? w ° G d ty a... • 6 X W R L? E I 3 U 00 =xso> °d° ° N D ? CIO 3o P u CY W py a o w C2 0 T H a ? _ e . g °>w o o O {.. ° ., c ?.. U x A ? a?s?q m as w o x a a a c i W ? ° °. m M '7 F C F w ?n F PL U 2' ° L W O W C Gr, U .. H u ? C .r U ?w z x s?1 i w L V ?, H w V o -K71 3 kn G w C Cl) O Q W ?, > ° Qj W U U w Uj o y a °" ?, o ya E 8 '• O O W W W y gi a 01 4°. >, v o CZ €7 x o aE R Fa- 0.r m & Wp Gi O^ RS ( 7 G v E. U Ap Q. en Q a ?v a ? z U ' a a ,= °' 0 00 a? I 7 ma w ¢'_^ > E T H ? F? ?a d? kn U to UGr. a n c > y CD ^" Z pF" Q '" r "moo X O? ?+ E o .o n Q E c ;O+ rv L. m =Ym ea ,. m d F y O C4 V y r. VF:° n U U? ° d e u 00 " In 4 y w .n. :t 300000 =V) W y z ?j U F o c?L' W C1 oC W ^ V W F ... `n c a°i o f n ° o ._ 0 0 d i N .pa„ W?' GGE?.,? >aa >apQ„ F" Zao 0 , ? x C yr? w r T ° 5 O n ?"i p: dr y O ]>? Ua9.2 W QE,? A ZFV a o o a ° y 'n" o .. v a> ocv C` a 4 3 Q O?G s; Q > ° ,n d UGU 0 QXG7 QFU r7a aW .]Y.? Fp'. NMQ `,F W -y ? yi?a ° wt_ 0J\0 > Y > W Ey?? i. , c z >= On. wmQ QO? Wa? QQ:. 3xa O QQv W" ?x ' Ht h c x = ° ° o oo?^ nmS^ ar l3 oa L 0 E g n ?o ? E a--u z dd ?p(U U x?a U z?a ? Q z v °._ E z Em ?: E °o ° dam ? m M ? tx L E W z> ? z wrnW ° 4 -ow MQ Z r?00 zWQ o m L op as y ° o ?i vr4 Q a,p w L or m ov z F-00 LL, ..L? E5o >? v?FU M G..U Un.? o -. - UcL ri06 ;s U ox GY. v ,D 7 * x x -K -K ' x 4? -x ? 41 is ? x x y 4c k x % 1? i- # U ti a a v ,. Z n u PLED-OFFICE I t " PRO f IC`4a VARY JUIL 21 t,_J 22 CUM ERLOD COUNTY re r HNS'YL4AN 1A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County FRANK VARNER A/K/A FRANK K. VARNER No.: 10-4364 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on July 2, 2010. 2. Judgment was entered on December 7, 2010 in the amount of $176,697.74. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 27, 2011, amending the judgment amount to $187,391.97. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 226896 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. 5. A Sheriffs Sale of the mortgaged property at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, FRANK VARNER A/K1A FRANK K. VARNER, filed a Chapter 13 Bankruptcy at Docket Number 1:11-03929 on May 30, 2011. Plaintiff obtained relief from the bankruptcy stay by order of court dated January 24, 2012. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on September 5, 2012. 7. 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 July 11, 2012 Per Diem $29.32 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to September 5, 2012 Escrow Deficit Suspense/Misc. Credits $155,636.92 $32,251.85 $415.20 $2,500.00 $1,656.58 $695.46 $325.00 $1,641.91 $123.76 $8,541.36 ($125.00) TOTAL $203,663.04 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. 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. 226896 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. 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 July 19, 2012 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) is attached hereto. made part hereof, and marked as Exhibit "D". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Albert H. Masland entered an order for Motion to Make Rule Absolute dated May 27, 2011 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & , By: Allison F. Wells, Esquire ATTORNEY FOR PLAINTIFF 226896 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. FRANK VARNER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A/K/A FRANK K. VARNER No.: 10-4364 CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE FRANK VARNER A/K/A FRANK K. VARNER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. 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 226896 cured. Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy. if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of 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 226896 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(x). 226896 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 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. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, :Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 226896 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice. Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 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 226896 with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Sc B: Allison C Wells, Es ire Attorney for Plaintiff 226896 Exhibit "A" FP-FD"-OFFICE 0 _ THE Fo ; H0N" l T. 20,10 DEC -7 AM 10.- S 1 C MBERLMID OUi'NT I PENNSYLVANIA 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., 1d. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A vs. FRANK VARNER A/K/A FRANK K. VARNER SHAWNA L. VARNER Attorney for Plaintiff V, k 'j a 31 z:_ P`? - CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4364 CIVIL 226896 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 FRANK VARNER AIK/A FRANK K. VARNER, and SHAWNA L. VARNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $171,750.14 Interest - 06/18/2010 to 12/02/2010 $4,947.60 TOTAL $176,697.74 I hereby certify that (1) the Defendant's last known address is 8 SMILE DRIVE, MECHANICSBURG, PA 17050-1534, and (2) that not 7ce been given in a cor ance with Rule 237. 1, copy attached. Law ence T. Plielan, Esq., l p. No. 32227 Fran is S. Hallinan, Esq., 11. No. 62695 ? ani 1 G. Schmieg, Esq., I . No. 62205 ? ele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos. Esq.. Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 226896 PROTHONOTARY 226896 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County FRANK VARNER A/KIA FRANK K. VARNER No.: 10-4364 CIVIL Defendant ORDER AND NOW, this a7A day of M" , 2011, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nune pro tunc as follows: Principal Balance $156,355.92 Interest Through June 1, 2011 $23,312.57 Per Diem $29.45 Late Charges $415.20 Legal fees $1,325.00 Cost of Suit and Title $1,447.08 Property Inspections/ Property Preservation $220.00 Mortgage Insurance Premium/ Private Mortgage Insurance $1,175.72 Escrow Deficit $3,140.48 TOTAL $187,391.97 Plus interest from June 1, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: ?l A1had IUas?lcz,no? J. 226896 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CASE NO. 1:11 -bk-03929 MDF FRANK VARNER A/K/A FRANK K. VARNER CHAPTER 13 Debtor WELLS FARGO BANK, N.A. V. FRANK VARNER A/K/A FRANK K. VARNER Movant 11 U.S.C. §362 Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of WELLS FARGO BANK, N.A. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED: that Relief from the Automatic Stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 8 SMILEY DRIVE, MECHANICSBURG, PA 17050 (hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED AND DECREED: that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, N.A. may immediately enforce and implement this Order granting Relief from the Automatic Stay. ORDERED that FEDERAL RULE OF BANKRUPTCY PROCEDURE 3002.1 is no longer applicable to Movant, its successors or assigns. By the Court, amt ChW Bsn"tcy Judge (ARP) Dated: January 24, 2012 Case 1:11-bk-03929-MDF Doc 57 Filed 01/24/12 Entered 01/24/12 13:19:31 Desc Main Document Page 1 of 1 Notice Recipients District/Off: 0314--1 User: GPiemonte Date Created: 1/24/2012 Case: 1: I 1-bk-03929-MDF Form 1D: pdfO10 Total: I Recipients submitted to the BNC (Bankruptcy Noticing Center): db Frank K. Varner 8 Smiley Drive Mechanicsburg, PA 1700 TOTA L: 1 Case 1:11-bk-03929-MDF Doc 57-1 Filed 01/24/12 Entered 01/24/12 13:19:31 Desc PDF - All Chatty: Notice Recipients Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PAX4: (215) 563-3459 Phelan Hallinan & Schmieg, LIT Representing Lenders in Pennsylvania and New Jersey July 19, 2012 FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 RE: WELLS FARGO BANK, N.A. v. FRANK VARNER, A/K/A FRANK K. VARNER Premises Address: 8 SMILEY DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-4364 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 July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Allison F. Wells. Attorney for Plaintiff Enclosure 226896 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 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. FRANK VARNER A/K/A FRANK K. VARNE R Defendant CUMBERLAND County No.: 10-4364 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 DATE: 226896 ATTORNEY FOR PLAINTIFF y,a L? 'C i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County FRANK VARNER A/K/A FRANK K. VARNER No.: 10-4364 CIVIL Defendant RULE AND NOW, this f day of -:2a a 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. HE COURT J. ?? va'n f1 41XIA Ara rn e,- f-rIC?SOh l? We#5 ?$l 226896 n F. Wells, Esq., Id. No.309519 i Hallinan & Schmieg, LLP TK Boulevard, Suite 1400 ielphia, PA 19103 (215) 563-7000 (215) 563-3459 ' IK VARNER A FRANK K. VARNER ILEY DRIVE HANICSBURG, PA 17050-1534 226896 F I ED-CF FiCE THE PRGTHONQTAR ? 2012 AUG -9 AID 10: 21 CUMBERLAND COUNT`' Phelan Hallman & Schmieg, LLP PENNSYLVANIA Allison F. Wells, Esq., Id. No.309519 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 vs. FRANK VARNER A/K/A FRANK K. VARNER CUMBERLAND County No.: 10-4364 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 31, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 & S nieg, LLP DATE: Allison F. Wells, Esquire Attorney for Plaintiff 226896 1ED-OFFICE Phelan Hallinan & Schmie qTX P OTIJONGTr' R"t Allison F Wells, Esq., Id. No.3009?5? 9 1617 JFK Boulevard, Suite !!? One Penn; Center Plaza CUM&ERLAND COUNTY Philadelphia, PA 19103 PENNSYLVAH A 215-563-7000 WELLS VARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County FRANK VARNER A/K/A F NK K. VARNER No.: 10-4364 CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 27, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 19, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant, A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on July 31, 2012 directing the Defendant to show cause by August 20, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 8, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 20,2012. 226896 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phe in Schmieg, LLP DATE: Allison ells, Esquire Attorney for Plaintiff 226896 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 July 1, 2012 FRAN VARNER A1K/ FRANK K. VARNER 8 SMI EY DRIVE MEC ANICSBURG, PA 17050-1534 RE: ! WELLS FARGO BANK, N.A. v. FRANK VARNER, A/K/A FRANK K. VARNER Premises Address: 8 SMILEY DRIVE MECHANICSBURG, PA 17050 l CUMBERLAND County CCP, No. 10-4364 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Or er. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your cone ence with the requested relief that is, increasing the amount of the judgment. Please respon tome within 5 days, by July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Othe se, please be guided accordingly. Very truly yoouur-s-,~ Allison F. We Is, wire Attome for Plaintiff Enclose re 226896 Exhibit "B" C a ti., 7 i?T1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA wJFLLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County FTItNK VARNER A/ A FRANK K. VARNER No.: 10-4364 CIVIL Defendant RIILE ;AND NOW, this_a/ day of 2012, a Rule is entered upon the Defendant to (show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TIDE COURT 226896 Exhibit "C" M FRQTHONOTAEi' 2012 AUG - 9 AM 10:21 f,UMBERLAND COUNTY Phela? Hallinan & Schmieg, LI NNSYLVAN1A Allison F. Wells, Esq., Id. No.309519 1617 lFK Boulevard, Suite 1400 One Fenn Center Plaza Philadelphia, PA 19103 215-5 3-7000 Attorrl?j WELLS FARGO BANK, N.A. p1"?.., Plaintiff VS. FRAl K VARNER A/K/ FRANK K. VARNER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4364 CIVIL CERTLFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 31, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FRANk VARNER A/K/A FRANK K. VARNER 8 SMI EY DRIVE MEC NICSBURG, PA 17050-1534 ?a LlA roan S nieg, LI DATE: By ilts nn F. Wei s , Esquire re Attorney for Plaintiff 226896 Phelan H llinan & Schmieg, LLP Allison F Wells, Esq., Id. No.309519 1617 JF Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS ]FARGO BANK, N.A. Plaintiff vs. FRANK YARNER A/K/A FRANK K. VARNER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4364 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. FRANK YARNER A/K/A F K. VARNER 8 SMILE DRIVE MECHA ICSBURG, PA 17050-1534 DATE: 226896 Attorney for Plaintiff /J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Civil Division VS. FRANK VARNER A/K/A FRANK K. VARNER ~• N CD Defendant C'7 CUMBERLAND Coin r*- No.: 10-4364 CIVIL ~~- ~ c~ xaa ~ ORDER ~ z AND NOW, this 2~ day~~i~~rr~-~~ , 2012, upon consideration of Plaintiff s ~• ~,a ca Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through July 11, 2012 Per Diem $29.32 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to September 5, 2012 Escrow Deficit Suspense/Misc. Credits Court of Common Pleas $155,636.92 $32,251.85 $415.20 $2,500.00 $1,656.58 $695.46 $325.00 $1,641.91 $123.76 $8,S41.36 ($125.00) TOTAL $203,663.04 Plus interest from July 11, 2012 through the date of sale at six percent per annum. E'' "'r'Y C:~ , --~ CJ ~:w~~ rWa ~; ~ ,~.. ~` ~~i --+• a Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~4l~;son ~ 1,~/l~ Cop ~~s ~ .lcd ~~~/ia ~~~r;~ ~ BY E COURT: J. 226896 ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~fi1t~ of ~rru,Grr~~~~~ ~ ~ . ,Tr r' 1 1 T ~ {~' r G. l~ .,. i.. ! ~ 1.1 t f F '.,. 6,. r, *~ . ~~ e ~~~ ~~7~E ~#~C' it "+`'~f Jody S Smith Chief Deputy Richard W Stewart SOiICItOr Wells Fargo Bank, NA vs. Frank K. Vamer (et al.) ~l2 ~Q~ 20 PPS 2~ ~~ CUMQ~F~LAt~D CGU~i i ~` PENNSYLV;~~IA Case Number 2010-4364 SHERIFF'S RETURN OF SERVICE 03/20/2012 06:11 PM -Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Smiley Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/20/2012 06:11 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Frank K. Varner at 8 Smiley Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 06/06/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07/11/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/5/2012 09/06/2012 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, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $798.07 November 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF y~.oo ~. ~ ~ ~ ~~~~s ~ ~ ~ 33~~ ic; Coun?ySude Streriff, To!eoscft; Ino. WELLS FARGO BAI~I~, N.A. ` Plaintiff v. FRANK VARNER A/K/A FRANK K. VARNER Defendant(s) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FRANK VARNER A/K/A FRANK K VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 2. 3 4 5 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) PENN WASTE, INC. P.O. BOX 3066 88 BRICKYARD ROAD YORK, PA 17402 MICHAEL AND VIRGINIA CALABRESE MICHAEL AND VHtGINIA CALABRESE C/O KAREN S. FEUCHTENBERGER, ESQUIRE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4364 CIVIL CUMBERLAND COUNTY PHS # 226896 607 ROBERT STREET MECHANICSBURG, PA 17055 333 MARKET STREET, 9th FLOOR OFFICE OF CHEIF COUNSEL HARRISBURG, PA 17101 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address df every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT SHAWNA L. VARNER C/O JENNIFER L. SPEARS, ESQUIRE FRANK VARNER C/O RONALD A. TURO, ESQUIRE 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 Federal Building Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 TEN EAST HIGH STREET CARLISLE, PA 17013 129 SOUTH PITT STREET CARLISLE, PA 17103 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 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. Date: 2 21/2 e, fn Hallman & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. FRANK VARNER A/K/A FRANK K. VARNER NO.: 10-4364 CIVIL Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK VARNER A/K/A FRANK K. VARNER 8 SMILEY DRIVE MECHANICSBURG, PA 17050-1534 **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 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $187,391.97 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 maybe 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 maybe at51e 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 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 maybe 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 house and lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of a public street or right-of--way (50 feet wide), a corner of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of said public street and/or right-of--way, North 85 degrees East 100.00 feet to a stake at corner of Lot No. 18 on the hereinafter mentioned Plan of Lots; thence along the line dividing Lot Nos. 17 and 18 on said Plan, North OS degrees 00 minutes West, 169.00 feet to a stake; thence South 85 degrees 00 minutes 00 seconds West 100.00 feet to a stake at corner of Lot No. 16 on the hereinafter mentioned Plan of Lots, aforementioned; thence along the line dividing Lot Nos. 16 and 17 on said Plan, South OS degrees 00 minutes 00 seconds East, 169.00 feet to a point in the northern line of the public street orright-of--way aforementioned, at the point and place of beginning. TITLE TO SAID PREMISES IS VESTED IN Frank Varner, individually, by Deed from Frank Varner and Shawna L. Varner, formerly h/w, dated 06/07/2010, recorded 06/09/2010 in Instrument Number 201015133. PREMISES BEING: 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 PARCEL N0.38-13-0985-018A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4364 CIVIL WELLS FARGO BANK, N.A. vs. FRANK VARNER A/K/A FRANK K. VARNER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 8 SMILEY DRIVE, MECHANICSBURG, PA 17050-1534 Parcel No. 38-13-0985-018A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $187,391.97 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2010-4364 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From FRANK VARNER A/K/A FRANK K. VARNER (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$187,391.97 L.L., Interest FROM 06/02/2011 TO DATE OF SALE ($30.80 PER DIEM) - $11,426.80 Atty's Comm Atty Paid $279.50 Plaintiff Paid Date: 3/1/2012 (Seal) REQUESTING PARTY: Due Prothy $2.25 Other Costs ~~Y~~~ Name JOHN MICHAEL KOLESNIK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY f1lQM RECORD b-.1 A~w w~bart eery 1rn0 On March 12, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered 8 Smiley Drive, Mechanicsburg, PA 17055- 1534 more fully described on Exhibit"A"filed with this writ and by this reference incorporated herein. Date: March 12, 2012 By: For Claudia Brewbaker, Real Estate Coordinator ~nwi .. ~ f~t.~ ~rr~ :~~~ # ~*~5rt'~w vrsc~t~~x~3`d' f11 ;~:..~::a~ar~t~itW ~3iU~'e':~ __ ~.. _.. _. Writ 1'~0. Z01O-4364 Civil Term Wells Fargo Bank, N.A. vs. Frank Varner a/k/ Frank K. Varner Atty.: John Micheal Kolesnik By virtue of a Writ of Execution NO. 10-4364 CIVIL, WELLS FARGO BANK, N.A. vs. FRANK VARNER a/k/a FRANK K. VARNER, owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 8 SMIL- EY DRIVE. MECHANICSBTJRG, PA 17050-1534. Parcel No. 38-13-0985-018A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $187,391- .97. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 .--, 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 Cazlisle 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 regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 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. r .--_ is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 day of Ma,,~2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERlANO COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. ~~ 2020 Techinology.Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e~latriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that atl 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: ~4t0Y~M # firm IhM~ lam, q.11, Ysd Frank YarnK a1k1 ~c K. 1I11t+rM~ Atgt: Joihn 11io'Nsd t~q~k ~a~awl~t of E>xo. la 4364 CIVIT. WELLS FARGO BANK,. N.A. vs. FRANK VARNER A/K/A FRANK R VARNER ~veer(p~operty situ~e in the 'p0 OF 3II,VER SFRiN(3, Cbmbe[land Cou~}+, ~ b~eit-g 88 Sht~RNE. Mgji;~iIC'S$'I'JRG, FA 170158-1534 Parcel No. 38.13.098.5-018A (Acreap~e or:dt'eet addce:~) thetec~: ItFS~F.APf IAL DWEI.LIAK'i runGr~arr Aa~uNT sisa,3s1.97 04/27/12 ~, 2012 A. D. ~~~ ~ ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public lower Paxton Twp., pauphln County My Commission Explre5 Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSQC.ATION pF NOTARIES 05/04/12 05/11/12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal Home Loan Mortgal?e Corporation is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 1st day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Terre, 2010 Number 4364, at the suit of Wells Fargo Bank, N.A. against Frank Varner A/K/A Fran K. Varner is duly recorded as Instrument Number 201236016. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '~ ~~ r { _, A.D..~C~ I day of _~ ~ ~ R order of Deeds recorder of Deeds, Cumberland CourM~, CarRsla, AA .Ny Commission Expires the Frst Monday a1 Jen. 2014