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Home My WebLink About10-4559Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, h'sq., 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. TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 Defendants ,~ =" TRry t~ '' ~'%s~Y ;. 1Df ~ Dui. ~ Z ~~~ ~ lC~~ 3~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I~' y 55.~ ~ N- CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 243448 243448 ,t 9 ,~,QO ~ oC any ~~~ ~7yss7 ,e-1~~1~1~4 ~4 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 Fl?E. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 243448 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/22/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1916, Page 3462. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11 /01 /2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 243448 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2009 through 06/28/2010 (Per Diem $30.89) Attorney's Fees Cumulative Late Charges 07/22/2005 to 06/28/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Suspense Credit Escrow Credit TOTAL 7 8 $219,966.54 $8,349.43 $650.00 $446.52 $45.00 550.00 $230,007.49 ($1,304.19) 122.54 $228,580.76 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 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvar>ia Housing Finance Agency. File #: 243448 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $228,580.76, together with interest from 06/28/2010 at the rate of $30.89 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP .t By: ~~~~ ~~~Q/1/% ^ 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. S874S ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ 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 #: 243448 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being on South Market Street, and bounded and described as follows, to wit: BEGINNING at a point in the curb line on South Market Street aforesaid; thence in a westerly direction by lot formerly of Samuel F. Hauck 86 feet 3 inches; thence by lot of same on present line dividing the two lots 69 feet 2 1/2 inches to an alley; thence along said alley 38 feet 3 inches to lot formerly of R. G. Young, now of Elwood G. Swanger and wife; thence along said lot 155 feet to Market Street on the curb line; thence along curb line 39 feet 5 (erroneously stated as 56 inches in prior deed) inches to line of lot formerly of Samuel F. Hauck, the place of BEGINNING. SUBJECT, however, to the reservations and restrictions contained in prior deeds BEING THE SAME premises which Milton Shapiro and Bernadette Shapiro, husband and wife, by their deed dated October 11, 1993 and recorded October 14, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book'O', Volume 36, Page 1067, granted and conveyed unto Milton Shapiro. Teresa M. Shapiro joins in this deed to convey any marital interest she may have acquired and they are the GRANTORS herein. PROPERTY BEING: 112 SOUTH MARKET STREET PARCEL# 16-23-0565-053 File #: 243448 VERIFICATION The undersigned attorney hereby states that 1 am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ Attorney for Plaintiff DATE: ~ ~ ~ ~ V File #: 243448 r ~~~ t:.~ ~ ~ ~~. . 101 ~ rY !. l~ ~) ~ s ! f ~' ~ ' ; i +. ~ v do/o ~u~ S- ~ryr !0~/d x ~ ~, UtW, ~y .'^~: ... ~,~ yF ~~I ~:~ _ 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., ld. 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. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4559 CIVIL TERM TIMOTHY L. GERWIG CUMBERLAND COUNTY PAUL C. MARRA Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 243448 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney fo laintiff C (/ By: ~t c, ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-2-10 PHS #: 243448 VERIFICATION Jennifer G. Pa ne Vice President of Loan Documentation Y ,hereby states that he/she is of, Wells Fargo Bank, N.A. s/b/m to 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 of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7 - 2 2 -10 File #: 243448 Name: Title: Vl'ce President of Loan Documentation Wells Fargo Bank, N.A. s/b/m to Servicer: WELLS FARGO HOME MORTGAGE, INC. Name: GERWIG 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. vs. TIMOTHY L. GERWIG PAUL C. MARRA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 10-4559 CIVIL TERM CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: TIMOTHY L. GERWIG 112 SOUTH MARKET- STREET MECHANICSBURG, PA 17055-6329 PHS #: 243448 PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 Phelan Hallinan & Schmieg, LLP Attorn or Plaintiff By_ I~,~~~~,.,,~Qi~',j ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-2-10 PHS #: 243448 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff ~f~l Jody S Smith ~sw,~cp of ~u,~~,~r~~~ Chief Deputy 'G ~ ~ ~ ~ '-~ ~ ~ ~'„ I Richard W Stewart `` ~~ ~~ ,ZOlO ~~ ~~ l0 SOllCltOf Q~~iCE'v~ Tt1~ 5'i$RIF~ ~~4 _ - - ,,•~'~ i y ' S't, { ~ F. Ronny R Anderson Wells Fargo Bank, NA Case Number vs. Timothy L. Gerwig (et al.) 2010-4559 SHERIFF'S RETURN OF SERVECE 08/04/2010 03:43 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2010 at 1543 hours, she sensed a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to Writ: Timothy L. Gerwig, by making known unto himself personally, at 112 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personably the said true and correct copy of the same. ~_.~ DENNIS F ,DEPUTY 08/04/2010 03:43 PM -Dennis Fry, Depujhr Sheriff, who being duly sworn according to law, states that on August 4, 2010 at 1543 hours, she seed a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to vllit: Paul C. Marra, by making known unto himself personally, at 112 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 August 05, 2010 ,rr~ DENNIS F ,DEPUTY ~' SO ANSWERS, '' ~~~~~~ RON R ANDERSON, SHERIFF (c) GounrySuite Sheriff, Teleosoft, Inc. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. TIMOTHY L. GERWIG PAUL C. MARRA Attorney for Plaintiff cn L =' ` 1 C-' w ck '1-(06137{ CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4559 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY L. GERWIG, and PAUL C. MARRA, 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: 243448 As set forth in Complaint $228,580.76 Interest - 06/29/2010 to 09/08/2010 TOTAL $2,224.08 $230,804.84 I hereby certify that (1) the Defendant's last known address is 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ? Lawrence T. Phelan, Es ., d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 qt e etal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d-616 PHS # 243448 PROTHONOTARY 243448 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. TIMOTHY L. GERWIG PAUL C. MARRA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4559 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY L. GERWIG is over 18 years of age and resides at 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329. 243448 (c) that defendant PAUL C. MARRA is over 18 years of age and resides at 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?? ?1110 ? Lawrence T. Phela , ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? udith T. Romano, Esq., Id. No. 58745 Z Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 243448 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. TIMOTHY L. GERWIG PAUL C. MARRA MECHANICSBURG, PA 17055-6329 against you on ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 [ZSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4559 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered I 9-1b By: f? )4 If you have any questions concerning this matter please contact: 243448 WELLS FARGO BANK, N.A. v Plaintiff TIMOTHY L. GERWIG PAUL C. MARRA Defendant(s) TO: PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 DATE OF NOTICE: August 25, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4559 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 243448 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phel sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,,--3heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 243448 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 10-4559 CIVIL TERM TIMOTHY L. GERWIG CUMBERLAND COUNTY PAUL C. MARRA Defendant(s) TO: TIMOTHY L. GERWIG 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 DATE OF NOTICE: August 25, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 243448 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phel n q., 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 heetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 243448 ,_, PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. TIMOTIIY L. GERWIG PAUL. C. MARRA Defendant(s) NO.: 10-4559 CIVII~ TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09J09/2010 to Date of Sale ($37.94 per diem) TOTAL O ~a~•. oo pu ~ lo~.oo CBF Aa.co I~F• 00 " a.~o 14T.W r r ~ f'~~ cR. Oo ~tlr° Cp • 50 ~(. ca ~ ~~ ~ ,.. m ._, -~-~s $230.804.84 ~fm' ? ~_a ,.~ -~ -~ r+~ „ - ~ ~ ...... ~ , ,, . _ , m _. . $ 6.639.50 - c- ~"x ~; ~ `-s ---r c-~ "`- `-a ~"? c~ -~ ~~, ^ .~7 ~ ' 444 $237 ~° ;~ C.aJ ~ f i't . . , ;:_," ~ o ; ~t~~a -. ~a . -~; Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^Michele M. Bradford; Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No, 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 43337 ^ 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 Note: Please attach description of property. PHS # 243448 C11~ II~1. tt Eon{ Q.* 0150~1do'j y o. N ~ ~` N M ~ ~ W '^ GWr„~ O ~ Q C~J~ Q' ~ C7 F, o. F. °" ~ a a ~ W . 3 C 7 04 ~ " ~ ~ Qxz ~ ~p~ QQ U ~ ~ ~ U `~^ v d E... ~ ~ a .-, ~ Y~ ~ oa O O~ ~~ O~ ~W ~V z P0. ~~ •C .~ ~' a, a w 3 P4 W a UA ~~ H ~ ~ O o 0 W O '~ W ~ U 0 t`~nv~p~p ~ a\~~~~p N v~~ ~ .-~dM' ~ ~"gt^1 N~ N~~ 0~0 ~ r M O~~ O~ O N O M~~ O~ OMC~-•~~'CN Z O O p~~z+o~o~Nvh~i'QZZ`~ZZ'd a~Z-+`~. Wiz'-td~ z.~O'~c~,p,~~-'L!-~ W r~-i`~ vii 'aw ~yW ~W _~~,~ ~WW,~Ww . r; y ti ate'., ~ ~~d~~W~-'~ '~ ~E:xv~~ ov~AH ~ ~ a~ ~ ca C7 ~W A~ ~ U daDDL7DDDDDDDDDDDDD^ 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. TIMOTHY L. GERWIG PAUL C. MARRA Defendant(s) CERTIFICATION 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 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Vu~~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ 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 ~~~ ~~-~~:F~~~ ~~' Ti~~ ~' ~~lT,~~~OTARY ~~ Attorneys for Plaintiff CL', W.i~I r~~~~~ C~IJ;~ s Y r ~~vf""y YLV~""-.k~ COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4559 CIVIL TERM WELI,~S FARGO BANK, N.A. COURT OF COMMON PLEAS „~ Pll~intiff CIVIL DIVISION v. . NO.: 10-4559 CIVIL TERM TIMOTHY L. GERWIG . PAUL C. MARRA Defendant(s) CUMBERLAND COUNTY PHS # 243448 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 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329. 1 2. 3 4. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ~ ascertained, please so indicate) ~-' "' `'~ _ ~~a --~ TIMOTHY L. GERWIG 112 SOUTH MARKET STREET r-q. ~ ~ , `~~ MECHANICSBURG, PA 17055-6329 ~' =~' `~" ; - ~i %; ,... ~~' ~ ~-ry PAUL C. MARRA 112 SOUTH MARKET STREET , t"'~ _~ ~ ~.7 ~ ~ ."~.. MECHANICSBURG, PA 17055-6329 '~ -;-~ - ~ ~.> ~ ~,a ~ Name and address of Defendant(s) in the judgment: ~"` ~` ~' Name Address (if address cannot be reasonably ~ ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. 420 MONTGOMERY STREET SAN FRANCISCO, CA 94104 7185 VISTA DRIVE WEST DES MOINES, IA 50266 P.O. BOX 31557 BILLINGS, MT 59107 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 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. October 2,~, 2010 By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. TIMOTHY L. GERWIG PAUL C. MARRA NO.: 10-4559 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 ~, r.., o .,~ _: ~ ; . s 4 y ~: ~-*, ~~ ~ **THIS FIItM 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $230,804.84 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 fmd out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be .receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR .CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being on South Market Street, and bounded and described as follows, to wit: BEGINNING at a-point in the curb line on South Mazket. Street aforesaid; thence in a westerly direction.by lot formerly of Samuel F. Hauck 86 feet 3 inches; thence by lot of same on present line dividing the two lots 69 feet 2 1/2 inches to an alley; thence along said alley 38 feet 3 inches to lot formerly of R. G. Young, now of Elwood G. Swanger and wife; thence along said lot 155 feet to Mazket Street on the curb line; thence along curb line 39 feet 5 (erroneously stated as 56 inches in prior deed) inches to line of lot formerly of Samuel F. Hauck, the place of BEGINNING. SUBJECT,. however, to the reservations and restrictions contained in prior deeds. TITLE TO SAID PREMISES IS VESTED IN Timothy L. Gerwig, an adult individual and Paul C. Marra, an adult individual, as joint tenants with the right of survivorship-.and not as tenants in common, by Deed from Milton Shapiro and Teresa M. Shapiro, h/w, dated 09/10/2004, recorded 09/15/2004 in Book 265, Page 1206. PREMISES BEING: 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329 PARCEL NO.16-23-0565-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4559 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 TIMOTHY L. GERWIG and PAUL C. MARRA (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 $230,804.84 L.L.$.50 Interest from 9/9/10 to Date of Sale @ ($37.94 per diem) -- $6,639.50 Atty's Comm % Due Prothy $2.00 Atty Paid $194.50 Plaintiff Paid Date: 10/28/10 Other Costs l avid D. B ell, Prothonotary (Seal) - By: REQUESTING, PARTY: Name: JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Deputy FI! ray : OF THE PROTH6 I D' r 17 AM (O: CUMBERLAUD t??1,:? FEt5;V?';tlA 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County TIMOTHY L. GERWIG PAUL C. MARRA No.: 10-4559 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 243448 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 12, 2010. 2. Judgment was entered on September 9, 2010 in the amount of $230,804.84. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $219,966.54 Interest Through March 2, 2011 $15,963.03 Per Diem $30.89 Late Charges $0.00 Legal fees $1,300.00 Cost of Suit and Title $1,465.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $100.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($812.67) Escrow Deficit $4,773.45 TOTAL $242,755.35 243448 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 10, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 243448 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ?Q D Hallinan & Schmie , LLP By: U L ence T. Phelan, Esq., Id1 N1 32227 ? F an is S. Hallinan, Esq., Id. No. 62695 ? D i 1 G. Schmieg, Esq., Id. No. 62205 ? Mi ele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 FIXheetal 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 ATTORNEY FOR PLAINTIFF 243448 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County TIMOTHY L. GERWIG PAUL C. MARRA No.: 10-4559 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 243448 I. BACKGROUND OF CASE TIMOTHY L. GERWIG and PAUL C. MARRA 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 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- 6329. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.I,.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 243448 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 CoKp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 243448 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 243448 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 amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 243448 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 243448 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 243448 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Hallinan & Schram, LLP DATE: By: a ence T. Phelan, E q., Id. No. 32227 ? cis S. Hallinan, E q., Id. No. 62695 ? iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 [JAheetal 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 Attorney for Plaintiff 243448 Exhibit "A" 243448 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambiett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. TIMOTHY L. GERWIG PAUL C. MARRA Attorney for Plaintiff C) ?r ?C ?z C' : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4559 CIVIL TERM ? LPRAECIPE FOR IN REM J UD FAILURE TO V ANSWER AND ASSESS AGES TO THE PROTHONOTARY: 0 rn -v 0 W Kindly enter judgment in favor of the Plaintiff and against TIMOTHY L. GERWIG, and PAUL C. MARRA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 0 -n rn 243448 As set forth in Complaint $228,580.76 Interest - 06/29/2010 to 09/08/2010 $2.224.08 TOTAL $230,804.84 I hereby certify that (1) the Defendant's last known address is 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329, and (2) that notice has been given in accordance with Rule 237.1, copy attached. LJ Lawrence T. Phelan, Esc ., d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 udith 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (6 0 PHS # 243449 PROTHON ARY 243448 Exhibit "B" 243448 C o. ? a W ? x? U v ? .? o0 z ? cn ¢?o x ? U ? z?a a0a -0 L C ? Cd V ? C zd0 ao ro ? O 7 V G O _ N O n a ? C 6 9 T? Q ? a a ? E c a? `? °a £ G L 6 l 3000 d,Z Wo [ O E d a l oz 0 l 330 3 0311bW 9SZ s c LLZb000 - oU H ° v ;% zo s- ?+utioe n314 Aid e? C '- Z Po E w.2 000 d c 10 ' ' -4 NO lb 1? d15 0 g, ro 3 a y S? V o? E- ? ? rn E £ E a a ? q d a ? E 3. °' E v •• R ` ° u v E w b 0 ? t 0 N v 0 n f-' bq C R w In ? o a o p E b ? ? ? w [? O a i o a c CG a a ?°o 8 .'c E ?- w w oo ?"' w ?? py v. co _E ow ? x N ?, E O C O ? P ? E .= E ? V . . o ? ??mE 3 ?, ? Q , , "' ?F?. x ? ? rx w ? aoo ? z ., 000 F a a Q Q C) x 4.0 o ? ? Q ? ? W z G? aN 1.2 a a w A Q ?? >. o y , a in a a E o f L p C N a w d ? r ?7 C7 G C7 V ? h a a a aN a a a a U a a a .a Q x a ?w U ?o c ? xa x x °-0 ox o o a o o E W ? Q ? w ? ? U z v ..o E o0 ? 0o 'IT 00 IT 00 00 v 11 M n 'T M IT en N y N N y N IT N Q rTi rTi h+w ?n ?i v) x ? a a a a a ?? d E O t- 00 rn O N M n F°i 00 M N O ra -Tj N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 10, 2010 TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 RE: WELLS FARGO BANK, N.A. v. TIMOTHY L. GERWIG and PAUL C. MARRA Premises Address: 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 10-4559 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 15, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lawrence squire ; Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire drew C. Bramblett, Esquire A11 ison F. Wells, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. P Hallinan & S ieg, LLP DATE: By: ? e ce T. Phelan, E q., Id. No. 32227 ? cis S, Hallinan, Es ., Id. No. 62695 ? iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? udith 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 ATTORNEY FOR PLAINTIFF 243448 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 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. Court of Common Pleas Plaintiff Cavil Division V. CUMBERLAND County TIMOTHY L. GERWIG PAUL C. MARRA No.: 10-4559 CIVIL TERM Defendants CERTIFICATION OF SERVICE 243448 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 TIMOTHY L. GERWIG PAUL C. MARRA 9801 SOUTHWEST 85TH STREET MIAMI, FL 33173 TIMOTHY L. GERWIG PAUL C. MARRA 112 NORTH MARKET STREET FREDERICK, MD 21701 TIMOTHY L. GERWIG 12312 DETOUR ROAD KEYMAR, MD 21757 Hallinan & Schmiea. LLP DATE: By: U a rence T. Phelan, FAq., Id. No. 32227 ? r cis S. Hallinan, Esq., Id. No. 62695 ? a iel G. Schmieg, Esq., Id. No. 62205 ? hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 EjAheetal 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 243448 FILED-OFFICE OF TIME PRUTI ONO CFaj? ;• 2010 DEC 21 PM 12: 4 7 CUMBERLAND COUNTY PENNSYLVANIA 1?EC 2 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. TIMOTHY L. GERWIG PAUL C. MARRA Defendants CUMBERLAND County No.: 10-4559 CIVIL TERM / RULE AND NOW, this t day of 2 10, a Rule is entered upon the Defendants 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. YT HE COU J. 243448 243448 FtLPROSHONO AR' SHE OF 2014 DEC 29 Aft 10. 14 OO?gERt_ YND ANtA?Y PENHS 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County TIMOTHY L. GERWIG PAUL C. MARRA No.: 10-4559 CIVIL TERM Defendants CERTIFICATION OF SERVICE 243448 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individuals on the date indicated below. TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 TIMOTHY L. GERWIG PAUL C. MARRA 112 NORTH MARKET STREET FREDERICK, MD 21701 DATE: ? A ti TIMOTHY L. GERWIG PAUL C. MARRA 9801 SOUTHWEST 85TH STREET MIAMI, FL 33173 TIMOTHY L. GERWIG 12312 DETOUR ROAD KEYMAR, MD 21757 Phelan Hallinan & Schmiea. LLP By: ? L ence T. Phelan, Esq. Id. No. 32227 ? Fr cis S. Hallinan, Esq. Id. No. 62695 ? D iel 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 ATTORNEY FOR PLAINTIFF 243448 FILED-OFFICE OF THE PROTHONOTARY" Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 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. TIMOTHY L. GERWIG PAUL C. MARRA Defendants 2011 J6 37 CUMBE JiUTY YL A ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4559 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 243448 WELLS FARGO BANK, N.A., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 16, 2010. 3. 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 Defendants on December 10, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Court on or about December 21, 2010 directing the Defendants to show cause 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". 5. The Rule to Show Cause was timely served upon all parties on December 28, 2010, 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". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 243448 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: - 111/ 1/1 PhelanHallinan & Schmieg, LLP LJ"La'*ence T. Phelan, Esq., Id-1Va-32227 ? eaniel cis S. Hallinan, Esq., Id. No. 62695 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 ATTORNEY FOR PLAINTIFF 243448 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 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. TIMOTHY L. GERWIG PAUL C. MARRA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4559 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 243448 A Motion to Reassess Damages was filed with the Court on December 16, 2010. A Rule was entered by the Court on or about December 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 243448 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan Hallinan & Schmieg, LLP ?Ld ence T. Pheldn, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 243448 Exhibit "A" 243448 S cn a W ,o Q a ' pQ„ Z C A a?a b ? ?QO n g s ' Y?eg r o yEy G C y w .X u g E w 0 O q ? ? ? F V1 0 E 9 ? o ? E-? w W a H w o ? .-+ ?x ?o =y? s ? ? o ms ? W ? a b U ? ' E ., ? F ? ' ; ? o b ?pp LI a F •-a m - S _. ? N M v F r rn N FF??11 FBI ? /yr rl ? y V P dl 1? 'O"1 b x H v A ? ' Q a ? o b U ?, U U OF a ° a C4 aM 4 `4 a Q a Q w Q ?s 0.W .p O 'C7 'Ty M N .r V V Vo 7 C .r V y o y j A .ti W vm W ? ven W c?? W ? W v ?i aen .4 J a c r?yz w xLT . °a o o O fa 0 O E xw xd a F? F? H Gz, F E-? F°. z a? .a E ao a w w ? m -Mr eny ? q U N N N N N v Q ? x+ t?i r?r ?? a ? a a a w r? 44 u -a ?- N rn' V' 'n ?O l? 00 O? O N r2 'n F-o rt N r L c- 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 December 10, 2010 TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 RE: WELLS FAR.GO BANK, N.A. v. TIMOTHY L. GERWIG and PAUL C. MARRA Premises Address: 112 SOUTH MARKET STREET MECIIANICS.BURG, PA 17055 CUMBERLAND County CCP, No. 10-4559 CIVIL TERM Dear Defendants, Enclosed please f nd 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 December 15, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lawrence 'I. Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith 'I'. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire /Andrew C. Bramblett, Esquire ,.Allison F. Wells, Esquire Enclosure Exhibit "B" 243448 UEC 2 0 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. TIMOTHY L. GERWIG PAUL C. MARRA Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4559 CIVIL TERM j RULE AND NOW, this t day of TA" "410, a Rule is entered upon the Defendants 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 "I I-IE COURT J. 243448 243448 Exhibit "C" 243448 FILED-OFFICE OF TIjE PROTHONOTARY 2010 DEC 29?'? I,' PENNSYEVA° A TY ?? Q 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. 9462?Q ? 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. Plaintiff Court of Common Pleas Civil Division V. CUMBERLA?I#County TIMOTHY L. GERWIG PAUL C. MARRA No. 559 CIVIL TERM C?MOIR' 1 Defendants ' CERTIFICATION OF SERVICE 243448 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individuals on the date indicated below. TIMOTHY L. GERWIG PAUL C. MAROV-V ?? 112 SOUTH MECHANIC SfLVr4 17055-6329 TIMOTHY L. GERWIG PAUL C.MARRA 112 NORTH MARKET STREET FREDERICK, MD 21701 DATE: \a a- b TIMOTHY L. GERWIG PAUL C. MARR.A 9801 SOUTHWEST 85TH STREET MIAMI, FL 33173 TIMOTHY L. GERWIG 12312 DETOUR ROAD KEYMAR, MD 21757 Phelan Hallinan & Schmiea. LLP By: U L rence T. Phelan, Esq Id. No. 32227 cis S. Hallinan, Esq. Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ?Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 El Chrisovalante P. Fliakos, Esq., Id. No. 94620 R Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, E, Id. No. 206779 0 Andrew C. Brambles; sq., Id. No. 208375 ? Allison F. WeWtsq., Id. No. 309519 ATTORNEXvF6R PLAINTIFF t r l- 243448 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Hallinan & Schmieg, LLP DATE: By: - / 1/1 /// L_J Lawrence T. Phelan, Esq., Id. o. 27 ? Fr cis S. Hallinan, Esq., Id. No. 6269 ? joamel 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 ATTORNEY FOR PLAINTIFF 243448 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 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. TIMOTHY L. GERWIG PAUL C. MARRA CUMBERLAND County No.: 10-4559 CIVIL TERM Defendants CERTIFICATION OF SERVICE 243448 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. TIMOTHY L. GERWIG TIMOTHY L. GERWIG PAUL C. MARRA PAUL C. MARRA 112 SOUTH MARKET STREET 9801 SOUTHWEST 85TH STREET MECHANICSBURG, PA 17055-6329 MIAMI, FL 33173 TIMOTHY L. GERWIG TIMOTHY L. GERWIG PAUL C. MARRA 12312 DETOUR ROAD 112 NORTH MARKET STREET KEYMAR, MD 21757 FREDERICK, MD 21701 Phelan allinan & Schmieg, LLP DATE: By: 32227 ? Lawr nce T. PhelagW-- o. ? Francis S. Hallinan, Esq., Id. No. 62695 ? Pe(hiel 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 ATTORNEY FOR PLAINTIFF 243448 FILED-OFFICE OF TBE PROTHONOTAR'Y 20111 AN 24 AM 9'. 52 PHELAN HAUJ NAN & SC) EMEG, 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, Esq., Id No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY Attor?pf 1+bN$lihty?NI A WELLS FARGO BANK, N.A. VS. TIMOTHY L. GERWIG PAUL C. MARRA Court of Common Pleas Civil Division Cumberland County No. 10-4559 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendants, TIMOTHY L. GERWIG and PAUL C. MARRA, by first class mail and certified mail to the mortgaged premises, 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329, posting of the mortgaged premises, 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329, and 3 publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, TIMOTHY L. GERWIG and PAUL C. MARRA, personally with the Notice of Sale have been unsuccessful as indicated by the Affidavits of Return of Service attached hereto as Exhibit "A". The Plaintiff attempted to serve the Defendants at the mortgaged premises, 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329, but found it to be vacant. The defendants do not live at 112 NORTH MARKET STREET, FREDERICK, MD 21701, or 9801 SOUTHWEST 85TH STREET, MIAMI, FL 33173. The Defendant, TIMOTHY L. GERWIG does not reside at 12312 DETOUR ROAD, KEYMAR, MD 21757. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Guido entered an order for Reassessment of Damages dated December 21, 2010 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on JANUARY 13, 2011 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff's JANUARY 13, 2011 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of January 20, 2011 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, TIMOTHY L. GERWIG and PAUL C. MARRA, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, 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 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 Wells, Esq., Id No. 309519 Attorneys for Plaintiff January 20, 2011 5 EXHIBIT A PLAWTM WENS FARGO BANK, N.A. DEIN MANT TIMOTHY L GERWIG PAUL C. MARRA SERVE TIlKOTHY L GgRWIG AT: 112 SOUTH MARKET STREET MECHANItSEURG, PA 17055.6329 PUS # 243448 COURT NW 10409 CIM TERM TYPE OF ACTION XX Nodee of Shaw$ Sale SALE DATE: 0310 Mll Saved and made known to ?mrwrOM I- MM . Defendant on the _, day of 120 _, at . o'clock _. M., at . in the manna' described below: Defendant personally saved. _ Adult family member with whom Defendant(s) reside(s). Adult is charge Defendant's residence who refused to give name or relationship. Roof _ 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. a competent adult, bang duly sworn according to law, depose and state that I personally I, handed a true and eotteCt copy of dw Ndice f Sh dffs_Sale in the manned as set forth herein, issued in the case on the date and at the address indicated above. Description: Age Height Wei Race Sex Other Sworn to and subscribed before me this day of • 20_ Notary. By. NOT SERVED On the -L2±dey of Aft EMS 2012, at : ob o`clock,P. M., Defendant NOT FOUND because: Vacant _ Does Not Exist 1/Moved _ Does Not Reside (Not Vacant) No Answer on at err Service Refused p Other. P? AVA6#" : 'Q"%Cves DE -f NP0txT A to l r.? -TD 0V ? Sworn to and bed before thi's _11E day Of 0 0 ?.. By: AT Notary: W EKIMBERLY CURTY TARY PUBLIC OF NEW JMWY EXpjM MARCH 7, 2013 AFFIDAVIT OF SERVICE MW COUNTY CUMBERLANDA) jGWWLow*ay.1iNL8W7 1,..L1AftMMWter.Na9r vti.tww+.ya,},ta llama Jgs.J=%ft11 LNaate/ narr.1"dq6ZM%'LftWM 1Amd1 L#00d aq.rirL"W JdMNkQdWM%1nt.1iN.9WN C1iMw12ftr- ndN% a", n. N. sew Je"4Gd1W%a%,JiNw2OM7 q?M*/ a. ass~ all+ ti Na 7M7H lsawm91DH! Mi 4 "a,rp"k1rAVV3-W4 C?Igsflaa? 9- EXHIBIT A PLAI1cTTIFF WELLS FARGO BANS, N.A. DEFENDANT TIIVIOTHY L. GUWIG PAUL C. MARRA SERVE PAUL C. MARRA AT: 112 SOUTH MARKET STREET MECAANICSSURG, PA 17WS-6329 PAS X1243449 COURT NO.: 10-4" 9 CIM TERM TYPE OF ACTION %% Notice at 36ffiR's Sde SALE DATE: 031VMll SU-M pRRA Defendant on the _. day of 20 at Served and made known to PALii? C 1V the manna described below: o'clock _M., at r Defendant y ?y served. with whom Defendant(s) reside(s)- Relationship of Defendant's residence who refused to give name or reladons - Adult in char8'F _ ManaW&Iak of place of lodging in which Defendcmt(s) reside(s). _ Agent or person in charge of Defendant's office or usual place an officer of said Defendant's company. Othw. Sex other Description Age Height Welght Rase . a competent adult, being duly sworn according to law, depose and Sbft that 1 personally 1, handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of • 20-- Notary: By: NOT SFRVED POUND because: the ? day of Nn /fb?, 20.x, at cee o'clock ?. M., Defendant NOT Vacant - Does Not Exist ? Moved - Does Not Reside (Not Vacant) _ No Answer on -at _ Savice Refused Other: (pRa Ngl6YboQ $Eu uES DLX-"A0"1 4"-YRb 1-6 before me Ahis?ry Of a V , .L• By: NoWn KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY gritRatiiJ"1W163wn §"w IiLVWW.Z51JLWWW WakWMftV ,at1•,lifta?1 ]pa.J10%ate„1LWKW7 1Me l LYei? ?,1r. 7c.. an1 jWM aq?, IL NIL Sun jwbnLG4WWNN2 9,liWL7MA C0w%W t>~ b4.1L 7i.1rf/1! ? o>$ti? Hbads"64PAONS-M4 =563-7W AFFIDAVIT OF SERVICE (FNMA) EX"'l3ist A PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ kxc TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE TIMOTHY L. GERWIG AT: TYPE OF ACTION 112 NORTH MARKET STREET XX Notice of Sheriffs Sale FREDERICK, MD 21701 SALE DATE: 03/02/2011 SERVED Served and made known to TIMOTHY L. GERWIG , Defendant on the _ day of , 20 _, at o'clock _. M., at in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20 . Notary: By: NOT SERVED On the day of 20-X1 at o'clock P. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved ?oes Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and s]Ibed before me this a day of 071p-C By Notary: ATTORNEY FOR PLAINTIFF Lawren re, T. Phelan, Esq., Id. No. 32227 r Francis S. i ,Esq., dId. No. . 62695 Daniel G. Schmchmie g, Esq., W. No. o. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine % Davey, Esq., Id. No. 87077 .. S TA ?pTAgY'??cn i i RE ?COV'-!? 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. FBekos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramble([, Esq., Id. No. 208375 Allison F. Welt, Esq., Id. No. 309519 One Penn Cen[er at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 lk+01212013 l AFFIDAVIT OF SERVICE (FNMA) EXHIBIT A PI,AINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ laic TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE PAUL C. MARRA AT: TYPE OF ACTION 112 NORTH MARKET STREET XX Notice of Sheriffs Sale FREDERICK, MD 21701 SALE DATE: 03/0212011 SERVED Served and made known to PAUL C. MARRA , Defendant on the _ day of , 20 _, at , o'clock _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: SZ- NOT SERVED On the J:2--1 day of?, 20/Vat 7 o'clock . M., Defendant NOT FOUND because: - Vacant _ Does Not Exist _ Moved >0Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and sut?c?'bed before-me day of ?bi2b By N y: ATTORNEY FOR PLAINTIFF 695 Lawrence T. Phelan, Esq Id. No. 232227 Francis S. HaMan, Esq Id. No. 62695 Daniel G. Schmle8, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal P- Shah-Jana, Esq, Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 J S TA? • ' Lauren R. Tabas, Esq, Id. No. 93337 Vivek Srivastava, Esq Id. No. 202331 B Id N J J E . YO ?O • ?, • / ? (? ay . ones, . o. 86657 sq., Peter J Mulcahy Id No 61791 Esq • O I A'7 •. ?(/ , . . . ., Andrew L. Spivack Esq Id No 84439 ? ? • , , . . Jaime McGuinness Esq Id No 90134 • ? , , . . Chrisovalante P. Fliakos, Esq. Id. No. 94620 • 0 Joshua I. Goldman, Esq., Id. No. 205047 C t R D F Id N 2 7 i? •? .tom. our enay . unn, sq, . o. 06 79 Andrew C. Bramblett, Esq., Id. No. 208375 A ••. pU p \ %•-?" ,(? A18son F. Wells, Esq Id. No. 309519 One Penn Center ai Suburban Station - J` •. V . . n 7617 John F. E Kennedy Bivd, Su{te 1400 ......... A 19103-1814 21 ) 9 . r` iv? 5 63-7000 cow* 51212013 AFFIDAVIT OF SERVICE (FNMA) EXHIBIT A PLAINTIFF CUM$ERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ kxc TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE TIMOTHY L. GERWIG AT: TYPE OF ACTION 9801 SOUTHWEST 85TH STREET XX Notice of Sheriffs Sale MIAMI, FL 33173 SALE DATE: 03/02/2011 SERVED Served and made known to TIMOTHY L. GERWIG , Defendant on the _ day of , 20 __, at o'clock _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: -- NOT SERVED On the 3a day of 2 C 2Q/ G at 71o' clock M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: Sworn to and subscribed bef re me this day o 10. By: Notary: - (4w,d), R?k? F?OfbR Hubwly ? oa 1"14 017J8y No lieu w 12 ej.c(-&« + 6* e.r -Jo se p Iq a,-F e.. -# 30 ATTORNEY FOR PLAINTIFF lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Haman, 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 Sheets] R. Shah-Jan d, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87677 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 Chrisova]ante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtensy R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblctt, Esq., Id. No. 208375 Allison F. Welk, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS #243448 E?/MBIT A DEFENDANT SERVICE TEAM/ kxc GJJ?`n VV TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE PAUL C. MARRA AT: TYPE OF ACTION 9801 SOUTHWEST 85TH STREET XX Notice of Sheriffs Sale MIAMI, FL 33173 SALE DATE: 03/02/2011 SERVED Served and made known to PAUL C. MARRA , Defendant on the _ day of , 20 _, at , o'clock _ M., at in the manner described below: - Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age Height Weight Race Sex Other I, 7J"4 A44wk It • , a competent adult, being duly sworn according to law, depose and state that I personally handed a rue and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: NOT SERVED On the ( day of t"- 2010, A40 o'clock P. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved !)oes Not Reside (Not Vacant) No Answer on at at IUJ14-sa- Service Refused Other: Sworn to and subscribed b e me this 17 day of By: r*wyk fN, "0 "PuNk $We o/ Florida Rebekkah Huberty Uy Comnlhsion EEO17462 or+ E)Pk" 081111 014 ATTORNEY FOR PLAIN TIFF Lawrence T. Phelan, Esq., Id. Ne. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. SchmiM Esq.,1d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq, Id. No. 81760 Jerme 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 Chrisovamnte P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goidman, Esq, Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andm 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 3 4*A*-' 5 i A AFFIDAVIT OF SERVICE (FNMA) - PLAINTIFF CUMBERLAND COUNTY PEXHIBIT A WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ kxc TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE TIMOTHY L. GERWIG AT: TYPE OF ACTION 12312 DETOUR ROAD XX Notice of Sheriffs Sale KEYMAR, MD 21757 SALE DATE: 03/02/2011 SERVED Served and made known to TIMOTHY L. GERWIG , Defendant on the _ day of , 20 _, at , o'clock _ M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: o' (? o'clock. N QT SERVED , / 20A at ? 10 On the day of y M.., , Defe ant NOT FOUND because: I;W _ Vacant - Does Not Exist - Moved Does Not Reside (Not Vacant) No Answer on at Refused _ 0XyWW Other: Sworn to and subs ribed of for e is day Notary: ?g TALgN ?OSAgy•??cf' • P a y ?c) . ?r> does ('X-A resi& . `M;s ;s h,S By: 1)1,Dalo? *C*W*5112013 QlI? YON ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Fr ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sdunieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Julith T. Romano, Esq., Id. No. 58745 Sheelal R. Shah•Jani, Esq., Id. No. 81760 Jeihae R. Davey, Esq., Id. No. 87077 La wren R. Taber, Esq., Id. No. 93337 Wrek Srivastava, Esq., Id. No. 202331 Ja,r B. Jones, Esq., Id. No. 86657 Peier J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinnucs, Esq., Id. No. 90134 Cbrisovalante P. Flinkos, Esq., L. No. 94620 Jwhua 1. Goldman, Esq., Id. No. 205047 Courlenay 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 Phdadelphda, PA 19103-1814 (215) 563-7000 /moo/ cj cr `S AmyS? EXHIBIT B AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 243448 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Timothy L. Gerwig & Paul C. Marra Property Address: 112 South Market Street, Mechanicsbu r& PA 17055 Possible Mailing Address: (Timothy L. Gerwig) 9801 Southwest 65th Street, Miami, FL 33173 (Paul C. Marra) 112 North Market Street, Apartment, Frederick, MD 21701 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Timothy L. Gerwig - xxx-xx-7906 Paul C. Marra - xxx-xx-5883 B. EMPLOYMENT SEARCH Timothy L. Gerwig & Paul C. Marra - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Timothy L. Gerwig reside(s) at: 112 South Market Street, Mechanicsburg, PA 17055 & Paul C. Marra reside(s) at: 9801 Southwest 85th Street, Miami, FL 33173. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Timothy L. Gerwig & Paul C. Marra. B. On 06-30-10 our office made several telephone calls to a possible phone number of the subject(s) (240) 409-9542 and received the following information: answering machine. On 06-30-10 our office made a telephone call to a possible phone number of the subject(s) (240) 4.09-9589 and received the following information: disconnected. 111. INQUIRY OF NEIGHBORS On 06-30-10 our office made a phone call in an attempt to contact Leona Lynch (717) 697-1964,106 South Market Street, Mechanicsburg, PA 17055: spoke with an unidentified female who could not confirm that the subjects reside(s) at 112 South Market Street, Mechanicsburg, PA 17055. On 06-30-10 our office made a phone call in an attempt to contact Carso Kegerreis (717) 795-8051,115 South Market Street, Mechanicsburg, PA 17055: disconnected. On 06-30-10 our office made several phone calls in an attempt to contact Byron Reppert (717) 697-3221, 116 South Market Street, Mechanicsburg, PA 17055: answering machine. On 06-30-10 our office made a phone call in an attempt to contact A. Woodrow (305) 274-7500,9810 Southwest 85th Street, Miami, FL 33173: disconnected. On 06-30-10 our office made several phone calls in an attempt to contact Olga Alonso (305) 279-0665, 9815 Southwest 85th Street, Miami, FL 33173: no answer. On 06-30-10 our office made several phone calls in an attempt to contact Jose R. Ramos (305) 412-8660, 9820 Southwest 85th Street, Miami, FL 33173: answering machine. EXHIBIT B On 06-30-10 our office made a phone call in an attempt to contact The Tasting Room (240) 379-7772,101 North Market Street, Frederick, MD 21701: spoke with an unidentified female who could not confirm that the subjects reside(s) at 112 North Market Street, Apartment, Frederick, MD 21701. On 06-30-10 our office made a phone call in an attempt to contact Leslie A. Powell (301) 668-7575,115 North Market Street, Frederick, MD 21701: spoke with an unidentified female who could not confirm that the subjects reside(s) at 112 North Market Street, Apartment, Frederick, MD 21701. On 06-30-10 our office made several phone calls in an attempt to contact Alan Hudak (301) 696-2929,118 North Market Street, Frederick, MD 21701: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-30-10 we reviewed the National Address database and found the following information: Timothy L. Gerwig -112 South Market Street, Mechanicsburg, PA 17055 & Paul C. Marra -112 North Market Street, Apartment, Frederick, MD 21701. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Timothy L. Gerwig) 9801 Southwest 85th Street, Miami, FL 33173 & (Paul C, Marra) 112 North Market Street, Apartment, Frederick, MD 21701. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-30-10 Vital Records and all public databases have no death record on file for Timothy L. Gerwig & Paul C. Marra. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Timothy L. Gerwig - 08-01-1970 Paul C. Marra - 08-02-1969 B. A.K.A. Timothy R. Gerwig Paul Christian Marra " Our accessible databases have been checked and cross-referenced for the above named individual(s). Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, ton and nd that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. ling t nswo falsification to authorities. ,i' AFFIANT (?,n,n '2 Sworn to and su scribed befo the this day of The above information is obtained from available public records ? and we are only liable for the cost of the affidavit. EAUD EStRADA camo bou ?l16wl EXHIBIT C PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Kristin.Cooke@fedphe.com Kristin M. Cooke, 1271 Service Department Representing Lenders in Pennsylvania and New Jersey January 13, 2011 TIMOTHY L. GER WIG and PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 RE: WELLS FARGO BAND N.A. vs. TIMOTHY L. GER WIG and PA UL C. MARRA Premises Address: 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- 6329 Cumberland County, No. 10-4559 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by JANUARY20, 2011 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, rY Klistin M. Cooke for Phelan, Hallinan & Schmieg LLP 12 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Kristin.Cooke@fedphe.com Kristin M. Cooke, 1271 Service Department January 13, 2011 TIMOTHY L. GER WIG and PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 EXH1131T C Representing Lenders in Pennsylvania and New Jersey RE: WELLS FARGO BANK, N. A. vs. TIMOTHY L. GER WIG and PAUL C. MARRA Premises Address: 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- 6329 Cumberland County, No. 10-4559 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by JANUARY20, 2011 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin M. Cooke for Phelan, Hallinan & Schmieg LLP 12 EXHIBIT C N w t? c c r c' co cl z N ?O oo J O? a W N y 0. a o ?p * if -0F * 9F CD ? CD ? NC -+ nv? ?r7N,? n ?0 ? t v `• '"' 0 `? ?y 1--1 w i ) ov 0-3 cn > L H ? ro ?+ O S E3 ° ll, O l1J O (-A tTj Y' -3 LA M Y, H a w w ^ ? y o Oa0 n? aN38?? < aC ?. co N C Q? c y. ? a 3 n v, X H ? a' 0 'C G7 • ? ^3 ty?? 7 (AIN .y ? ? ? ? ? ? ?aA® PITNEY BOYYES 02 1M $ 02.52° c. a e3 0004277256 JAN 13 2011 ' MAILED FROM ZIPCODE 19103 r? C •? wft a ? .p C4 m ? j N 1 ti A O O V? Cq Pr b h a? °o PHELAN HALLINAN & SCH MG, 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison 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. Court of Common Pleas Civil Division VS. Cumberland County TIMOTHY L. GERWIG No. 10-4559 CIVIL TERM PAUL C. MARRA : MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. 6 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, Esq., Id No. 309519 Attorneys for Plaintiff Date: January 20, 2011 8 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779" Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, Esq., Id No. 309519 Attorneys for Plaintiff January 20, 2011 9 PHELAN HALLINAN & SCERMEG, LLP 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 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. Court of Common Pleas Civil Division VS. Cumberland County No. 10-4559 CIVIL TERM TIMOTHY L. GERWIG PAUL C. MARRA CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. TIMOTHY L. GERWIG and PAUL C. MARRA: 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: La nce 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. 206799?' Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, Esq., Id No. 309519 Attorneys for Plaintiff Date: January 20, 2011 11 _ LE13-0FF1(1-- t l l JAH 18 P 1: " M B E R L A t. u?PENNS`(LVAID ig .? II A C- z w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Commoaleas Plaintiff Civil Division V. CUMBERLAND County "IMOTHY L. GERWIG PAUL C. MARRA No.: 10-4559 CIVIL TERM Defendants ORDER AND NOW, this? 7 day of ?A, 2011, upon consideration of Plaintiff's r lotion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered L pon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess I Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to a nend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $219,966.54 Interest Through March 2, 2011 $15,963.03 Per Diem $30.89 Late Charges $0.00 Legal fees $1,300.00 Cost of Suit and Title $1,465.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $100.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 243448 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $242,755.35 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission figure. J. T in the above 243448 Ti mo+hy L. Gerwi 00?ke? " RLu? C. Marra Copies 1D- $0.00 ($812.67) $4,773.45 243448 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 TIMOTHY L. GERWIG c a PAUL C. MARRA No.: 10-4559 CIVIL TER1103= Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 -<> COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS:? ca As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienhoi&rs`-j 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 fort on he Affidavit and as amended if applicable. A copy of the Certificate of Mailing rm 81 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is at h eto Exhibit "A". I - it, Date: ativrence 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 ? /Lauren 'th T. Romano, Esq., Id. No. 58745 1S etal R. Shah-Jani, Esq., Id. No. 81760 ne R. Davey, Esq., Id. No. 87077 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 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. C.) C) CD -4m, PHS # 243448 ,FELLS FARGO BANK, N.A. Plaintiff V. TIMOTHY L. GERWIG PAUL C. MARRA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4559 CIVIL TERM CUMBERLAND COUNTY PHS # 243448 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 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) TIMOTHY L. GERWIG PAUL C. MARRA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 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) Wells Fargo Bank, NA 1 Home Campus Des Moines, IA 50328 WELLS FARGO BANK, NA 123 S BROAD ST STE 2080 C/O MARC S. WEISBERG, ESQUIRE PHILADELPHIA, PA 19109 MCCABE WEISBERG & CONWAY PC 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO BANK, N.A. 420 MONTGOMERY STREET SAN FRANCISCO, CA 94104 WELLS FARGO BANK, N.A. 7185 VISTA DRIVE WEST DES MOINES, IA 50266 WELLS FARGO BANK, N.A. P.O. BOX 31557 BILLINGS, MT 59107 . 5. Name and address of every other person who has any record lien on the properly: 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) TENANVOCCUPANT Domestic Relations of Cumberland County 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA I verify that the statements made in this knowledge or information and belief I undersi of 18 Pa. C.S.A. § 4904 relating to unsworn fa Januat .2011 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 are Vfte d correct to the best of my personal :all stat ents herein are made subject to the penalties By: orney 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 ? J ine R. Davey, Esq., Id. No. 87077 Lgtauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., I:d. 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 w £ O l 6 L 3000 dIZ WOa L (? i 0 L60Z 8ZNdJ WL Z0 ozCj?Z? ? c 53M09 h7Nib Z ® m 5 ?°?soa s?ydy w d rl O O M O ?v d V 0o 'V 'MV N x a M Q W F o WWa 9 a a d CO o o Qw0 ?? ?c ? d ao ?alUWd W °''o.? d z M ?a A? ?? ?? Q ?O°° ? U Q wvw?Ow a o a-.?a aaa z °'?T: 3.-A AUNT 5U2" t V N ? z¢o 0 a W G7 F WF a i a * * * * * al" IN MI'vr- 1°0I*,I?IZI?IMI-,zIlwq h u es o - 9,•a E cui E gpgq^ yh .p QNQ,?h y+? a x ll"l'^? V W t? A Wfi m ? ? ' Su O C b d u w E $ aO??°o V ^V" ?H O H Q., ?p E > O O w w O a - a.°•? uN V R O V)a a F w O.F p4 0 a? W J; m ?.s a o4 V V 4o 00 .g oa b v w ? o ? z„ U O .? ? 's r Y4? ? i'?G £ 0 L 6 L 3303 d2 Wpb j Q311VYY O?067 .L30 09E $ $ 9SZL lw` OZ 0 P 7 T T .m ?g a? 1 H 1 . ^I a o ? o a H ? ?' S A g ao a.?, > ,C? A: a??a a 0.3 aid .. >' a b z ?z z A c Fay. a a,??e cc I -now ?Q3 a o yo 03 V.( w? p$4L r,t-8 19 paa h?W ? g ? o " a o ? ?Ni ,a Qo04 a p?+a? I?i??Er;d? e?D ?+ ?' CC aQ Q «z a oz4 o i0! Q E'' W Q a.•?aZE-?.? aU?UUC aSDwerAti?`a?' ?onp' V? s yygyy ? Ip W H .8 89 4 N N ?i I? 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, Esqq , Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq , Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 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. Plaintiff, V. TIMOTHY L. GERWIG PAUL C. MARRA Defendant(s). "` ?? t ?4OIIO?M;i tS; 51 .,UMBERLAND COUNTY FrEWASYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4559 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to TIMOTHY L. GERWIG & PAUL C. MARRA on JANUARY 11, 2011, in accordance with the. Order of Court dated JANUARY 26, 2011. The property was posted on JANUARY 24, 2011. ! Publication was advertised in CUMBERLAND LAW JOURNAL on FEBRUARY 18, 2011 & in THE SENTINEL on FEBRUARY 15, 2011. The undersigned understands that this statement is made subject to the penalties of lWa.C.S. §4904 relating to the unsworn falsification to authorities. PHELAN HALLLNAN & By: 'a Phelan, Esq., Id. No. 3222 ra is S. allinan, Esq., Id. No. 6269 niel CiAchmieg, Esq., Id. No. 62 5 ich M. Bradford, Esq., Id. No. 69849 J 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 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 Wells, Esq., Id No. 309519 William E. Miller Esq., Id. No. 308951 Attorneys for Plaintiff Dated: s R? THE COURT OF 'COMMON PLEAS tUTYMERLAND COUNTY; PENNSYLVANIA NITLLS FARGO BANK, N.A. Civil Division VS. No. 10-4559 CIVIL TERM TIMOTHY L. GERWIG PAUL C. MARRA 4x ORDER AND NOW, this t° day of , 2011, upon --?W- "--- - consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GItAWED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendants, TIMOTHY L. GERWIG and PAUL C. MARRA, by: 1. Posting of the premises: 112 SOUTH MARKET S'I'REET, MECHANICSBURG, PA 17055-6329. 2. First class mail to TIMOTHY L. GERWIG and PAUL C. MARRA at the mortgaged premises located at 112 SOUTH MARKE'I' STREE"I', MECHANICSBURG; PA 17055-6329; and 3. Certified mail to TIMOTHY L. GERWIG and PAUL C. MARRA at the mortgaged premises located at 112 SOUTH MARKET STRI;IT, MECHANICSBURG, PA 17055-6329; and 4. Publication in accordance with PA. R.C.P. 430. BY "I'l 1h C()(1RT:) ?- r Cc: TIMOTHY L. GERWIG and PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 2 J. 243448-KXC n o n? ? M 3E iF 9F * iE -x- w 3 o? ko M x ? 0 0 n ? o v ? b M ^y CD 0 M C TO i I l _ it ?O 00 ( J Q1 lJ? W ?- -? - ?f- * iE * rF I ?a? a a y A9 it + C b Ir CrJN'? n ,._, CsJN?? n O z ? ? O ? x r o r xo ?? xo ?? zy? zy?x a = z ?' z x x a -4 y a? a? .4 a 0. A ? O .b O m d 4p'g pPCES Pr 2 w -Romp 02 1 fVl er>,n,,, 42, 25 02 MAILCD F M ZIA E3 1 1'520 20 7 1 910 -? 7178 2417 6099 0076 1361 4 / LXH RESTRICTED DELIVERY PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) T- S'O'S - Track & Confirm Page 1 of 1 UNITEDSTAMS t°'OSTALSEtiME Home I Helu I Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0076 1364 Expected Delivery Date: February 14, 2011 Track & Confirm Class: First-Class Mail® Enter Label/Receipt Number. Service(s): Return Receipt Electronic Status: Notice Left Gtr s .,, We attempted to deliver your item at 12:09 pm on February 17, 2011 in - - KEYMAR, MD 21757 and a notice was left. No further information is available for this item. Detailed Results: • Notice Left, February 17, 2011,12:09 pm, KEYMAR, MD 21757 • Arrival at Unit, February 17, 2011, 8:39 am, KEYMAR, MD 21757 ¦ Forwarded, February 14,2011,12:19 pm, MECHANICSBURG, PA « Acceptance, February 11, 2011, 6:07 pm, PHILADELPHIA, PA 19102 ¦ Electronic Shipping Info Received, February 10, 2011 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email Go.>,'`. Site toap Customer Service Forms Gov't Services Careers P wary oacy Terms of Use Business Customer Gateway WWI Gopyright(c> 2010 USPS. All Rights Reserved. No FEAR Act EEO Data fis http://trkcnfrm 1. smi.usps.comIPT SIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 03/08/2011 7178 2417 6099 0076 13,57 4 / LXH RESTRICTED DELIVERY TIMOTHY L. GERWIG 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Page 1 of 1 0 UANTED STATES POSTAL SERVXE,. Home I Help I Sian In € Track & Confirm FA s Tract & Confirm Search Results Label/Receipt Number: 7178 2417 6099 00761357 ---? Expected Delivery Date: February 12, 2011 Track & Corm Class: First-Class Mail® Enter Label/Receipt Number. Service(s): Return Receipt Electronic Status: Notice Left - We attempted to deliver your item at 12:09 pm on February 17, 2011 in I- KEYMAR, MD 21757 and a notice was left. No further information is available for this item. Detailed Results: • Notice Left, February 17, 2011, 12:09 pm, KEYMAR, MD 21757 • Arrival at Unit, February 17, 2011, 8:39 am, KEYMAR, MD 21757 • Forwarded, February 14,2011,12:18 pm, MECHANICSBURG, PA • Acceptance, February 11, 2011, 6:07 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 10, 2011 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ;"mdo7-;- Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway CopyrightO 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data { 17, http://trkcnfrml . smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNwn=... 03/08/2011 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ lac TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE PAUL C. MARRA AT: TYPE OF ACTION 112 SOUTH MARKET STREET XX Notice of Sheriffs Sale MECHANICSBURG, PA 17055-6329 SALE DATE: 03/02/2011 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to PAUL C. MARRA , Defendant on the 10 ay of 20 11. at gs 0a , o'clock p. M., at (2 $, M E7- STR.f l' in the manner described below: - Defendant personally served. EjC(+4w(Cs u46, A 1 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 o Ic of said Defendant's company. Other: aT _Q & Description: Age Height Weight Race Sex Other 1, }La competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs bed before me this _ lqfkday of WacantD.,, NotaNOT SERVED On t20_, at _ o'clock M., Defendant NOT FOUND because: ot Exist _ Moved_ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: Notar . y,c RCY CI;CY $T'AC1 ?sr1L?.tr Y TAY CG1AMW4 ," `? i"V w4/i?:CH 1, 2013 ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Halfinan, 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, Fsq., Id. Nn. 87077 Lauren R. Tabas, Esq, Id. No. 93337 Vivek Srivastava, Fsq., Id. No. 202331 Jay R. Jones, Esq., Id. No. 86657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 2050,17 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bratnblett, Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 William E. Milleq Esq, Id. No. 308951 one Penn Cen[er a[ suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia,PA 19103-1814 (215) 56.3-7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 243448 DEFENDANT SERVICE TEAM/ lace TIMOTHY L. GERWIG COURT NO.: 10-4559 CIVIL TERM PAUL C. MARRA SERVE TIMOTHY L. GERWIG AT: TYPE OF ACTION 112 SOUTH MARKET STREET' XX Notice of Sheriffs Sale MECHANICSBURG, PA 17055-6329 SALE DATE: 03/02/2011 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to TIMOTHY L. GERWIG , Defendant on the 1614'day of-FyA0 20 11 at 6'60 , o'clock f?. M., at !2 S. /II?}AKET $7ftS-,r , in the manner described below: Defendant personally served. M&-4f toj(C613096, PA, - 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: M T'£D Descri n: Age Height Weight Race Sex Other " /u. L-C-, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 64 day of 20_U. Notar Y: NOT SERVED On the da f 20 , at _ o'clock _. M., Defendant NOT FOUND because: V ca _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer n at at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: s A s 1 ERSEY 3 !?lY CC.•Rx?1?? C !Y skE . IiIAPXH 7, 2013 ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Aalfinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradrord, Esq., Id. No. 69849 Judith T. Romano, Fsq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jennie R. Davey, Esq., Id. No. 87077 Lauren R. Tabms, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakm, Esq., Id. No. 94620 Joshua 1. Goldman, Fsq, Id. Ism 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C Bramblelt, Esq, Id. No. 208,175 Allison F. Wells, Esq, Id. No. 309519 William E. Miller, Esq, Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1410 Philadelphia, PA 19103-1814 (215) 563-7000 i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 18, 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. d-- Marie Coyne, SWORN TO AND SUBSCRIBED before me this 18 day of February, 2011 Notary C;1 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-4559-CIVIL TERM WELLS FARGO BANK, N.A VS. TIMOTHY L. GERWIG & PAUL C. MARRA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: TIMOTHY L. GERWIG & PAUL C. MARRA Being Premises: 112 SOUTH MARKET STREET, MECHANICS- BURG, PA 17055-6329. Being in MECHANICSBURG Township, County of CUMBERLAND, Commonwealth of Pennsylvania. 16-23-0565-053. Improvements consist of residen- tial property. Sold as the property of TIMOTHY L. GERWIG & PAUL C. MARRA. Your house (real estate) at 112 SOUTH MARKET STREET, MECHAN- ICSBURG, PA 17055-6329 is sched- uled to be sold at the Sheriff's Sale on MARCH 2, 2011 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $230,804.84 obtained by, WELLS FARGO BANK, N.A (the mortgageel, against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Feb. 18 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Retail Sales Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 15, 2011 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as t time, place and character of publication Sworn to and subscribed before me this z 2,01 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commissiun Expires Jan 27, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FFt. F T-E$SFRIFF 1 1w l Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Timothy L. Gerwig (et al.) Case Number 2010-4559 SHERIFF'S RETURN OF SERVICE 12/30/2010 05:36 PM - Deputy Robert Bitner, 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 112 South Market Street, Mechanicsburg, PA 17055, Cumberland County. 01/06/2011 12:08 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: Paul C. Marra, 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 112 S. Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, property is vacant. 01/06/2011 12:02 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: Timothy L. Gerwig, 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 112 S. Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, property is vacant. 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on May 04, 2011 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, P.O. Box 650043, Dallas, TX 75265, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $796.64 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF cog ?'C) P? del() R,( 37) U fx ;o; Gou: 2ySuite Shenff Teeoeott, Inc p WELLS FARGO BANK,,N.A. Plaintiff V. TIMOTHY L. GERWIG COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4559 CIVIL TERM TIMOTHY L. GERWIG PAUL C. MARRA Defendant(s) PAUL C. MARRA PHS # 243448 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 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329. Name and address of Owner(s) or reputed Owner(s): Name 2. 4. Name and address of Defendant(s) in the judgment: Name CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please so indicate) 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. 420 MONTGOMERY STREET SAN FRANCISCO, CA 94104 7185 VISTA DRIVE WEST DES MOINES, IA 50266 P.O. BOX 31557 BILLINGS, MT 59107 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 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. 11 October 24 2010 By: ):, Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 10-4559 CIVIL TERM TIMOTHY L. GERWIG PAUL C. MARRA : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TIMOTHY L. GERWIG PAUL C. MARRA 112 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6329 * *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 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $230,804.84 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 LE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being on South Market Street, and bounded and described as follows, to wit: BEGINNING at a point in the curb line on South Market Street aforesaid; thence in a westerly direction by lot formerly of Samuel F. Hauck 86 feet 3 inches; thence by lot of same on present line dividing the two lots 69 feet 2 1/2 inches to an alley; thence along said alley 38 feet 3 inches to lot formerly of R. G. Young, now of Elwood G. Swanger and wife; thence along said lot 155 feet to Market Street on the curb line; thence along curb line 39 feet 5 (erroneously stated as 56 inches in prior deed) inches to line of lot formerly of Samuel F. Hauck, the place of BEGINNING. SUBJECT, however, to the reservations and restrictions contained in prior deeds. TITLE TO SAID PREMISES IS VESTED IN Timothy L. Gerwig, an adult individual and Paul C. Marra, an adult individual, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Milton Shapiro and Teresa M. Shapiro, h/w, dated 09/10/2004, recorded 09/15/2004 in Book 265, Page 1206. PREMISES BEING: 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329 PARCEL NO. 16-23-0565-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4559 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 TIMOTHY L. GERWIG and PAUL C. MARRA (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 $230,804.84 L.L.$.50 Interest from 9/9/10 to Date of Sale @ ($37.94 per diem) -- $6,639.50 Atty's Comm % Atty Paid $194.50 Plaintiff Paid Date: 10/28/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell Prothonotary By: Deputy Name: JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 TRUE COPY FROM RECORD in The mony whwrot, I hwr wdo wk my hand Mid tha"d wild Cart at Ca N@* Pa. 7hit..?_a yof 62f .2010 r • . QP 1? Prothonotary On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 112 South Market Street Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator b1'16f1 ?,;? : , !"J`.cs•91 }s"A ? ?.tgi€+i'¢»V y1?s°•. 'Z+;c'? k' ? .K:=? ?k?d 7B? 1!'? YUC s .;:r?' ?`d! ?N,*#'. £l? ?'dSf? 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: January 28, February 4, and February 11, 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. OW-Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 11 da of Februar 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4559 Civil Wells Fargo Bank, NA VS. Timothy L. Gerwig Paul C. Marra Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-4559 CIVIL TERM, WELLS FARGO BANK, N.A. vs. TIMOTHY L. GERWIG, PAUL C. MARRA, owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 112 SOUTH MARKET STREET, MECHAN- ICSBURG, PA 17055-6329. Parcel No. 16-23-0565-053. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $230,804- .84. 19 The Patriot.-News Co. 2020 Technology. Pkwy Suitd 300 Mechanicsburg„ PA•170'50 Inquiries - 117-.255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBER[ AND COUNTY COURT HOUSE z4f patriot 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 all of the allegations of this statement as to the time, place and character of publication are true, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M°, Volume 14, Page 317. PUBLICATION COPY' This ad ran on the date(s) :shown below: 2010-4559 Civil Term 1/28/11 1 Wells Fargo Bank, NA Vs 2/4111 Timothy L. Gerwlg 2/11111 Paul C. Marra Atty: Daniel Schmieg I ? By virtue of a Writ of Execution NO. 10- L ? • • '• ....,-_ k . 5 _ ? ? _a ? _... .. 4559 CIVIL TERM „ WELLS FARGO BANK, N.A. vs. TIMOTHY L. GERWIG TI Sworn to -,and subscribed be me this 22 da of February, 2011 A. D_ ?? PAUL C. MARRA owner(s) of ro t i p per y s tuate in the BOROUGH OF MECHANICSBURG , Cumberland County, Pennsylvania, being Notary Public (Municipality) 112 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6329 Parcel No. 16-23-0565-053 (Acreage or street address) CO'I` MON WEALT Fi 01: PENNSYLVANUi Improvements thereon: RESIDENTIAL Notarial ;mil DWELLING 4herne t_ KLvw, Notary Pubilc JUDGMENT AMOUNT: $230,804.84 ,ewe` Paxton Twp., Dauphin County My commission 50res Nov. 2C, 2011 i'lemher, oerrnsvivanla Association of Notari(- 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 National Mortgage Assoc is the grantee the same having been sold to said grantee on the 4 day of May A.D., 202011, under and by virtue of a writ Execution issued on the 28 day of October, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4559, at the suit of Wells Fargo Bank NA against Timothy L Gerwig & Paul C. Marra is duly recorded as Instrument Number 201118042. IN TESTIMONY WHEREOF, I have here _ to set my hand and,nal of said office this _ day of A.D.-2..O&_ tit MWWWOUL 014