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HomeMy WebLinkAbout10-5274M Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ,,,-Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 01010 AU& II PM (2:51 U t}i.i-o 1 I i1 4?-° v ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff TERM BERNARDO ASCANIO NO. lb -501.7 0,-0111 Ter M 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE V $qa. 00 PA A Trf ? 89921 Q tLl(8 246734 File #: 246734 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 13E ABLE "I'O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGA[, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 246734 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: BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/27/2009 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200910402. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2010 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 #: 246734 6 The following amounts are due on the mortgage: Principal Balance $125,922.27 Interest $2,623.40 03/01/2010 through 07/30/2010 (Per Diem $17.4892) Attorney's Fees $650.00 Cumulative Late Charges $143.04 03/27/2009 to 07/30/2010 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $112.48 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $130,031.19 Escrow Credit $2? 63.01) TOTAL $129,768.18 7 8 9 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 Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 246734 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $129,768.18, together with interest from 07/30/2010 at the rate of $17.4892 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ---? ? awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 246734 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the North side of Clearview Drive which point is at the division line pf Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence North one (1) degree fifty-two (52) minutes West along said division line one hundred eleven and forty-one hundredths (111.41) feet to a point at lands now or late of Nelson Improvement and Development Corporation; thence South eighty-eight (88) degrees twenty (20) minutes West along said lands now or late of Nelson Improvement and Development Corporation, sixty-five (65) feet to a point at the division line between Lots Nos. 25 and 26 on the said Plan; thence South one (1) degree fifty-two (52) minutes East along said division line one hundred eleven and sixty-four hundredths (111.64) feet to a point on the northern side of Clearview Drive; thence North eighty-eight (88) degrees eight (08) minutes East along said Clearview Drive sixty-five (65) feet to a point, the place of BEGINNING. IT BEING Lot No. 25 on general plan of Section 7 and '3' Block G, E and D and part of A, C, F, H and ,I, Clearview Farms revised May 7, 1957 and recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 9, Page 6. HAVING thereon erected a single brick dwelling. BEING the same premises which Swannie N. Gill by deed dated July 25, 2007 and recorded August 3, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, File #: 246734 Pennsylvania as Instrument Number 200730409, granted and conveyed unto Michael E Glotfelter and Susan E. Glotfelter, his wife, the Grantors herein. PROPERTY ADDRESS: 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 1.7011-4015 PARCEL # 10-21-0279-032 10007759 File #: 246734 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filling of the pleading, that 1 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. Acrf ? mey??e??? -- ? o for Plaintiff DATE: lV lC9 File #: 246734 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ <<;=:. Sheriff ~'~~ ~4 ~_ ~: .~, Jody S Smith ~°'~~~~ ®t ~~~~~~~ Chief Deputy ~ / , t ii ~ ~ ~. ~. `~, (! E,; ; i 9 ~ I ~c~io IAUG IT ~M~ ~p Richard W Stewart "~' - • Solicitor oFF~~~ c = r~E s~~~~i~r _ _ ~-~; • ~ '~ t Wells Fargo Bank, NA vs. Bernardo Ascanio Case Number 2010-5274 SHERIFF'S RETURN OF SERVICE 08/13/2010 06:39 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2010 at 1839 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bernardo Ascanio, by making known unto himself personally, at 4615 N. Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 16, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoff, Inc. 1tED-'? ?'Ccn-vpy f r'- p _ I s .1 i p T 4ivS ';.`JA.CdII? Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81:760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ,/Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5274 CIVIL TERM BERNARDO ASCANIO CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 246734 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallman & Schmieg, LLP Attorne"r Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, 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., [d. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-31-10 PHS #: 246734 VERIFICATION China Brown hereby states that he/she is Vice President Loan Documentation of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and 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: 8/13/10 File #: 246734 Name: China Brown Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. Name: ASCANIO Phelan Hallinan & Schmieg, LLP Li.vvrence 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. 81.760 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. BERNARDO ASCANIO Defenclant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5274 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: P H S #: 246734 BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff By: j1Gk(G? ?, ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, 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 ? Jairne 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: 8-31- P H S #: 246734 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. BERNARDO ASCANIO FILEO-OFFICE Ci THE PROTHONOTARY 2010 SEP 17 APB 10: 54 CUMBERLAND COUNT`' PENNSYLVANIA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5274 CIVIL TERM pq'od eof 1111?7 txe leay s`1 246734 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 BERNARDO ASCANIO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $129,768.18 Interest - 07/31/2010 to 09/14/2010 $804.50 TOTAL $130,572.68 I hereby certify that (1) the Defendant's last known address is 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff t? 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5@?? 6 PHS # 246734 PROTHONOTARY 246734 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. BERNARDO ASCANIO Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5274 CIVIL TERM 246734 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 BERNARDO ASCANIO is over 18 years of age and his last known residence is 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: uo wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 246734 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS BERNARDO ASCANIO : CIVIL DIVISION No. 10-5274 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against 6 you on By: If you have any questions concerning this matter please cont ct: ? 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 (PCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIONOBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 246734 'R WELLS FARGO BANK, N.A. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5274 CIVIL TERM BERNARDO ASCANIO Defendant(s) TO: BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 DATE OF NOTICE: September 3, 2010 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 # 246734 gf ice of the Prothonotary CUMBERLAND COUNTY BAR Cujnb?-rland County Courthouse ASSOCIATION -- - ; Courthouse Square CUMBERLAND COUNTY GOUR3'440U&R - ---- Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: rence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 246734 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v BERNARDO ASCANIO Defendant(s) NO.: 10-5274 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/15/2010 to Date of Sale ($21.76 per diem) TOTAL ~ c ,,, c~ ~' rnw ~ ~~1 $130.572.68 ~~~ ~ ~~ ~ cn; ~~ ~ ~ - ~ ~n 3 677.44 r ~ ~ ~ ~~ ~ ~~ - ? o ?-~ W= ~ c ~ --ice $134,250.12 ..~ -~'c ~' cf, ~ ..~ $a~.oo PD any ~I1. sc OBF ga.oo esF 1~. oo ~. a~l.SO ~ 17.00 - Po A rr/ ~d.oo ~~ 5o L.l~ ~itZ~rney for Plaintiff Phelan Hallman &Schmieg, L ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Miche M. Bradford, Esq., Id. No. 69849 ^ Judi T. Romano, Esq., Id. No. 58745 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 ^ nine 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 Note: Please attach description of property. PHS # 246734 ~-~ laaoiiq I?.~ 0?5053~v R,E U~~~( ~ ~ A ~ 3~ ~~ ~ o~~ ¢~o a Q U p¢,,, O Ex,,, a ~zx ~~ b ~~ Q GQ v U G4 ~ Z •.. a O ~ ~., ?~ ~ o, ~ ~ V7 N ~ ~p O~ ~ ~ ~ ~ pMp .. a ~' U MNN~~~~MM ~~O;ZppN ~p~ p00 pMN I~COp~, NN Oa Z w ~ azzz ozb d d ~~ dzZ Q,zz o ~ a~b-~O ^~"'~,'~zzoozb ti W ti~ ^ ~ O ~ ~ ^ G ~ W W W •u W. ~" y' ~~ yrW W;~ W W y O (~ PQ U ~ y ~ t~ ~ ~ ~ b o ~ W W ~. c3' W ~ a~'i w W ,~ ae ~ o v~ ~ ~ ~ a o ~ , GA ~•~ Ow W o p., a ~x~'~rx AF" ~ ~ as ~ ~~ ~U W W ~ ~~awA~tiv~ a>~;a¢tiU~°U~ ~v 3 ra a a^^^^^^^ ^^^^^^^^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION v. BERNARDO ASCANIO Defendant(s) NO.: 10-5274 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION ~ ~ ~ ~ z,~ o --' The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in thv~apt matter and that the premises aze not subject to the provisions of Act 91 because: ~ ~ ~ ~ a-~ (~ the mortgage is an FHA Mortgage t-- x y ° ~ -+o a ~ ( ) the premises is non-owner occupied ~~ ~ ~ a~ ( ) the premises is vacant ~.~ r.,, A ( ) Act 91 procedures have been fulfilled --< ~~ ~ This certification is made subject to the penalties of~18 Pa. Q'S.A~ § 4904 relating to unsworn falsification to authorities. / t~Ptorrley~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 .Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua 1. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~. ~ WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 10-5274 CIVIL TERM BERNARDO ASCANIO Defendant(s) . CUMBERLAND COUNTY PHS # 246734 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 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015. Name and address of Owner(s) or reputed Owner(s): Name BERNARDO ASCANIO 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably C7 c N r? ~ ascertained, please so indicate ) ~' ~ ~rn ° ~ rn~ ~ o r 4615 NORTH CLEARVIEW DRIVE ~ ~ ~ ~rn t~ CAMP HILL, PA 17011-4015 ~ ~ - ~ ~~ o ~~ ~o ~ ~-h ~ ~' ~ '' a ~ Address (if address cannot be reasonably -~ ~' ~ ascertained, please so indicate) -~ ~ ~ ~ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 .._ ~ Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY I verify that the statements made in this knowledge or information and belief. I enders of 18 Pa. C.S.A. § 4904 relating to unsworn fz October 2~ 2010 13 North Hanover Street Carlisle, PA 17013 P.O. Boz 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 114 NORTH HANOVER ST. CARLISLE, PA 17013 are a and correct to the best of my personal Eats st tements herein are made subject to the penalties By: 1l X J ~t J~ /~ o ~Ly-x/'L1~ om y for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5274 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 BERNARDO ASCANIO (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 $130,572.68 L.L.$.50 Interest from 9/15/10 to Date of Sale ($21.76 per diem) -- $3,677.44 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Plaintiff Paid Date: 11/1/10 (Seal)... Other Costs David D. Buell, rothonotary By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 FILED-OFFICE p OF THE t. r 2010 DEC 27 4119: 25 `'U BERLAND MLV BERLAND COUNTY 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas V. BERNARDO ASCANIO Defendant Civil Division CUMBERLAND County No.: 10-5274 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 246734 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 August 11, 2010. 2. Judgment was entered on September 17, 2010 in the amount of $130,572.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $125,922.27 Interest Through March 2, 2011 $6,313.68 Per Diem $17.49 Late Charges $143.04 Legal fees $1,300.00 Cost of Suit and Title $1,105.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $165.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $224.96 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $760.80 TOTAL $135,934.75 246734 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 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 16, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 246734 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. & Schmieg, LLP DATE: By: U La ence T Thelan, Esq., Id. No. 32227 [iae ? 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 246734 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. BERNARDO ASCANIO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5274 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 246734 I. BACKGROUND OF CASE BERNARDO ASCANIO 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 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 246734 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 246734 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 246734 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 Ham top n 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. 246734 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 Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 246734 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. 246734 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Hallinan & Schmieg, LLP DATE: z L?I?a By: La ence 'I-ftMan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ?Zaniel 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 246734 Exhibit "A" 246734 1 'FILED-OFF-ICE Or THE PROTHONOTARY '11-0 10 SEP 17 AM 10: 54 -CUMBERLAND COUNTY PES3NSYLVANIA 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. BERNARDO ASCANIO , Attorney for Plaintiff GUY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5274 CIVIL TERM ATTORNEY FILE COPY PLEASE RETURN 246734 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 BERNARDO ASCANIO Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $129,768.18 Interest - 07/31/2010 to 09/14/2010 $8_ 04.50 TOTAL $130,572.68 I hereby certify that (1) the Defendant's last known address is 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015, and (2) that notice has been given in accordance with Rule 237.1, copy attached. .4f] Lawrence T. Phelan, Esq., Id. No. 32227 D Francis S. Hallinan, Esq., Id. No. 62695 D Daniel G. Schmieg, Esq., Id. No. 62205 D Michele M. Bradford, Esq., Id. No. 69849 D Judith T. Romano, Esq., Id. No. 58745 D Sheetal R. Shah-Jani, Esq., Id. No. 81760 D Jenine R. Davey, Esq., Id. No. 87077 D Lauren R. Tabas, Esq., Id. No. 93337 D Vivek Srivastava, Esq., Id. No. 202331 D Jay B. Jones, Esq., Id. No. 86657 D 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 D Joshua I. Goldman, Esq., Id. No. 205047 AD Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: -5ep?; 17.-W16 / PHS # 246734 PROTHONOT RY 246734 Exhibit "B" 246734 0 Y CA W U Q x Q W z a .fl ro c u C a C 0 •Q L H ? ZQO O v V E ° „ v O v r ? F ' £ 0 66 l 3000&Z W08:1 a31Pdw ? n . c v `_ N 0602 91030 99ZLLZb000 .? ° o9zlo $ M zo ?C . 530109 h3Nlld C \ W .q '? 3id Wes , s o °. v u w K _ ro w ci ,? F 0 o r o ? O Q A C L' G ? > '~ N °w v Q 1 ? _ b r. Q? rh V r o '' Rio ??o, a ? a ° o? E? y_o Ecn U O ? =° vN W K/ C ai V F ? N p O - ? 3 u a w a ? a w o U A H z ? + Z w Z E-° r. a 0. W O O O Z Z Z < Q U U U COO ?n C4 Q A 0 G c d Q Q o ?, 0 Aa ? w O w w :° ? . ? M M M N N N .a ? V1 V1 C/? v a a a ? ?, v b E h ? . z O N M V ? o v t, r) N 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 16, 2010 BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 RE: WELLS FARGO BANK, N.A. v. BERNARDO ASCANIO Premises Address: 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-5274 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 21, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, Lawr n e T. Phelan, Esquire Franc . Hallinan, Esquire Daniel '6. 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 246734 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 246734 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. Hallinan & Schmieg, LLP DATE: 110 By: - ),2, 1 2,a U n¢elyPheM, Esq., Id.17o 32227 V ancis S. Hallinan, Esq., Id. No. 62695 aniel 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 ? 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 246734 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 BERNARDO ASCANIO Defendant No.: 10-5274 CIVIL TERM CERTIFICATION OF SERVICE 246734 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 BERNARDO ASCANIO 1301 N 6TH STREET 905L-N HARRISBURG, PA 17102 BERNARDO ASCANIO 609 GENEVA DRIVE MECHANICSBURG, PA 17055-4409 Hallinan & Schmieg, LLP DATE: C 0 By: Fi en# T.Pfk4a> ., Id. No. 32227 is S. Hallinan, Esq., Id. No. 62695 el 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 246734 WELLS FARGO BANK, N.A., PLAINTIFF V. BERNARDO ASCANIO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 10-5274 CIVIL TERM ORDER OF COURT AND NOW, this * day of January, 2011, a hearing on the within motion to reassess damages shall commence at 3:15 p.m., Monday, February 7, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. saa Micheae L.&adf0td, 9-w- ? BermMo i AO"io? bc?4 nn __an AS t t.?'?" ill c.7 ? C"A 1Y? r?- ? ?S'jl ? h r -c? .. -? C) anj i"rl 0 1", C0II r [.:_'2 1. II 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County BERNARDO ASCANIO Defendant No.: 10-5274 CIVIL TERM CERTIFICATION OF SERVICE 246734 I hereby certify that a true and correct copy of the Order of Court Dated January 3, 2011, scheduling a Hearing for the Plaintiff's Motion to Reassess Damages on Monday, February 7, 2011, at 3:15 p.m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania was sent to the following individual on the date indicated below. BERNARDO ASCANIO BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE 609 GENEVA DRIVE CAMP HILL, PA 17011-4015 MECHANICSBURG, PA 17055-4409 BERNARDO ASCANIO 1301 N 6TH STREET 905L-N HARRISBURG, PA 17102 Phelan Hallinan & Schmieg, LLP DATE: By: POA.,CM ? 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 ? ew L. Spivack, Esq., Id. No. 84439 Liedlaime 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 246734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cl zg WELLS FARGO BANK, N.A. Plaintiff, v BERNARDO ASCANIO Defendant(s) CUMBERLAND COUNTYmm ' COURT OF COMMON PL4 !s , CIVIL DIVISION y<.a ' 2 No.: 10-5274 CIVIL TERM ;; AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner req ' d by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that addre s, set f rt on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (F r 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service s atta ed beret ,. _ 1-1 Date: '1-,-3( 11 2j 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 ? tal R. Shah-Jani, Esq., Id. No. 81760 ? R. Davey, Esq., Id. No. 87077 en 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 C` p? Da 4 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 246734 f- Lir e C S? i C C M t b . z-<o g. w S 0 L 6 L 3000 dIZ woad O3 1VW OLOZ LOAON 9SZGLZb000 OUTO s M z0 - - ? ,' s3'u06 A3aa .?.?. a ?r ' ?tltl _ O O Yi ? 11 I. b ? ?I 00 a+ o m ffl '?, o? ova ?!a a as °? old ?a ?x oo Z 61 u?v vrap S ???p ? a z ? * ic 41 } .r N M ? ?A ?O t? 00 O? rr ?y ry ?y ry ,y ? . F.? 7 , ao ? ? ? 3 : U SAM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK:, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County BERNARDO ASCANIO No.: 10-5274 CIVIL TERM Defendant ORDER AND NOW, this day of Yru a ? y , 2011 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $125,922.27 Interest Through March 2, 2011 $6,313.68 Per Diem $17.49 Late Charges $143.04 Legal fees $1,300.00 Cost of Suit and Title $1,105.00 Sheriffs Sale Costs $0.00 Properly Inspections/ Property Preservation $165.00 Appraisal/Brokers Price Opinion $0.00 246734 Mortgage Insurance Premium Private Mortgage Insurance $224.96 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $760.80 TOTAL $135,934.75 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 is not included in the above figure. BY T E COURT J. NMA- hO . LA)01?, & - hand deliiya-eJ ?-&rna.r& Qsc";c> , Z44 -Copy WA a ahlif OM 246734 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Civil Division r ,??=Y - rte-? VS. No. 10-5274 CIVIL TERM -" ' BERNARDO ASCANIO - ORDER 11 7 AND NOW, this - day of upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, BERNARDO ASCANIO, by: 1. Posting of the premises: 4615 NORTH CLFARVIF,W DRIVE, CAMP HILL, PA 17011-4015. 2. First class mail to BERNARDO ASCANIO at the mortgaged premises located at 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015; and 3. Certified mail to BERNARDO ASCANIO at the mortgaged premises located at 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015; and 4. Publication in accordance with PA. R.C.P. 430. 246734-KXC Cc: BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 p j Allison We,1 6 E - CAP 4710103 13Y TIIF, COURT: s• 2 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, Es q., 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. Fltakos, 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 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. BERNARD ASCANIO Defendants Yi' 41 tOTHO OTARY tai Ia~R I ! AM 9: 16 -UMBERLANID COUNTY F ;_ PiN SYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5274 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 BERNARD ASCANIO on MARCH 11, 2011 in accordance with the Order of Court dated MARCH 4, 2011. The property was posted on MARCH 20, 2011. Publication was advertised in CUMBERLAND LAW JOURNAL on MARCH 25, 2011 & in THE SENTINEL on MARCH 16, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. PHF,LAN I IALLI N SCHMIEG, LLP B__--- Lawrence T. Phelan, Esq., Id. No. 32227 ncis 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 13. 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 Allison Wells, Esq., Id No. 309519 William E. Miller Esq., Id. No. 308951 Attorneys for Plaintiff Dated: S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Civil Division VS. No. 10-5274 CIVIL TERM BERNARDO ASCANIO ORDER AND NOW, this day of G' t - x 53 t1r , 2011, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, BERNARDO ASCANIO, by: 1. Posting of the premises: 4615 NORTH CI ,I:A R V 1 F W DRIVE, CAMP HILL, PA 170114015. 2. First class mail to BERNARDO ASCANIO at the mortgaged premises located at 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015; and 3. Certified mail to BERNARDO ASCANIO at the mortgaged premises located at 4615 NORTH CLEARVIEW DRIVE, CAMP HILL. PA 17011-4015; and 4. Publication in accordance with PA. R.C.P. 430. 11 Y "1'1 II? COURT: 246734-KXC Cc: BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 le? Allison welter . -Cry-4,?if i?a 2 ?e n yz ?, .? w N r? ca ? M c 0. 9E iF jF iE iF 1F iF 9F iF a c c a N 0 o a Oro ?'' I I i 'O o M < n b rio _ I 02 1M $ 41.26° 0004277256 MAR11 2011 MAILED FROM ZIP CODE 191 D 3 e; a 3 e? •s ? a II ?. p f9 Y Y fD C" W C 7.. C R? A7 ? O F+yyr C ? i+ O O 7178 2417 6099 0077 5248 4 / KXC RESTRICTED DELIVERY BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) . USE'S - Track & Confirm Track Confirm Page Home I Help I Sign_In. Track & Confirm FA Qs Search Results Label/Receipt Number: 7178 2417 6099 0077 5248 - -------- Expected Delivery Date: March 14, 2011 Track & Confirm ; Class: First-Class Mail® Enter Label/Receipt Number. Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 4:29 pm on March 22, 2011 in TAMPA, FL 33619. Detailed Results: • Delivered, March 22, 2011, 4:29 pm, TAMPA, FL 33619 • Forwarded, March 16, 2011, 9:31 am, HARRISBURG, PA • Forwarded, March 14, 2011, 9:10 am, CAMP HILL, PA • Acceptance, March 11, 2011, 6:03 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, March 11, 2011 Notification Options Track 8r Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Return Receipt (Electronic) Verify who signed for your item by email. C§ Site Map Customei Service Forms Gov't Services Care- Copyright(D 2010 USPS. All Rights Reserved. No FEAR Act EEO L), tl- !,, r us of Use Business Customer Gateway http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabel I nquiry. do?strOrigTrackNum=... 04/07/2011 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 246734 DEFENDANT SERVICE TEAM/ kxc BERNARDO ASCANIO COURT NO.: 10-5274 CIVIL TERM SERVE BERNARDO ASCANIO AT: TYPE OF ACTION 4615 NORTH CLEARVIEW DRIVE XX Notice of Sheriffs Sale CAMP HILL, PA 17011-4015 SALE DATE: 06/01/2011 ****PLEASE POST PER COURT ORDER**** SERVED Served and made known to BERNARDO ASCANIO , Defendant on the,261"day of A449/-(4 , 20 11 , at E32, o'clock A. M., at 461q 111, Wv)&4 bAAW 1}w-?4 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. V Other: 05TF-0 Description: Age Height Weight Race Sex Other I, j?7 P 140 k , a competent adult, being duly sworn according to law, depose and state that I personally Psf£di lwmdcd 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 2417- day of _?Vi cam, 201 P ? Notary: By: o""L NOT SERVED On the of 20_, at o'clock _. M., Defendant NOT FOUND because: acant _ Does Not 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: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 CU ERL Francis S. llal8nan, Esq, Id. No. 62695 Daniel G. Schmieg Esq. Id. No 62205 My IL UBS , , . Mi h l M B d S c e . ra ford, Esq, Id. No. 69849 0jXjR`i P Cff W Ig{z$E p13 Judith T. Romano, Esq., Id. No. 58745 N wv, RCH 1, Sheetal R. Shah-Jani, Esq., Id. No. 81760 '/E S [p c 51,gp Jenne R. Davey, Esq., Id. No. 87077 MISSION Lauren R. Tabs Esq Id. No. 93337 `N COM , , >r" Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Sptvack, Esq., Id. No. 84439 Chrisovalan[e 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 AI&an F. Wells, Esq, Id. No. 309519 William E. Miller, Fsq, Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 lA 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 March 25, 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. Li Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 25 day of March, 2011 Notary 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. 10-5274 CIVIL TERM WELLS FARGO BANK, N.A. vs. BERNARDO ASCANIO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: BERNARDO ASCANIO Being Premises: 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015. Being in HAMPDEN Township, County of CUMBERLAND, Common- wealth of Pennsylvania. Parcel Number 1: 10-21-0279- 032. Improvements consist of residen- tial property. Sold as the property of BERNAR- DO ASCANIO. Your house (real estate) at 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015 is scheduled to be sold at the Sheriff's Sale on JUNE 1, 2011 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $130,572.68 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Mar. 25 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 Car-lisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL, has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 16, 2011 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5274 CIVIL TERM WELLS,FARGO BANK, N.A. vs. BERNARDO ASCANIO NOTICE TO: BERNARDO ASCANIO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011 -401 5 Being in HAMPDEN Township, County of CUMBERLAND Commonwealth of Pennsylvania Parcel Number 1: 10-21-0279-032 Improvements consist of residential property. Sold as the property of BERNARDO ASCANIO Your house (real estate) at 4615 NORTH CLEARVIEW DRIVE. CAMP HILL PA 17011-4015 is scheduled to be sold at the Sheriff's Sale on JUNE 1 2011 at 1000 AM, at the CUMBERLAND County Courthouse to enforce the Court Judgment of $130.572.68 obtained by, WELLS FAR GO BANK NA. (the mortgagee).. against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication Sworn t and subscribed before me this ` LK Notary Public My commission expires: NOTARIAL SEAL ?._?. BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?d 1.11 ? of 4 Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Bernardo Ascanio 2 PM 2: f4LA Case Number 2010-5274 SHERIFF'S RETURN OF SERVICE 12/29/2010 09:12 PM - Deputy Dennis Fry, 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 4615 North Clearview Drive, Camp Hill, PA 17011, Cumberland County. 01/07/2011 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: Bernardo Ascanio, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/19/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Dauphin County, the within named Defendant Bernardo Ascanio, not found. Defendant is unknown at: 1301 N. 6th Street, Apt. 906, Harrisburg, PA 17102, So Answers: J.R. Lotwick, Sheriff. 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/1/2011 07/08/2011 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, PA, on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Wells Fargo Bank, N.A., being the buyer in this execution, paid to the heriff the sum of $ SHERIFF COST: $768.08 August 01, 2011 SO ANSWERS, j?g x RON R ANDERSON, SHERIFF y?7.CC t'' - 6zl_ - ?o Pd, Co a2 s??9o? A J_ 't. *6- WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS V. BERNARDO ASCANIO Defendant(s) CIVIL DIVISION NO.: 10-5274 CIVIL TERM CUMBERLAND COUNTY PHS # 246734 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 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 170114015. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BERNARDO ASCANIO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 170114015 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be None reasonably ascertained, please indicate) . 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 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 i t'A Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY I verify that the statements made in this knowledge or information and belief. I unders of 18 Pa. C.S.A. § 4904 relating to unworn fa October 24 2010 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 114 NORTH HANOVER ST. CARLISLE, PA 17013 are t e and correct to the best of my personal :als st tements herein are made subject to the penalties By: 1 ? Y ? ? n ??`y-wX,? orey^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 Y. Bradford, Esq., Id. No. 69849 ? Judith . Romano, Esq., Id. No. 58745 Fure]nauren 1 R. Shah-Jani, Esq., Id. No. 81760 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 WELLS FARGO BANK, N.A. - : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-5274 CIVIL TERM BERNARDO ASCANIO Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BERNARDO ASCANIO 4615 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011-4015 "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 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 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 170114015 is scheduled to be sold at the Sheriffs 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 $130,572.68 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only- if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5274 CIVIL TERM WELLS FARGO BANK, N.A. vs. BERNARDO ASCANIO owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 4615 NORTH CLEARVIEW DRIVE CAMP HILL PA 17011-4015 Parcel No. 10-21-0279-032 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,572.68 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the North side of Clearview Drive which point is at the division line of Lots Nos. 24 and 25 on the hereinafter mentioned Plan of Lots; thence North one (1) degree fifty-two (52) minutes West along said division line one hundred eleven and forty-one hundredths (111.41) feet to a point at lands now or late of Nelson Improvement and Development Corporation; thence South eighty-eight (88) degrees twenty (20) minutes West along said lands now or late of Nelson Improvement and Development Corporation, sixty-five (65) feet to a point at the division line between Lots Nos. 25 and 26 on the said Plan; thence South one (1) degree fifty-two (52) minutes East along said division line one hundred eleven and sixty-four hundredths (111.64) feet to a point on the northern side of Clearview Drive; thence North eighty- eight (88) degrees eight (08) minutes East along said Clearview Drive sixty-five (65) feet to a point, the place of BEGINNING. IT BEING Lot No. 25 on general plan of Section '2' and '3' Block G, E and D and part of A, C, F, H and J, Clearview Farms revised May 7, 1957 and recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 9, Page 6. HAVING thereon erected a single brick dwelling. TITLE TO SAID PREMISES IS VESTED IN Bernardo Ascanio, married man, by Deed from Michael E. Glotfelter and Susan E. Glotfefter, nka, Susan E. Hays, single individuals, gnntors were subsequently divorced and have not remarried, dated 03/23/2009, recorded 04/03/2009 in Instrument Number 200910401. PREMISES BEING: 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 170114015 PARCEL NO. 10-21-0279-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5274 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 BERNARDO ASCANIO (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 $130,572.68 L.L.$.50 Interest from 9/15/10 to Date of Sale ($21.76 per diem) -- $3,677.44 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 11/1/10 David D. Buell, (Seal) By: REQUESTING PARTY: Deputy Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 TRUE COPY FROM RECORD In Tisrinorry whwe&. I hone unto sot my hoW MW tta anal of said court at caftb, Pa. C . ,?j? Pnoaionotary On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 4615 North Clearview Drive Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Rea s ate Coordinator ?. t ?r ; i;i. s: + 4 ; snit b" lo ?i;b 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. ,.' Lis arie Coyne, 7Etor SWORN TO AND SUBSCRIBED before me this - 11 day of February 2011 Notary NDiARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5274 civil Wells Fargo Bank, NA vs. Bernardo Ascanio Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5274 CIVIL TERM, WELLS FARGO BANK, N.A. vs. BERNARDO ASCANIO, owner(s) of property situ- ate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 4615 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4015. Parcel No. 10-21-0279-032, 10007759. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $130,572- .68. V 'he Patriot-News Co. 21720 'TedYnology Pkwy, Suite 300 ' ' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?'he;?atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28/11 . ........... *AW The Sworn to an ub cribe efore me this 2 d f February, 2011 A.D. bemig W, D11 avp (Arrow w Notary ublic ;, NEW' -AWXTW. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kbw, Notary Public Lower Paxton TWP., Dauphin County My Commisslon BOres Nov. 26, 2011 Member, Pennsylvania Association of Notaries 2/4/11 2/11/11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N.A. is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 1 day of November, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5274, at the suit of Wells Fargo Bank N.A. against Bernardo Ascanio is duly recorded as Instrument Number 201121370. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. )-o ? I Rec der o eeds Recorder of Deeds, C rnimbid County, Cwh1a, PA My Conrnisew Expires the Frst Monday of Jan. 2014