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HomeMy WebLinkAbout10-5364t 9 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 244777 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. CHRISTIAN C. MOORE MEGAN L. MOORE LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN" NEW CUMBERLAND, PA 17070 Defendants 192.06 '?CL ql{y eK? 44/ysy File #: 244777 j.%,&R6 FILI- ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16 - 524Y e l v,'L`-T? CUMBERLAND COUNTY b cep the ri ?tjnto be aWe and cones °Opy °af? the a ?ec 6414 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 244777 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: CHRISTIAN C. MOORE MEGAN L. MOORE LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/04/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book. No. 1827, Page 4910. By Assignment of Mortgage recorded 11/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200938708. Said mortgage was modified as set forth in modification agreement recorded 07/13/2004 in Mortgage Book 709, Page 4123. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 244777 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2009 through 07/13/2010 (Per Diem $27.72) Attorney's Fees Cumulative Late Charges 08/04/2003 to 07/13/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7. 8. $179,876.83 $7,078.01 $650.00 $226.68 $60.00 $5511-00 $188,441.52 X51 31) $188,090.19 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. File #: 244777 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $188,090.19, together with interest from 07/13/2010 at the rate of $27.72 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 HALLINA , LLP By: ? Law re helan, Esq., Id. No. 32227 ? F cis 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. JPnes-,T`s- q., Id. No. 86657 r 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 Attorneys for Plaintiff File #: 244777 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the northern right-of-way line of Lowell Lane, a Fifty Foot (50 Foot) right-of-way, being the southeast corner of Lot No. 85. THENCE along said right-of-way of Lowell Lane, South Sixty-two Degrees Sixteen Minutes Zero Seconds West, a distance of Eighty-seven and Six Hundredths Feet (S 62 degrees 16 Minutes 00 Seconds W -87.06) to a point on the same and near the intersection with Vineyard Haven. THENCE along the same, along a curve to the right having a Radius of Ten and Zero Hundredths Feet, a Are length of Fifteen and seventy-one Hundredths Feet, following a chord bearing North Seventy-Two Degrees Forty-four Minutes Zero Seconds West, a chord distance of Fourteen and Fourteen Hundredths Feet (R=10.00 Feet, A=15.71 Feet, N 72 degrees 44 Minutes 00 Seconds W-14.14 Feet) to a point on the eastern right-of-way line of Vineyard Haven. THENCE along said right-of-way of Vineyard Haven, North Twenty-seven Degrees Forty-four Minutes Zero Seconds West, a distance of Sixty-five and Zero Hundredths Feet (N 27 degrees 44 Minutes 00 Seconds W-65.00 Feet) to a point on the same being the southeast corner of Lot No. 83. File #: 244777 THENCE along the property line of Lot No. 83, North Sixty-two Degrees Sixteen Minutes Zero Seconds East, a distance of Ninety-seven and Six Hundredths Feet (N 62 degrees 16 Minutes 00 Seconds E-97.06 Feet) to a point at the common property corner of Lots Nos. 83, 84 and 85. THENCE along the property line of Lot No. 85, South Twenty-seven Degrees Forty-four Minutes Zero Seconds East, a distance of Seventy-five and Zero Hundredths Feet (S 27 degrees 44 Minutes 00 Seconds E- 75.00) to a point on the northern right-of-way line of Lowell Lane, the point and place of BEGINNING. CONTAINING 7,258.06 Square Feet or 0.166 Acres PROPERTY ADDRESS: LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 PARCEL # 13-25-0008-450 File #: 244777 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: )WI V File #: 244777 ;, ., ~~ ~~ ., ~ ~~'~ - ~ P~ 3:19 __ Ct1Mg~.1~~~~~~~ PEN 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 IvI. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ~enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,.N.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5364-CIVIL TERM CHRISTIAN C. MOORE CUMBERLAND COUNTY MEGAN L. MOORE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 244777 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Hallinan & Schmieg, LLP .v for Plaintiff ~ By: ~J ^ a vrence T. Phelan, sq., Id No. 32227 ^ cis S. Hallinan, Esq., Id No. 62695 ^ D iel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-2-10 PHS #: 244777 .. VERIFICATION China Brown ,hereby states that he/she is Vice President Loan Documentation Wells Fargo Bank, NA successor by merger to WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: China Brown DATE: 8/18/10 Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 244777 Name: MOORE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. CHRISTIAN C. MOORE MEGAN L. MOORE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5364-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: CHRISTIAN C. MOORE 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070-2251 PHS #: 244777 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 Phelan Hallinan & Schp~eg, LLP ~prney for Plaintiff ( ~ By: ^ a r ce T. Phelan, Esq., I No. 32227 ^ a cis S. Hallinan, Esq., I . No. 62695 ^ D iel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^^ J ith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-2-10 PHS #: 244777 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor d."~~~~~tr a~ ~ttlpbc~~•~,1A ~. ;. ~, f~~~~~, ~FiCECF TkE SN~F2ICF Y+n~ ~~. ~o au~ ~ l ate ~: 3~ S~ Wells Fargo Bank, NA Case Number vs. Christian C. Moore (et al.) 2010-5364 SHERIFF'S RETURN OF SERVICE 08/19/2010 06:29 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2010 at 1829 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Megan L. Moore now known as Megan L. Morrill, by making known unto herself personally, at 1128 Columbus Avenue, Apartment 4, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. GE LD WORTHING ,DEPUTY 08/24/2010 08:05 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, tates that on August 24, 2010 at 2005 hours, he served a true copy of the within Complaint in Mortgage o eclosure, upon the within named defendant, to wit: Christian C. Moore, by making known unt ersel pe ovally, at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 0 its con nts and at the same time handing to her personally the said true and correct copy oft e. HARRISON, DEPUTY SHERIFF COST: $73.70 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cJ CountySuite Sheriff. Teleasoft. Inc. ~'Ee~ ~ ~ -~ ~~~ i-1D C~3 ! 2 1',~~ I~~ 4 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. CHRISTIAN C. MOORE MEGAN L. MOORE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5364-CIVIL TERM ,~t'l~(.od ~1.14~1 C6~ !o0 9y3v1 11~+~- I ~y 9~r8 ate, 244777 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 CHRISTIAN C. MOORE, and MEGAN L. MOORE, 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 $188,090.19 Interest - 07/14/2010 to 09/28/2010 $2,134.44 TOTAL $190,224.63 I hereby certify that (1) the Defendants' last known addresses are LOT 84 VINEYARD HAVEN A/K/A, 1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070and 1128 COLUMBUS AVE, LEMOYNE, PA 17043, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esq., Id. No. 32227 []Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: p J j) PHS # 244777 PROTHONOTARY 244777 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. CHRISTIAN C. MOORS MEGAN L. MOORS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5364-CIVIL TERM 244777 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 CHRISTIAN C. MOORE is over 18 years of age and last known address is 1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070-2251. (c) that defendant MEGAN L. MOORE is over 18 years of age and last known addresses are 1128 COLUMBUS AVE, LEMOYNE, PA 17043 and LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~ ~ / ~ ~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ~rancis 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 244777 WELL5 FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v. Plaintiff NO. 10-5364-CIVIL TERM CHRISTIAN C. MOORS CUMBERLAND COUNTY MEGAN L. MOORS Defendant(s) TO: CHRISTIAN C. MOORS LOT 84 VINEYARD HAVEN A/K/A, 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 DATE OF NOTICE: September 14, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 HIItING 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 # 244777 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 ~~ (717) 249-3166 By: La ce T: Phelan, Esq., Id. N~. 32227 Fran i S. Hallinan, Esq., Id. N 62695 Dani 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. 817 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 244777 WELLS FARGO BANK, N.A. v. CHRISTIAN C. MOORS Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5364-CIVIL TERM CUMBERLAND COUNTY MEGAN L. MOORS Defendant(s) TO: MEGAN L. MOORS LOT 84 VINEYARD HAVEN A/K/A, 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 DATE OF NOTICE: September 14, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 WTTHIN 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 IlVIPORTANT 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 HIItE 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 # 244777 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 _ (717) 249-3166 By: L ence T. Phelan, Esq., Id. .32227 Fr cis S. Hallinan, Esq., Id. N .62695 D iel G. Schmieg, Esq., Id. No. 62205 M hele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 244777 WELLS FARGO BANK, N.A. v. Plaintiff CHRISTIAN C. MOORS MEGAN L. MOORS Defendant(s) TO: MEGAN L. MOORS 1128 COLUMBUS AVE LEMOYNE, PA 17043 DATE OF NOTICE: September 14, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5364-CIVIL TERM CUMBERLAND COUNTY THIS FIlZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlViPORTANT 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 # 244777 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 ~ (717)49-3166 By: L ence T. Phelan, Esq., Id. o. 32227 Fr is S. Hallinan, Esq., Id. o. 62695 D 1 G. Schmieg, Esq., Id. No. 62205 Mich le M. Bradford, Esq., Id. No. 6984 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 60 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 244777 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS CHRISTIAN C. MOORE . MEGAN L. MOORE CIVIL DIVISION Notice is given that a Judgment in the above captioned matter has been entered against you on U No. 10-5364-CIVIL TERM By: If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ~rancis 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 244777 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff V. CHRISTLA,N C. MOORE MEGAN L. MOORE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due 4.14- o 75-710 U-00 Aoa A.50 Interest from 09/29/201.0 to Date of Sale ($31.27 per diem) TOTAL P Nml C$F it u PD A'T'M` 4a.oo D?w 0 • 50 Ll Note: Please attach description of property. PHS # 244777 e*' l oa.1577b plus Rio cash CIVIL DIVISION NO.: 10-5364-CIVIL TERM CUMBERLAND COUNTY ii --Z $190,224.63 nn ; $4 846.85 , 195071.48 y Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 Fr 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 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 Pc.# a5C)848 RE orf+ O? ?a a? a W O p .? H <C ? o° a. a U W b ??Qq Q d QUO 1 ? N 00 r Ei c?"o ?h O?mO CN Nr C' W ;, o oZ zc?oo ?? O e o ci o W a-7?"Z tiZ r1 0 0 0%.0 oz r azZ ?? ;i `?' ?b a2y?^ZZ 00Zb?W W7 6^W W W -+ ( 4.? z? ?s r y to o W W w x ea F a? C v; cis Q cis a, o 73 o.. iJ- a? d l ?.caTseQr?nti -?1?tiGytiUJ U ? ; ?, i ?,?? ?? 1 ? w C)t7 ???C11??7CICJQCIC7?L7C? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard., Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. CHRISTIAN C. MOORE MEGAN L. MOORE Defendant(s) 3 ? p O T""'- , _ ;' T Y Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5364-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 49, a in to unsworn falsification to authorities. By; Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawre ce T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R, Shah-Jani, Esq., Id, No, 81760 ? Jenine R. Davey, Esq., 'Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq.; Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq.,'Id. No. 61791 Andrew L. Spivack, Esq.; Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WWLLS FARGO BANK, N.A. Plaintiff V. CHRISTIAN C. MOORE MEGAN L. MOORE Defendant(s) FI B: FFI E 00fl-F!-,,f???OTAIRY Z) I ' 2: 1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5364-CIVIL TERM CUMBERLAND COUNTY PHS # 244777 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 LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed' Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHRISTIAN C. MOORE LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) Wells Fargo Bank, N.A. 123 South Broad Street; Suite 2080 C/o: McCabe,' Weisberg & Company Philadelphia, PA 19109 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Bank, National Association I Rome Campus Des Moines, IA 50328 Wells Fargo Bank, N.A. P.O. Box 31557; MAC B6908-012 Billings, MT 39107-9900 Wells Fargo Bank, N.A. 2202 W. Rose Garden Lane Attn: Sharon Seeds: Document Preparation Phoenix, AZ 85027 Wells Fargo Bank National Association 101 North Phillips Avenue Sioux Falls, SD 57104 r 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 LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN> NEW CUMBERLAND, PA 17070 Domestic. Relations of 13 North Hanover' Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 t 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 LOT 84 VINEYARD HAVEN AIK!A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department, of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 i I Y Megan L. Moore 5021 East Trindle Road Go: Linda A. Clotfelter, Esquire Mechanicsburg, PA 17050 Beacon Hill Heights Development Corporation P.O. Box 712 Camp Hill, PA 17001-0712 The Heights of Beacon Hill 1524 Fairmont Street Pittsburgh, PA 15221-2687 The Heights of Beacon Hill 1104 th Street Rear New Cumberland, PA 17070-2115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities November 1 2010 By. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 cis 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 L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn,.Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. is 1 {MF p - UN E COURT OF COMMON PLEAS A Plaintiff CIVIL DIVISION '-' 2 'J 5 vs. NO.: 10-5364-CIVIL TERM CHRISTIAN C. MOORS MEGAN L. MOORS CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHRISTIAN C. MOORS MEGAN L. MOORE LOT 84 VINEYARD HAVEN 1128 COLUMBUS AVE AdK/A 1 VINEYARD HAVEN LEMOYNE, PA 17043, NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at LOT 84 VINEYARD HAVEN A/K/A I VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10;00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $190,224.63 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 incompliance 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 actions 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. YoiU.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 v SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5364-CIVIL TERM °WELLS FARGO BANK, N.A. 'VS. - CHRISTIAN C. MOORS MEGAN L. MOORS owner(s) of property situate in LOWER ALLEN Township, Cumberland County, ]Pennsylvania, ,being (Municipality) LOT 84 VINEYARD HAVEN A%K/A:1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 Parcel No. 13-25-0008-450 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $190,224.63 Phelan Hallinan & Schmieg, LLF' Attorney for Plaittiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the northern right-of-way line of Lowell Lane, a Fifty Foot (50 Foot) right-of-way, being the southeast corner of Lot No. 85. THENCE along said right-of-way of Lowell Lane, South Sixty-two Degrees Sixteen Minutes Zero Seconds 'West, a distance of Eighty-seven and Six Hundredths Feet (S 62 degrees 16 Minutes 00 Seconds W -87.06) to a point on the same and near the intersection with Vineyard Haven. THENCE along the same, along a curve to the right having a Radius of Ten and Zero Hundredths Feet, a Arc length of Fifteen and seventy-one Hundredths Feet, following a chord bearing North. Seventy-Two Degrees Forty-four Minutes Zero Seconds West, a chord distance of Fourteen and Fourteen Hundredths Feet (R=10.00 Feet, A=15.71 Feet, N 72 degrees 44 Minutes 00 Seconds W-14.14 Feet) to a point on the eastern right-of-way line of Vineyard Haven. THENCE along said right-of-way of Vineyard Haven, North Twenty-seven Degrees Forty-four Minutes Zero Seconds West, a distance of Sixty-five and Zero Hundredths Feet (N 27 degrees 44 Minutes 00 Seconds W- (55.00 Feet) to a point on the same being the southeast corner of Lot No. 83. THENCE along the property line of Lot No. 83, North Sixty-two Degrees Sixteen Minutes Zero Seconds East, a distance of Ninety-seven and Six Hundredths Feet (N 62 degrees 16 Minutes 00 Seconds E-97.06 Feet) to a point at the common property corner of Lots Nos. 83, 84 and 85. THENCE along the property line of Lot No. 85, South Twenty-seven Degrees Forty-four Minutes Zero Seconds East, a distance of Seventy-five and Zero Hundredths Feet (S 27 degrees 44 Minutes 00 Seconds E- 75.00) to a point on the northernright-of-way line of Lowell Lane, the point and place of BEGINNING. CONTAINING 7,258.06 Square Feet or 0.166 Acres BEING Lot No., 84 on the Revised Final Subdivision Plan of the Heights of Beacon Hill, Phase U, prepared by Melham Associates, P.C., dated June 29, 2001, last revised September 10, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 38; also being known as !Unit No. 84 as shown on the Declaration Plat recorded in Right-of-Way Plan Book 12, Page 1.30. UNDER AND SUBJECT to a Declaration of Planned Community dated and recorded May 24, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 675, Page 1092. ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and every part and parcel there; AND also all the estate, right, title, interest, use, possession, property, claim and demand ,4. whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. 'TITLE TO SAID PREMISES IS VESTED IN Christian C. Moore and Megan L. Moore, h/w, by Deed from BHH Partners, a Pennsylvania general partnership, by its attorney-in-fact, Don E. Haubert, SR., dated 07/31/2003, recorded 08/06/2003 in Book 258, Page 2750. PREMISES BEING: LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-450 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10+5364 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 CHRISTIAN C. MOORE and MEGAN L. MOORE (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 notif /,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 Duel $190,224.63 L.L.$.50 Interest from 9/29/10 to Date of Sale ($31.27 per diem) -- $4,846.85 Atty's Comm % Atty Paid $206.20 Plaintiff Paid Date: 1115110 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FILED-OFFICE OF* THE PROTHONOTARY 2010 DEC 17 AM 10: 30 CUMBERLAND COUNT",,' PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 244777 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 17, 2010. 2. Judgment was entered on October 12, 2010 in the amount of $190,224.63. 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. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $179,876.83 Interest Through March 2, 2011 $13,483.75 Per Diem $27.72 Late Charges $226.68 Legal fees $1,325.00 Cost of Suit and Title $845.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $125.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,101.27 TOTAL $198,983.53 244777 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 10, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 244777 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Hallinan & Schmim. LLP DATE: ?- By: . Phelan, Esq/ Id. No. 32227 ? qaAcis S. Hallinan, E?, Id. No. 62695 ? l G. Schmieg, Esq., Id. No. 62205 ? Mi ele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. B:ramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244777 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 Cavil Division V. CUMBERLAND County CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 244777 I. BACKGROUND OF CASE CHRISTIAN C. MOORE and MEGAN L. MOORE 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 LOT 84 VINEYARD HAVEN A/K/A, 1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 244777 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is, subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 244777 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 244777 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 75'1, 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 244777 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 244777 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 244777 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Hallinan & Schnum LLP DATE: l d By: U ence-T. Phelan, Esq/, Id. No. 32227 ? cis S. Hallinan, Esc(, Id. No. 62695 ? Vc1hiele el G. Schmieg, Esq., Id. No. 62205 ? M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. No. 81760 ?Oheetal enine R. Davey, Esq., Id. No. 87077 ? Lauren R. Talbas, 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. B:ramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 244777 Exhibit "A" 244777 FILED-OFF ]CF OF Tr3c i t.1 ??i'r?03AR`? 2M OCT 12 F;il 10j: 49 P f'1f?S`1 L .IIMI;?A 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. CHRISTIAN C. MOORE MEGAN L. MOORE , Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION No. 10-5364-CIVIL TERM 244777 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 CHRISTIAN C. MOORE, and MEGAN L. MOORE, 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 Plaintiffs damages as follows: As set forth in Complaint $188,090.19 Interest - 07/14/2010 to 09/28/2010 $2,134.44 TOTAL $190,224.63 I hereby certify that (1) the Defendants' last known addresses are LOT 84 VINEYARD HAVEN A/K/A, 1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070and 1128 COLUMBUS AVE, LEMOYNE, PA 17043, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Cam.--------_'_ Lawrence T. Phelan, Esq., Id. No. 32227 [?rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michell; M. Bradford, Esq., Id. No. 69849 ? Judith 1'. 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: f PHS # 244777 PROTHONOTARY 244777 Exhibit "B" 244777 °o V W x U a x a O .Y a U a 0 h ? E•o? zQ0 0.O A T? 7 O H V C O G O 0 N C h C Q E N jN ' y Eca E? LL aa. E c E `? Ob? Q3??tlW ?` E ? LL .o Uy ,066E 3QOO diZ ?Z4000 ZL c c a E ° O O 99 vq6 Z0 0 0 0 N N L ?0 9 , Z Z ®- ! • y O 53N?06 A34?M ® ?P?°y 1 Q A a 0.00 c ' a d® ay? ? ? Rr d N,D Er° O Q G O 7 L O d F O ? ? c E o ? = w 3 z 'vv?o w = 0 V T ? C- O ty 0 ? A w oS ?w Owvf M o ° o Eya /? I ?/ ?w ? ? U . E td E y ? Y?i / j Fti HM ? R M ? G O t T VJ Vi W ? ISM N C5 r N?oa°, z 00 W F yea f'? z O O ? GA O ? ? j o z ? Q A A, z z A z CC a rr ?y T ?? ^p e4 •p V 0 a° w ? ? z N a a s. 0 A ? U V 9 4y by ? h.?y W a O O a a ? E ? z z " z > 5 v N N N a a a a ° ? a y a? N M V) ?D t? 00 O cv 'n F a N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 10, 2010 CHRISTIAN C. MOORE 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070-2251 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 RE: WELLS FARGO BANK, N.A. v. CHRISTIAN C. MOORE and MEGAN L. MOORE Premises Address: LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-5364-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 15, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lawre e T wT, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire y'ndrew C. Bramblett, Esquire ,/Allison F. Wells, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Hallinan & Sc]iim LLP DATE: By: L J L ence T. Phelan, Vq., Id. No. 32227 ? it' r ncis S. Hallinan, Esq., Id. No. 62695 ? iel 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 244777 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Cavil Division V. CUMBERLAND County CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants CERTIFICATION OF SERVICE 244777 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CHRISTIAN C. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070-2251 CHRISTIAN C. MOORE MEGAN L. MOORE LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 DATE: d O Phelan Hallinan & Schmieg, LLP By: ?J La ence T. Phelan, E?q., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? D iel G. Schmieg, Esq., Id. No. 62205 ? Mic ele 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 244777 r FILED-OFFICE O THE PROTNOPIO TA",' 2019 DEC 21 PM 2: S 3 CUMBERLAND COUNTY PENNSYLVAN1,4 OEC 2 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. CHRISTIAN C. MOORE MEGAN L. MOORE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5364-CIVIL TERM RULE AND NOW, this 1 day of e--I- 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Ce Y, F- S /nz;ULL ') A A 777 244777 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 3D AM 10: 34 CU PE NNSYLVAN IA TY 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 CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants CERTIFICATION OF SERVICE 244777 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individuals on the date indicated below. CHRISTIAN C. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070-2251 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 CHRISTIAN C. MOORE MEGAN L. MOORE LOT 84 VINEYARD HAVEN A/K/A VINEYARD HAVEN NEW CUMBERLAND, PA 17070 Hallinan & DATE: b By: ? cis S. Hallinan, Esq., Id. No. 62695 ? iel G. Schmieg, Esq., Id. No. 62205 El ichele M. Bradford, Esq., Id. No. 69849 ? ;Jeefnine dith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF T. Phelan, Es ., Id. No. 32227 244777 FILED-, f F.ICE OF THE PROTHONOTARY 2011J,'?_ if" 1111 CUMBE' JtTY P'i a PEt ` Y1 U. ' "'A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. 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 CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE 244777 WELLS FARGO BANK, N.A., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 17, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 10, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable J. Wesley Oler on or about December 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on December 29, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011 . 244777 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By:_ I?Aljd ? II ence T. Phelan, s ., Id. 17537?27 ? F ands 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 244777 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 CHRISTIAN C. MOORE : MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 244777 A Motion to Reassess Damages was filed with the Court on December 16, 2010. A Rule was entered by the Court on or about December 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 29, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 244777 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 /Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244777 Exhibit "A" 244777 g a W O w U 9:t 00 a© as a,?a q y "? 4? y„ y zoo "c 9 c 'a E°?d a, d E E'^ c u E v N C F .? d3 .F a + y?ppl?yy '?? 5F R Y 4( ? ? ? O ?i.u?L.2$a( + ? v 00 ?, s ? R.d *J 9z m u ,.b C V p ? ?I?i{ ° ' U W ' u m 6,2 9 0 r Z > K $ g x .Z > A ?? a d M £ gE" x y+ C ?.a = Eb Q > a a v 00 z s °vi94 F ?.. y vi 94 O ri 0 O ? N ? ° w ? O a ? W o W W N RG ?` a' z ?o 1o z V u u > Z U N N N w v .? xi tr. ?'1; vs C ? r.a .• N M cr vl ? [l- 00 fT O N M h H N S PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 10, 2010 CHRISTIAN C. MOORE 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070-2251 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 RE: WELLS'FARGO BANK, N.A. v. CHRISTIAN C. MOORE and MEGAN L. MOORE Premises Address: LOT 84 VINEYARD HAVEN A/K/A1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-5364-CIVIL TERM Dear Defendants, Enclosed please fired a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9); I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 15, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LawreAQe T-P1e1w1; Esquire J Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalanle P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Brarnblett, Esquire s/Allison F. Wells, Esquire Enclosure Exhibit "B" 244777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to File a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and. no hearing will be scheduled on this matter. BY THE CO RT Irl J/'1/ J. 2444777 244777 Exhibit "C" 244777 F FRO?M OF Tai a , ,., E,t ,npv PLEA.... ??. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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-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 oRNE" Jaime McGuinness, Esq., Id. No. 90134 o A a aih Chrisovalante P. Fliakos, Esq., Id. No. 94620. Joshua 1. Goldman, Esq., Id. No. 2,05047 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 CHRISTIAN C. MOORS ilk `WT` )PV MEGAN L. MOORS]o'.: 10-5364-CIVIL 'T'ERM ?r Defendants CER'T'IFICATION OF SERVICE 244777 I hereby certify that a tru%alnl correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 201P kftf"slowing individuals on the date indicated below. CHRISTIAN C. MOORE CHRISTIAN C. MOORE MEGAN L. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN LOT 84 VINEYARD HAVEN A/K/A NEW CUMBERLAND, PA 17070-2251 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 Hallinan & DATE: -A A A k-1/ P uvrence T. Phelan, Es ., Id. No. 32227 ?S 9 1allinan, Esq., Id. No. 62695 ? iel G. S'chmieg, Esq., Id. No. 62205 ? ichele M. Bradford, I:sq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Ar ison F. Wells, Esq., Id. INTO. 309519 O 7 rOR"PLAINTIFF 244777 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., I 2227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? an'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 244777 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. CHRISTIAN C. MOORE MEGAN L. MOORE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5364-CIVIL TERM CERTIFICATION OF SERVICE 244777 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. CHRISTIAN C. MOORE CHRISTIAN C. MOORE MEGAN L. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN LOT 84 VINEYARD HAVEN A/K/A NEW CUMBERLAND, PA 17070-2251 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 Phelan Hallinan & Schmieg, LLP DATE: l By: jL4a?vr4einicee . P an No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? an'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 244777 FILED-OFFICE OF THE PROTHONOTARY 1011J.'! 12: 52 CUMBER! ;P,'-- COUNTY Y `;; ';iA C_ w IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA +9 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CHRISTIAN C. MOORE MEGAN L. MOORE No.: 10-5364-CIVIL TERM Defendants }? ORDER AND NOW, this ?tk "? day of S2 0 . , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plain.tiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $179,876.83 Interest Through March 2, 2011 $13,483.75 Per Diem $27.72 Late Charges $226.68 Legal fees $1,325.00 Cost of Suit and Title $845.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $125.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 244777 1 t Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,101.27 TOTAL $198,983.53 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 244777 Chelan, Ftallioan t &hmiej.a P ailfd Ohris-;an C . Moore , Dell > obbcsii Megan L . Moore , iJeF 11,81 244777 'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. CHRISTIAN C. MOORE MEGAN L. MOORE Defendant(s) CUMBERLAND COUNTY;'- ? Y? COURT OF COMMON?4A$l CIVIL DIVISION No.: 10-5364-CIVIL TER (7, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: _a As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h ii it "A ? Lawrence Tom, Esq., Id. No. 32;17 cis S. Hallinan, Esq., Id. No. 6 95 ? Daniel G. Schmieg, Esq., Id. . 62205 ? Michele M. Bradford, Esq., fd. 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 ? An Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Date: 1 PHS # 244777 ra u r C C Cc H c e C ao - VA C ? a? ? a ?0 4) a PQ U? ti wz ii N z¢o u c ° 0alivvi Oa ? ? v + a a ?30OOdIZW 0 99L LZG00 8 L O Z £ L$ °? W? Z0 90AON Z O L O ?y y`8 s ? .hb f- r, N w F E8 Nov 5 2010 ? _0 c - o m Ro E•w lwe0 u u ?_ w ps V O ?go°y"A muoo h wY? s p w c ? n. w 1 tt ._°; m 5ti i s w ,?? o m ? u o M W •v C ! w a ? L ? o u w O C O as ?+ o m Q ??+ Q p a?i a E a P ,,aG o > L+ O? ?kn O.Op0 V N G r y m C W "' h w rte. U oo @ H C ° a a d o b o °? v a ? a .. ?' c y o «? •.. OQ ? en .. o pq go ? 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O 0 C e !?': p p O t0 ? y ? S N ? g' •a a ° .s ?ijS ,C y q F ? p.F P4 M' d W y H i. b d v w w LL p ? ? ? O h ? U o ? ? n aw h rd d .- n o p _ c iE O ' C v O 9p .y y, N r" ?. C M % A. in ? 'C xN W w G par Q!i a 0 G w " i a ??fA/? ? ?? b pt y y r? 6i ,Q b Is b0 ? w ? w O PO v. °? FT, ?? d t V x+? cc t W o W 9Z k z?3 a° a ? z 0 z a w'v H 'a H z i a # # # # # # # # # # # # # # # .V.r y p T p z ' a Re- -A 7T-E?& P-r PW1 olk5L? NOT S t,ED AFFIDAVIT OF SERVICE THLMC) (? < PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 244777 DEFENDANt SERVICE TEAM/ kxc CHRISTIAN C. MOORE COURT NO.: 10-5364-CIVIL. TERM MEGAN L.:YIOORE SERVE CHRISTIAN C. iYI00ItE AT: TS'PE OF .ACTION C3 rv ? o LOT 84 VINEYARD RAVEN A/K/A XX Notice of Sheriff" s Safe . t I VINEYARD IIAVEN SALE, DATE: 03102121111 MUD F NEW CUMBERLAND, PA 17070 1 F' 's SERVED ich N uz ° Served and made known to CHRISTIAN C. MOORE , Defendant. on the 3 RD'day of _ is ja 2o, t x?• c -ri f. M., at D ?/EN in the manner described below: ?Ag 9 2,5oclock c)c- - Defendant personally served, NEW tut" BF 14*1b IAA, c) Adult family member with whom Defendant(s) reside(s). --} Relationship is Adult in chargc of Defendant's residence who refused to give name or rclationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: S t Description: Aced Height ,11 Weight Race _W Sex Other 1. ?07U _ OC Z , a competent adult, being duly sworn according to law. depose and st ate that I personally handed a Lrue and correct copy of the Notice of Sheriff's Sale in the, manner as set forth herein, iss ued in the captioned case on the date and at the address indicated above. # COI &I sjUEa Ar 7**I P TJ Izz-s uLTeb I m Sworn to and subscribed 5 61CCEN>5 F-a L 5 r-AV( cf- . before me this 304) day cf._-PJ 'o_lf. Nota: v: B NOT SERVED On t e y A 20_, at o clock M., Defendant NOT FOUND Because an Does Not Exist Moved _ Does Not Reside (Not Vacant) ?Cit?iR RLY CURTY - Servile. Refused NOTAikY f UBLIC Other S`l'A1Frr ^'47--1u;?-RSEY Sworn to and subscribcd I MY C(lf q :tl syl ?= I ` [k ?'i ?RARCH 7.2013 before me this daN. `- of .20 Bv: Notts i-v . ATTORNEY FOR PLAINTIFF Lawrence T. Phelan. Fsq.. Id. No. 32227 Francis S. Hallman, Cs4, Id. No. 62695 Daniel G. Schadeg, Rsq, Id. No. 622M5 Michele a1. Ilr.,dford, Esq., W. No. 69849 Judith T. R.-, Esq., 1d. No. 511745 Sheclal R 51wh-Janl, Esq., Id. No. 917611 Jenine It. Dave". Esq., Id. No. 87077 L -mu R. Tabub, Esq., Id. No. 93337 \,vek stivastava, Esq., Id. No.120,lkm jay B.,)ones. P ,I.. Id..So. 866:7 Peter J. Nlukahy, Esq., U .N.. 61791 .Andrew 1.. Spivack. Esq., Id. No. &141§ Jaime NI, Guinness, Esq... Id. No, 90134 Cl risovalame P. FhAkos, Esq., Id. No. 9462U Joshua 1. Coldman, L'q, Id. Nn. 2059114? C'.oortmay R. Luan. Esq,, Id. No. 206779 Andrew C. l3raiublclt. Esq., Id. No. 20&175 One Penn Center al Jlebutfian S??aatbn 1617 John F. Rennedy R1vd., Swle 14110 Philadelphia, PA 19103.1814 315) 563-701) i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F' CE :;.c 'IE OF T L:. PRO THONo ?v E Jody S Smith Chief Deputy Richard W Stewart Solicitor M' I APR I ? rJM,B RLAN-D COWITY PENNSYLVANIA ' Wells Fargo Bank, NA vs. Case Number . Christian C. Moore (et al.) 2010-5364 SHERIFF'S RETURN OF SERVICE 01/03/2011 08:09 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at Lot 84 Vineyard Haven, a/k/a 1 Vineyard Haven, New Cumberland, PA 17070, Cumberland County. 01/03/2011 08:09 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Christian C. Moore at 1 Vineyard Haven Lot 84, Lower Allen Township, New Cumberland, PA 17070, Cumberland County. 01/03/2011 08:20 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Tommy Peslis (Fiance), who accepted as "Adult Person in Charge" for Megan L. Moore at 1128 Columbus Avenue, Apt, 4, Lemoyne, PA 17043, Cumberland County. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $767.06 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 4'418. on iJ L ??c a,oo PC0% • S o ?cL? R# as7148 (r) Gouniy5uite She[Ifk, Teleosoff Inc. WELLS FARUO BANK, N.A. Plaintiff • V. CHRISTIAN C. MOORE MEGAN L. MOORE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5364-CIVIL TERM CUMBERLAND COUNTY PHS # 244777 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 LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHRISTIAN C. MOORE LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 MEGAN L. MOORE 1128 COLUMBUS AVE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) Wells Fargo Bank, N.A. 123 South Broad Street; Suite 2080 C/o: McCabe, Weisberg & Company Philadelphia, PA 19109 4. Name and address of last recorded holder of every m ortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Bank, National Association 1 Home Campus Des Moines, IA 50328 Wells Fargo Bank, N.A. P.O. Box 31557; MAC B6908-012 Billings, MT 59107-9900 Wells Fargo Bank, N.A. 2202 W. Rose Garden Lane Attn: Sharon Seeds: Document Preparation Phoenix, AZ 85027 Wells Fargo Bank National Association 101 North Phillips Avenue Sioux Falls, SD 57104 ' 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic. Relations of Cumberland County LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 f Megan L. Moore 5021 East Trindle Road C/o: Linda A. Clotfelter, Esquire Mechanicsburg, PA 17050 Beacon Hill Heights Development Corporation P.O. Box 712 Camp Hill, PA 17001-0712 The Heights of Beacon Hill 1524 Fairmont Street Pittsburgh, PA 15221-2687 The Heights of Beacon Hill 110 4`h Street Rear New Cumberland, PA 17070-2115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities November 1, 2010 By. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 cis 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the northern right-of-way line of Lowell Lane, a Fifty Foot (50 Foot) right-of-way, being the southeast corner of Lot No. 85. THENCE along said right-of-way of Lowell Lane, South Sixty-two Degrees Sixteen Minutes Zero Seconds West, a distance of Eighty-seven and Six Hundredths Feet (S 62 degrees 16 Minutes 00 Seconds W -87.06) to a point on the same and near the intersection with Vineyard Haven. THENCE along the same, along a curve to the right having a Radius of Ten and Zero Hundredths Feet, a Arc length of Fifteen and seventy-one Hundredths Feet, following a chord bearing North Seventy-Two Degrees Forty-four Minutes Zero Seconds West, a chord distance of Fourteen and Fourteen Hundredths Feet (R=10.00 Feet, A=15.71 Feet, N 72 degrees 44 Minutes 00 Seconds W-14.14 Feet) to a point on the eastern right-of-way line of Vineyard Haven. THENCE along said right-of-way of Vineyard Haven, North Twenty-seven Degrees Forty-four Minutes Zero Seconds West, a distance of Sixty-five and Zero Hundredths Feet (N 27 degrees 44 Minutes 00 Seconds W- 65.00 Feet) to a point on the same being the southeast corner of Lot No. 83. THENCE along the property line of Lot No. 83, North Sixty-two Degrees Sixteen Minutes Zero Seconds East, a distance of Ninety-seven and Six Hundredths Feet (N 62 degrees 16 Minutes 00 Seconds E-97.06 Feet) to a point at the common property corner of Lots Nos. 83, 84 and 85. THENCE along the property line of Lot No. 85, South Twenty-seven Degrees Forty-four Minutes Zero Seconds East, a distance of Seventy-five and Zero Hundredths Feet (S 27 degrees 44 Minutes 00 Seconds E- 75.00) to a point on the northern right-of-way line of Lowell Lane, the point and place of BEGINNING. CONTAINING 7,258.06 Square Feet or 0.166 Acres BEING Lot No. 84 on the Revised Final Subdivision Plan of the Heights of Beacon Hill, Phase 11, prepared by Melham Associates, P.C., dated June 29, 2001, last revised September 10, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 38; also being known as Unit No. 84 as shown on the Declaration Plat recorded in Right-of-Way Plan Book 12, Page 130. UNDER AND SUBJECT to a Declaration of Planned Community dated and recorded May 24, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 675, Page 1092. ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and every part and parcel there; AND also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. TITLE TO SAID PREMISES IS VESTED IN Christian C. Moore and Megan L. Moore, h/w, by Deed from BHH Partners, a Pennsylvania general partnership, by its attorney-in-fact, Don E. Haubert, SR., dated 07/31/2003, recorded 08/06/2003 in Book 258, Page 2750. PREMISES BEING: LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-450 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. CHRISTIAN C. MOORE NO.: 10-5364-CIVIL TERM MEGAN L. MOORE : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHRISTIAN C. MOORE MEGAN L. MOORE LOT 84 VINEYARD HAVEN 1128 COLUMBUS AVE A/K/A 1 VINEYARD HAVEN LEMOYNE, PA 17043 NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $190,224.63 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. 10-5364-CIVIL TERM WELLS FARGO BANK, N.A. VS. CHRISTIAN C. MOORE MEGAN L. MOORE owner(s) of property situate in LOWER ALLEN Township, Cumberland County, Pennsylvania, being (Municipality) LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN NEW CUMBERLAND PA 17070 Parcel No. 13-25-0008-450 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $190,224.63 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 situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the northern right-of-way line of Lowell Lane, a Fifty Foot (50 Foot) right-of-way, being the southeast corner of Lot No. 85. THENCE along said right-of-way of Lowell Lane, South Sixty-two Degrees Sixteen Minutes Zero Seconds West, a distance of Eighty-seven and Six Hundredths Feet (S 62 degrees 16 Minutes 00 Seconds W -87.06) to a point on the same and near the intersection with Vineyard Haven. THENCE along the same, along a curve to the right having a Radius of Ten and Zero Hundredths Feet, a Arc length of Fifteen and seventy-one Hundredths Feet, following a chord bearing North Seventy-Two Degrees Forty-four Minutes Zero Seconds West, a chord distance of Fourteen and Fourteen Hundredths Feet (R=10.00 Feet, A=15.71 Feet, N 72 degrees 44 Minutes 00 Seconds W-14.14 Feet) to a point on the eastern right-of-way line of Vineyard Haven. THENCE along said right-of-way of Vineyard Haven, North Twenty-seven Degrees Forty-four Minutes Zero Seconds West, a distance of Sixty-five and Zero Hundredths Feet (N 27 degrees 44 Minutes 00 Seconds W- 65.00 Feet) to a point on the same being the southeast corner of Lot No. 83. THENCE along the property line of Lot No. 83, North Sixty-two Degrees Sixteen Minutes Zero Seconds East, a distance of Ninety-seven and Six Hundredths Feet (N 62 degrees 16 Minutes 00 Seconds E-97.06 Feet) to a point at the common property corner of Lots Nos. 83, 84 and 85. THENCE along the property line of Lot No. 85, South Twenty-seven Degrees Forty-four Minutes Zero Seconds East, a distance of Seventy-five and Zero Hundredths Feet (S 27 degrees 44 Minutes 00 Seconds E- 75.00) to a point on the northern right-of-way line of Lowell Lane, the point and place of BEGINNING. CONTAINING 7,258.06 Square Feet or 0.166 Acres BEING Lot No. 84 on the Revised Final Subdivision Plan of the Heights of Beacon Hill, Phase Il, prepared by Melham Associates, P.C., dated June 29, 2001, last revised September 10, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 38; also being known as Unit No. 84 as shown on the Declaration Plat recorded in Right-of-Way Plan Book 12, Page 130. UNDER AND SUBJECT to a Declaration of Planned Community dated and recorded May 24, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 675, Page 1092. ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and every part and parcel there; AND also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. TITLE TO SAID PREMISES IS VESTED IN Christian C. Moore and Megan L. Moore, h/w, by Deed from BHH Partners, a Pennsylvania general partnership, by its attorney-in-fact, Don E. Haubert, SR., dated 07/31/2003, recorded 08/06/2003 in Book 258, Page 2750. PREMISES BEING: LOT 84 VINEYARD HAVEN A/K/A,1 VINEYARD HAVEN, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-450 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10+5364 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 CHRISTIAN C. MOORE and MEGAN L. MOORE (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, property o t e e en an s no levied upon an subject to a ac en is oun in e 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 $190,224.63 L.L.$.50 Interest from 9/29/10 to Date of Sale ($31.27 per diem) -- $4,846.85 Atty's Comm % Atty Paid $206.20 Plaintiff Paid Date: 1115110 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs All David uell, +honotary By: Deputy Name: DANIEL G. SCHMIEG, 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. 62205 TRUE COPY FROM RECORD N Testimony whereto, f here unto set my hand MW the $eal to said court at Cerows, Pa. Thk A CIV to ?\Jf?OCa t. ,1J13 Prou?on?taur I On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, Lot 84 Vineyard Haven, a/k/a 1 Vineyard Haven, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: ?. ? &uka-f/' Real Estate Coordinator 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. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 11 da of February,2011 Notary F OTARIAL SEAL ORAH A COLLINS otary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5364 Civil Wells Fargo Bank, NA VS. Christian C. Moore Megan L. Moore Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5364-CIVIL TERM, WELLS FARGO BANK, N.A. vs. CHRISTIAN C. MOORE, MEGAN L. MOORE, owner(s) of property situate in LOW- ER ALLEN Township, Cumberland County, Pennsylvania, being LOT 84 VINEYARD HAVEN A/K/A 1 VINE- YARD HAVEN, NEW CUMBERLAND, PA 17070. Parcel No. 13-25-0008-450. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $190,224- .63. 41 The Patriot--News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe?Jatriot-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. chat 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 31 7. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28/11 2010-5364 Civil Term Wells Fargo Bank, NA 2/4/11 vs Christian C. Moore 2/11/11 Megan L. Moore Att D i l S h l y_ ?V y: an e m c eg !? By virtue of a Writ of Execution NO 10-53%CIVIL 17ERM j WELLS FARGO BANK, N.A. VS. Sworn to and-§ubscribed before me this 22 day of 1500ruary, 2011 A.D. CHRISTIAN C. MOORE / . MEGAN L. MOORS owner(s) of property situate in LOWER j ALLEN Township, Cumberland County ,- _.L Pennsylvania, being Notary Public (Municipality) LOT 84 VINEYARD HAVEN A/K/A 1 VINEYARD HAVEN, NEW IONWEALTH OF PENNSYLVANIA-, CUMBERLAND, PA:17070 COtm Parcel No. 13-25-0008-450 Notarial Seal Public L idsner (Acreage or street address) Improvements thereon: RESIDENTIAL , Sher,9e -owe, Paxton Twp., Dauphln County 1 son ?Ires Nov. 26, 2011 , DWELLING JUDGMENT AMOUNT: $190,224.63 ,l4 i orbs Piembnt ° nns<lvanlz .Rssociatbn of Notatie!= 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 Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 5th day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5364, at the suit of Wells Fargo Bank N A against Christian C & Megan L Moore is duly recorded as Instrument Number 201110692. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ! Z Z? day of r1 of Deeds 30order of Deeds, Cumberland County, Carlisle, PA ty Commission Expires the First Monday of Jan. 2014