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Home My WebLink About10-5884Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 .. Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KENNETH S. COLMAN SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Defendants l}? H10:45 CUIv9 *r i-QUf'VN P6NNXVM A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - S88y aCOUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 pzov c 0w C ? IOa3G?l?j 249332 File #: 249332 0. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 249332 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH S. COLMAN SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/26/2004 KENNETH S. COLMAN and SANDRA K. MASSE made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1865, Page 453. By Assignment of Mortgage recorded 01/17/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 733, Page 2986. 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 04/01/2010 and each month thereafter are due and unpaid, and by the terms File 4: 249332 6 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. The following amounts are due on the mortgage: Principal Balance $155,954.09 Interest $5,653.32 03/01/2010 through 08/24/2010 (Per Diem $31.4074) Attorney's Fees $650.00 Late Charges through 08/24/2010 $425.16 Property Inspections/Property Preservations $122.50 Non Sufficient Funds Charge $20.00 Mortgage Insurance Premium / $115.78 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $1,204.39 TOTAL $164,695.24 7 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 File #: 249332 authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. KENNETH S. COLMAN IRS Docket No. 2008-00491; filed 01/22/2008; in the amount of $13,340.24 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $164,695.24, together with interest from 08/24/2010 at the rate of $31.4074 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ,Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 249332 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Nottingham Drive at the common front property corners of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of lots; thence along said right-of-way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East. a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-13; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto File 9: 249332 Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. HAVING THEREON ERECTED a two story dwelling being known and numbered as 54 Nottingham Drive, Mechanicsburg, Pennsylvania 17050. The within conveyance is UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and as shown on the aforementioned plan. PROPERTY ADDRESS: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 PARCEL # 38-19-1621-232 File #: 249332 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ttomey for Plaintiff DATE: O File #: 249332 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Kenneth S. Colman (et al.) OFFICE =-rESrERIFF CNOTARY r» R r•' J:s rS,LAND C0!JiNTY :, ? tt IAA att f Case Number 2010-5884 SHERIFF'S RETURN OF SERVICE 09/21/2010 08:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Masse, by making known unto herself personally, at 54 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its content: and at the same time handing to her personally the said true and correct copy of the same. TIM LAtk, DEPUTY 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kenneth S. Colman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kenneth S. Colman. Sandra K. Masse advised Deputies, Kenneth S. Colman currently resides at 124 Mobile Garden Place, Lake Ariel, PA 18436. SHERIFF COST: $58.00 September 23, 2010 SO ANSWERS, (?z x 2x??? RON R ANDERSON, SHERIFF (c) CountySutte Shenfl, Teleasoft. Inc. ~ ` i~ Bl..~a-~~FI~E_ Z~I~ ~~ ~ -? ~t~ ~~ ~ [ ~;v~ ~~.~.nr~~ ~L~`J~~ t `t' raaT''1"~1~`~!~ l~J4wt"k'~ y° ~.,i e. 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. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5884 CIVIL TERM KENNETH S. COLMAN CUMBERLAND COUNTY SANDRA K. MASSE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 249332 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan linan &Schmieg, LLP Attorn f r Plai~nftiff -- Z~ t~ By: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. HaIlinan, 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 ^ 3oshua I. Goldman, Esq., ld. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-4-10 PHS #: 249332 ~ w c r VERIFICATION Vice President Loan Documentation China Brown ,hereby states that he/she is of, 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. DATE: 9/17/10 File #: 249332 Name: COLMAN Name: China Brown Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. l Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite ] 400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5884 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: KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 PHS #: 249332 SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 Phelan Hallinan & Schmieg~LLP Atto for Plaintiff By: rU`i ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-4-10 PHS #: 249332 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 715-563-7000 WELLS FARGO BANK, N.A. Plaintiff Vs. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants FILED-OFEICE C" THE RROTt PROTHONOTARY 2010 4L'T 13 AM I I * !, E CUMBERLAND COUN 'i' ENNSYL`I/ANI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 10-5884 CIVIL TERM bb I? 'C?l TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL 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 LJ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: October 1 ?., 2010 /jcs, Svc Dept. File# 249332 .: ~. AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA GO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20530 SERVED CUMBERLAND COUNTY PHS # 249332 SERVICE TEAM/ ics ~j tv G7 ~ COURT NO.: 10-5884 CIVIL TERM ~ o ~~ +CA o -r1 S ~~ ~ ~ ~ --1 ~ ~ ~' '~ ~ t *t ~ TYPE OF ACTION Q ~ ' XX Mortgage Foreclosure C s XX Civil Action ~ ~ ' 1 ~ ~ t13 T'i ~ ~ -~ a ~ Served and made known to THE UNITED STATES OF AMERICA GO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ,Defendant on the ~ ay of , 20L.~_, at l; Z.U ,o'clock . M., at ~4!-'1~-- a-~ -~c3+S , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ Agent or person in charge of Defendant's office or usual place of business. ~ Cc.e1WT, C-t.~1C-~- _ an officer of said Defendant's company. Other: Description: Age ___il__ Height ~,~u Weight[(p~ Race ,~_ Sex ~ Other I,-?Z'~M C~k~iaf~'i'~~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Com In aint in the manner as set forth herein, issued in ; ~9~iFed case on the date and at the address indicated above. ``*`~7,y~ ~~~ ~~~'r Sworn to and subsc bed ~- . Q- ~r~.. before me this day ~ r•..' 'S'~ °! ~( ~~_; By: ....::.. t „/ ,r NOT SERVED ~~ ~~ ~4: e a of , 20 , at _ o'clock _. M., Defendant NOT FOUND because!S-~~ ~~M.~ M1A ~lj~~~ _ Vacant Does Not Exist Moved Does Not Reside (Not Vacant~I,,`+l ~~fl `a`t,. No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINTIFF lawrena T. PAelmr, Esq., Id. No. 32227 Franco S. ILBinan, Esq~ Id. No. 62695 Dardel G. Srhmicg, Faq., Id. No. 62205 Midrek M. Bradford, Esq., Id. No. 69849 Joditb T. Romano, Esq., ItL No. 58745 Sheetal R Shah-Joni, Faq., Id. No. 61760 Jenine R. Davey, Esq., Id. No.87077 Ianren R Tabae, Fsq., Id. No. 933:17 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Janes, Esq., id. Nw 86657 Peler J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack, Eaq., Id. No. 844:19 Jaime McGuionesa, Esq., Id. No. 90134 Chrbovnleme P. FBakos, Esq., Id. No. 94620 Joshm 1. Goldman, Esq, Id. No.205047 Conttemy R Dmro, Esq., Id. No.206779 Andrew G Btambh9l, Fsq., Id. Na 208375 One Penn Center at Sab Shtim 1617 ]ohn F. Kennedy BhM., Saite 7400 PhihrdelPbia, PA 19103.1814 (215) 5637000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . F 1LL D f'F F1 "- Sheriff Vi c- P R, 0 T` 0INfI - a R Jody S Smith Chief Deputy Richard W Stewart Solicitor 20 i` 1 JAN 14 AM : 17 C;1 Wells Fargo Bank, NA vs. Kenneth S. Colman (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-5884 10/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kenneth S. Colman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 01/03/2011 Lackawanna County Return: And now, January 3, 2011 I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kenneth S. Colman the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to finc him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 124 Mobile Garden Place, Roaring Brook Township, Pennsylvania 18436 is not a good address. SHERIFF COST: $37.00 SO ANSWERS, January 11, 2011 RON R ANDERSON, SHERIFF (C Coi itySi?i4r S:^er•'f. 1-e;?eosoft, Inr,. SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00717 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna County WELLS FARGO BANK NA VS COLMAN KENNETH S. DOLPH DEININGER according to law, says, that he made a diligent search and inquiry for the within named COMPLAINT MORT. FORE. to wit COLMAN KENNETH S. was unable to locate Him within the limits of Lackawanna County and the State of Pennsylvania nor to ascertain the DEFENDANT whereabouts, and I do therefore return the within COMPLAINT MORT. FORE. , NOT FOUND , as to the said 124 MOBILE GARDEN PLACE 's present ROARING BROOK TWP., PA 18436 NOT FOUND, BAD ADDRESS PER SERVICE ATTEMPT AND POSTAL SERVICE 01/03/11 Deputy Sheriff , who being duly sworn So answers: John Szymanski, Sheriff Sheriff's Docketing Service Affidavit Surcharge 2osts: 00 44.60 .00 .00 .00 U ?0f(? l .00 .00 By: DOLPH DEININGER Deputy She ' f 00/00/0000 Sworn and subscribed to before me this day of A. D. Notary :"!;E `' r 1I-IDNUTAR 2GI I MAR 23 AM 10: DG Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 C'U MOERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Court of Common Pleas Civil Division Cumberland County No. 2010-5884 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, KENNETH S. COLMAN, by first class mail to the mortgaged premises, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050; posting of the mortgaged premises, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, KENNETH S. COLMAN, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. 3 2. The Sheriff of Lackawanna County attempted to serve the Defendant at 124 MOBILE GARDEN PLACE, LAKE ARIEL, PA 18436. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the Defendant does not reside at said address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 3. Plaintiff contacted the Prothontary's Office and as of March 22, 2011, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 14, 2011 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s March 14, 2011 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of March 22, 2011 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, KENNETH S. COLMAN, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Date: March 22, 2011 Respectfully submitted, PHELAN HALLINAN & SCHMT,.G, LLP T. Phelan, Escl-Id. No. 32227 Fra-ftik,S,4+aITman, Esq., Id. No. Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69 9 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff 5 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY NO. 2010-5884 KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA MEMORANDUM OF LAW I. FACTUAL BACKGROUND Attempts to serve Defendant, KENNETH S. COLMAN, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050. The Sheriff of Lackawanna County attempted to serve the Defendant at 124 MOBILE GARDEN PLACE, LAKE ARIEL, PA 18436. As indicated by the Returns of Service attached hereto as Exhibits "A" and "B", no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto as Exhibit "C". Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant as of March 22, 2011 to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 6 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the attached Returns of Service, attached hereto and marked as Exhibits "A" and "B", the Sheriff of Cumberland County and the Sheriff of Lackawanna County have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the attached affidavit of due diligence, marked as Exhibit "C". Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 7 III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, publication, and posting. Respectfully submitted, PHELAN HALL , LLP Date: March 22, 2011 nce T. !=linan , Esq., Id. No. 322 Francis S. ,Esq., Id. No. 6269 Daniel G. Schmieg, Esq., Id. No. 622 5 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 --'Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff 8 Exhibit "A" 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F1 LED- OF Fl(' E a . !j:= THE PROTHONOTARY ?oNatr of imnbrr/;r?+? 2G I I JAN 14 AM 8: 17 rUMBERLA[40 COUNTY OFFICE OF THE SHERIFF PENNSYL VANi Wells Fargo Bank, NA vs. Kenneth S. Colman (et al.) Case Number 2010-5884 SHERIFF'S RETURN OF SERVICE 10/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kenneth S. Colman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 01/0312011 Lackawanna County Return: And now, January 3, 2011 I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kenneth S. Colman the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to fine him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 124 Mobile Garden Place, Roaring Brook Township, Pennsylvania 18436 is not a good address. SHERIFF COST: $37.00 January 11, 2011 SO ANSWERS, RbNR'Y R ANDERSON, SHERIFF :;CI CounrySuile Sheriff 7elensnfl, In,. Exhibit "B" 14 SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00717 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna County WELLS FARGO BANK NA VS COLMAN KENNETH S DOLPH DEININGER , Deputy Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named COMPLAINT MORT. FORE. to wit COLMAN KENNETH S. was unable to locate Him within the limits of Lackawanna County and the State of Pennsylvania nor to ascertain the DEFENDANT whereabouts, and I do therefore return the within COMPLAINT MORT. FORE. , NOT FOUND , as to the said is present 124 MOBILE GARDEN PLACE ROARING BROOK TWP., PA 18436 NOT FOUND, BAD ADDRESS PER SERVICE ATTEMPT AND POSTAL SERVICE 01/03/11 Sheriff's Docketing Service Affidavit Surcharge ?osts: .00 44.60 .00 .00 00 lid `o .00 JJ .00 So answers: John Szymanski, Sheriff By: DOLPH DEINI GER Deputy She f 00/00/0000 Sworn and subscribed to before me this day of A. D. Notary ly/ Exhibit "C" 15 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 249332 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Kenneth S. Colman & Sandra K. Masse Property Address: 54 Nottingham Drive, Mechanicsburg, PA 17050 Possible Mailing Address: (Kenneth S. Colman) 54 Nottingham Drive, Silver Spring, PA 17050 (Sandra K. Masse) 1 West Main Street, Mechanicsburg, PA 17055 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kenneth S. Colman - xxx-xx-9588 Sandra K. Masse - xxx-xx-5243 B. EMPLOYMENT SEARCH Kenneth S. Colman & Sandra K. Masse - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Kenneth S. Colman & Sandra K. Masse reside(s) at: 54 Nottingham Drive, Mechanicsburg, PA 17050. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Kenneth S. Colman reside(s) at: 426 Fig Street, Apartment 1, Scranton, PA 18505, which is an Apartment Complex, however had no listing for Sandra K. Masse. On 03-03-11 our office made several telephone calls to the subject's phone number (717) 766-2412 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 03-03-11 our office made a phone call in an attempt to contact Manal Hasaballa (717) 790-9010, 53 Nottingham Drive, Mechanicsburg, PA 17050: spoke with an unidentified female who could not confirm that the subjects reside(s) at 54 Nottingham Drive, Mechanicsburg, PA 17050. On 03-03-11 our office made several phone calls in an attempt to contact Michael L. Bruner (717) 458-5294,55 Nottingham Drive, Mechanicsburg, PA 17050: answering machine. On 03-03-11 our office made several phone calls in an attempt to contact Linda J. Darhower (717) 766-1716, 51 Nottingham Drive, Mechanicsburg, PA 17050: answering machine. On 03-03-11 our office made several phone calls in an attempt to contact Gregory Hampshire (717) 766-4743, 2 West Main Street, Mechanicsburg, PA 17055: answering machine. On 03-03-11 our office made several phone calls in an attempt to contact Trinity United Methodist Church (717) 766-0035,4 West Main Street, Mechanicsburg, PA 17055: answering machine. On 03-03-11 our office made several phone calls in an attempt to contact Hazlett Greg (717) 790- 5500,7 West Main Street, Mechanicsburg, PA 17055: answering machine. Using our white pages database our office was unable to locate any neighbors for 54 Nottingham Drive, Silver Spring, PA 17050. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-03-11 we reviewed the National Address database and found the following information: Kenneth S. Colman - 54 Nottingham Drive, Silver Spring, PA 17050 & Sandra K. Masse -1 West Main Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Kenneth S. Colman) 54 Nottingham Drive, Silver Spring, PA 17050 & (Sandra K. Masse)1 West Main Street, Mechanicsburg, PA 17055. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-03-11 Vital Records and all public databases have no death record on file for Kenneth S, Colman & Sandra K. Masse. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Kenneth S. Colman -10-15-1975 Sandra K. Masse - 01-01-1975 B. A.K.A. Sandra S. Masse; Sandra K. Shoemaker * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, ion and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. I vela ' rr to u orn falsification to authorities, to and su ore me this day of? The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "D" 16 N 10 •-1 0 z r m o ?, c oo a` w N y a? p * •1F •lf• ? n c a d > O ? ? H x 0? C aro o ? ? a b N y ? o ? b d ao STJ A n y _. ? o• Cd CS O o O t C l F l -I /'1 4? / r 7 •v c 0 ? O $ N y co 1 y/ fl - ' o f° cou ? d y p ? r ; yy W1 ? F c w • osr F U TNkV R??WES ? ? H ? ° ' W 520 $102 •gao ° . a 02 1M 0004277256 MAR 14 2011. 5• MAILED FROM ZIP CODE 19' 03 fD ? a ? a a. II I ?c °w F• ka A ?y W O ,r c K a b .may r b to A a A 0 0 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail kristin.hartman@fedphe.com Kristin Hartman, Ext. 1356 Service Department Representing Lenders in Pennsylvania and New Jersey March 14, 2011 KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 RE: WELLS FARGO BANK, N.A. vs. KENNETH S. COLMAN, SANDRA K. MASSE and THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050 Cumberland County, No. 2010-5884 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MARCH 21, 2011. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin Hartman For Phelan Hallinan & Schmieg, LLP 12 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Respectfully submitted, PHELAN HALLNANA-VIEG, LLP Date: March 22, 2011 By: wrence T. Ph sq., Id. No. 3 Francis S. a inan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 622 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 ,,--Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff 9 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff Court of Common Pleas WELLS FARGO BANK, N.A. Civil Division VS. Cumberland County No. 2010-5884 KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. KENNETH S. COLMAN: 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 C/C: SANDRA K. MASSE 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Date: March 22, 2011 Respectfully submitted, PHELAN HALLINAN & SCH LLP ela sq., Id. No. 32227 \ Francis S. Hallina , Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff 11 . l Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. ILE D- O T HONOTAR? 2011 APP -6 AN 9: 49 CUMBERLAND COUNT'( PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY KENNETH S. COLMAN No. 10-5884 CIVIL TERM SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ek tk 10-7 loaf S!Q CI 12 it asr :5a-? ip f TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLIIAN &ASCHMIEG, LLP By: ? Lawr e . Phelan, sq., Id. No. 32227 ? Fr is S. allman, E q., Id. No. 62695 ? D iel G. chmieg, sq., Id. No. 62205 ? Michele rd, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: April 5, 2011 /npe, Svc Dept. File# 249332 hL F1,19THONOTARI. APR I I AM 9: i ' UMBERLAND COUNTY PENNSYLVANIA 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 ATTORNEYS FOR PLAINTIFF Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allicon F Wells, Esq Td Nn_ 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY KENNETH S. COLMAN : NO. 10-5884 CIVIL TERM SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following person, KENNETH S. COLMAN, at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050 on APRIL 8.2011, in accordance with the Order of Court dated MARCH 24, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: April 8, 2011 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff PHS# 249332 e 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 ! rr!6i- OTA ?? Ia(1PPENNS}'?YyA OUNT' NIA ATTORNEYS FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 10-5884 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY POSTING PURSUANT TO COURT ORDER Post by: ASAP AFFIDAVIT OF SERVICE - CUMBERLAND (NPE) PLAINTIFF WELLS FARGO BANK, N.A. COUNTY: CUMBERLAND COURT NO. 10-5884 CIVIL TERM DEFENDANT KENNETH S. COLMAN TYPE OF ACTION SANDRA K. MASSE XX Mortgage Foreclosure Eviction SERVE KENNETH S. COLMAN AT: XX Civil Action 54 NOTTINGHAM DRIVE Complaint on Promissory Note MECHANICSBURG, PA 17050 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served n Posted and made known to KENNETH S. COLMAN, Defendant on the 1 -7 !" day of 4 p2 (L- ao at ? (o o'clock, 4. M., at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050 in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other: 6 srk,67 ? eAar? Description: Age Height Weight Race Sex Other I, ?d t,Cr a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. Sworn to and subscribed Before m this' 1 day CURTY of----! r 20rI Notary KIMBERLY N07ARY PUBLIC : By; Not Served STATE OF NEW JERSEY On the 201___, at o'clock _.M., MY COMMISSION EXPIRES MARCH 7, 2013 Defe t N Moved -Unknown No Answer _ Vacant Other: Sworn to and subscribed Before me this day of , 201_. Notary: By: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire 1 PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FILE# 249332 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Mft .a 11141,06 pkall? : CUMBERLAND COUNTY lq*ccs 11 J COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5884 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH S. COLMAN, and SANDRA K. MASSE, 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: Attorney for Plaintiff 249332 As set forth in Complaint $164,695.24 Interest - 08/25/2010 to 06/22/2011 TOTAL $9,485.03 $174,180.27 I hereby certify that (1) the Defendants' last known address is 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644, and (2) VFrcis en gi en in accordance with Rule Pa.R.C.P 237.1. Date 4,Aa helan, q., Id. No. 32227 allinan, E q., Id. No. 62695 hmieg, Esq., Id. No. 62205 Bradford, Esq., Id. No. 69849 mano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 -// PHS # 249332 ?P1 V A , 249332 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN SANDRA K. MASSE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5884 CIVIL TERM THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AFFIDAVIT 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. 249332 (b) that defendant KENNETH S. COLMAN is over 18 years of age and resides at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644. (c) that defendant SANDRA K. MASSE is over 18 years of age and resides at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. , /-N Date U wrence T. Phelan, Efq., Id. No. 32227 ? r cis S. Hallinan, Esq., Id. No. 62695 ?? iel G. Schmieg, Esq., Id. No. 62205 thele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ?/5heetal R. Shah-Jani, Esq., Id. No. 81760 © Jemne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 249332 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION SANDRA K. MASSE THE UNITED STATES OF AMERICA No. 10-5884 CIVIL TERM C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Notice is given that a Judgment in the above captioned matter has been entered against you on By: _ ? Ro If you have any questions concerning this matter please contact: ? 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 ? J ith T. Romano, Esq., Id. No. 58745 Vheetal R. Shah-Jani, Esq., Id. No. 81760 Lfj 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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. ** 249332 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-5884 CIVIL TERM KENNETH S. COLMAN CUMBERLAND COUNTY SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 DATE OF NOTICE: June 8, 2011 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, 5WWMCE I NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 249332 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 el- By: up-v -' !/ Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 11:1111t?Wj PA 19 1 &1 PHS 4 249332 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 10-5884 CIVIL TERM KENNETH S. COLMAN CUMBERLAND COUNTY SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 DATE OF NOTICE: June 8, 2011 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 TIES CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 11"PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 249332 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 / William E. Miller, Esq., Id. No. 30895 J/ Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 PHS # 249332 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOIO-5884 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 KENNETH S. COLMAN AND SANDRA K. MASSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $174,180.27 L.L.: - A $6 Interest from 6/23/2011 to Date of Sale ($29.03 per diem) - P, S18-71 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $247.50 Other Costs: Plaintiff Paid: Date: 12112011 David D. B dell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, 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. 80193 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff v KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/23/2011 to Date of Sale ($29.03 per diem) TOTAL Note: Please attach description of prope rty• PHS # 249332 se Cod- P 34Y• ou - it "- ' /0. au - S. v u COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 10-5884 CIVIL TERM CUMBERLAND COUNTY $174,180.27 $7,518.77 04 769Q? . rria • e.d /toQ Z 8 y p Q'Y L is -SCL Phe n & Schmieg, LLP Robert W. usick, Esq., Id. No.80193 Attorney for Plaintiff -V:3 - --? rn Fq ? ? C-') ter: yam' ? °rn t? c -- rT rv ?•' 141.66 4. SD_ ? N ? O o ift O - C ' 3 W O? U p ?U 'Z d? d O F+ 1 Da d Wo ? OV O U ?H U w? o? 0 3W r 7 M O ao w? x '3 ??d LEGAL DESCRIPTION All that certain piece or parcel of land situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern Right-of-way line of Nottingham Drive at the common front property corner of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of Lots; thence along said right-of-way North 08 degrees 01 minutes 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. i 1-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minutes 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-13; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cum berland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. The within conveyance is UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and as shown on the aforementioned plan. Title to Said Premises vested in Kenneth S. Colman, a single person, and Sandra K. Masse, single person, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Fine Line Homes, Inc., a Pennsylvania Corporation, dated, Recorded 05/11/014, in Book 262, Page 4727, Instrument #2004-017824. PREMISES BEING: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 PARCEL NO. 38-19-1621-232 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5884 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff C = k :Z M 'C Cn Cs -27 n. sv WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION ' V. NO.: 10-5884 CIVIL TERM KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) CUMBERLAND COUNTY PHS # 249332 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 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably y ascertained, please so indicate) GHAM DRIVE 00 ? ' ."n " n ? --- .. KENNETH S. COLMAN 54 NOTTI C ) ,J MECHANICSBURG, PA 17050-2644 c/? T 1 C:] SANDRA K. MASSE 54 NOTTINGHAM DRIVE ` MECHANICSBURG, PA 17050-2644 `w ;- Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) The Secretary of Housing and Urban 451 SEVENTH STREET SOUTHWEST Development WASHINGTON, DC 20410 The Secretary of Housing and Urban PO BOX 27670 Development C/O FIRST AMERICAN TITLE SANTA ANA, CA 92799 (LMTS) The Secretary of Housing and Urban 3476 STATEVIEW BLVD, Development C/O JARVIS JENKINS C/O MAC #X7801-03K WELLS FARGO HOME MORTGAGE FORT MILL, SC 29715 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. 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 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities Date: By Phelan Hallina & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-5884 CIVIL TERM KENNETH S. COLMAN SANDRA K. MASSE CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: KENNETH S. COLMAN SANDRA K. MASSE ` :'" A 54 NOTTINGHAM DRIVE ?- ` -? ' "' --g MECHANICSBURG, PA 17050-2644 "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 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $174,180.27 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 Sheriffs 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. 10-5884 CIVIL TERM WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN SANDRA K. MASSE owner(s) of property situate in Silver Spring Township, Cumberland County, Pennsylvania, being (Municipality) 54 NOTTINGHAM DRIVE. MECHANICSBURG, PA 17050-2644 Parcel No. 38-19-1621-232 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $174,180.27 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION All that certain piece or parcel of land situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern Right-of-way line of Nottingham Drive at the common front property corner of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of Lots; thence along said right-of-way North 08 degrees 01 minutes 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minutes 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-13; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cum berland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. The within conveyance is UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and as shown on the aforementioned plan. Title to Said Premises vested in Kenneth S. Colman, a single person, and Sandra K. Masse, single person, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Fine Line Homes, Inc., a Pennsylvania Corporation, dated, Recorded 05/11/014, in Book 262, Page 4727, Instrument #2004-017824. PREMISES BEING: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 PARCEL NO. 38-19-1621-232 t 1, t PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP ?tr" for Plaintiff Andrew J. Marley, Esq., Id. No.312314 2012 FEB 13 A? 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-5884 CIVIL TERM THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) 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 he Exhibit "A". A w J. Marley, Esquire Attorney for Plaintiff 2 le Date: p2© IMPOR AN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 249332 WELLS FARGO BANK, N.A. . Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) NO.: 10-5884 CIVIL TERM CUMBERLAND COUNTY PHS # 249332 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) KENNETH S. COLMAN SANDRA K. MASSE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) The Secretary of Housing and Urban 451 SEVENTH STREET SOUTHWEST Development WASHINGTON, DC 20410 The Secretary of Housing and Urban PO BOX 27670 Development SANTA ANA, CA 92799 C/O FIRST AMERICAN TITLE (LMTS) The Secretary of Housing and Urban 3476 STATEVIEW BLVD, Development MAC #X7801-03K C/O JARVIS JENKINS FORT MILL, SC 29715 C/O WELLS FARGO HOME MORTGAGE 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) Silver Spring Township Authority 31 E Main Street P.O Box 1001 New Kingstown, PA 17072-1001 Silver Spring Township Authority C/o Kimberly A. Bonner, Esquire C/o Scott A. Dietterick, Esquire James, Smith, Dietterick & Connelly, L.L.P. P.O. BOX 650 HERSHEY, PA 17033 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 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 authugeffles,. Date: a « By: Phelafi Hallinan & Schmieg, LLP drew J. Marley, Esq., d. No.312314 Attorney for Plaintiff 13. 0 aVi B -? GG x? IH s a?..? ZW a r? < app ° p w v d L?? m. 03> W p > o o O Wrr? 4 O Zv?Ma;z tzUU?,a W C '? a b w •-? N M ? ?!1 ?Q C- 00 O?' O :.a? z¢O v O .n vs 'g- w es Ci g x y?y `? C Y p&7 _ ? Lf W N °= Q T ? ? G v3 N N ? ? o d g? M ? +? 'S G CL O M 4 W ? F ? A b Q a ? w a W ?o 'C •?' ..r .L .O L O 4 c Q L W? 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F dWo ;; 0 7 v? , u?? W Q ?d wo idr F? °'rn y Dr W?d u9 G, Lt i3 u a o 3u ?' E k 7 o oa r s ad O ti. e.7 7 a =o O.° w?! ? a H da ?yv a Q Wz . w p Q F" ?rnv, ? 0oa F a A W A 3 u E EZT cA E to 6 E a L L. ?g? g °° Ad 4) L. o ` z? z w F?? O aa Fa F? r r0 F FLr n vi and ?e: Nx e a a AU?U o u0 a UAa:x y +• ?°a fnfn 00 ??wN oG ' .+ v v F., e + . rx ? s ? ? •r * ? •k ? ?c O T G nr N M v 1n ?o r go O\ PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. rrl Ca -n --c -ri rn M M-- ? J . -CU r -` c C-, . E-- f U; ra C7 , f b ? _ c: ca CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION KENNETH S. COLMAN NO. 10-5884 CIVIL TERM SANDRA K. MASSE Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, SANDRA K. MASSE, by certified mail and regular mail to SANDRA K. MASSE at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 and posting 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 6, 2012. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, SANDRA K. MASSE, with the Notice of Sale at the mortgaged premises, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the property is vacant. Attempts to serve Defendant, SANDRA K. MASSE, with the Notice of Sale at 1 W. MAIN STREET, MECHANICSBURG, PA 17055-6230, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at the said address. 4.. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of February 10, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 10, 2012 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs February 10, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit 11C11 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, SANDRA K. MASSE, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to SANDRA K. MASSE at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 and posting 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 and by publication. Phelan Halli ieg, LLP DATE: By Allison F. W squire --Attarney for Plain iff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5884 CIVIL TERM Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, SANDRA K. MASSE, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to SANDRA K. MASSE at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050- 2644 and posting 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Ha & SrKnieg, LLP DATE: Allison F. Wel Esquire ornev or amtiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. KENNETH S. COLMAN SANDRA K. MASSE Defendants CIVIL DIVISION NO. 10-5884 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 Phelan Hallinan & Schmieg, LLP DATE: ?? Alrison s, Esquire Cc: KENNETH S. COLMAN EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 249332 DEFENDANT SERVICE TEAM/ Ixh KENNETH S. COLMAN COURT NO.: 10-5884 CIVIL TERM SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE SANDRA K. MASSE AT: 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050.2644 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: March 7, 2012 SERVED Served and made known to SANDRA K. MASSE, Defendant on the _ day of _, 20 ____, at o'clock _. M., in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height ______ Weight __ Race ...._.... _......... Sex ___............ Other 1, ____ a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made sulject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TTI'LE: NOT SERVED On the ?? . day of ft, 2(L1 t, at?`/ /o'clock EM., Defendant NOT FOUND because: Vacant Does Not Exist _ Moved .^ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is rnade subject to the penalties of 18 Pa. C,S, Sec. 4904 relating to unsworn falsification to, csj BY: PRINTED NAME: 77TO 4''101 ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq,, Id. No. 69849 Judith T. Romano, Esq., Id. No. 58 745 Sheetal R. Shah-Jani, Esq., Id. No. 91760 Jenine R. Davey, Esq., Id. No. 6707? Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., lo'. No. 66657 Andrew L. Spivack, Esq., Id. No, 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., ld. No. 308951 AFFIDAVIT OF SERVICE PLAINTITF CUMBERLAND COUNTY WELLS 1'ARGO BANK, N.A. PHS # 249332 DEFENDANT SERVICE TEAM/ lxh KENNETH S. COLMAN COURT NO.: 10-5884 CIVIL TERM SANDRA. K. MASSE THE UNITED STATES OF AMERICA ('/O THE UNITED STATES A'T'TORNEY FOR THE MIDDLE DISTRICT OF PA SERVE SANDRA K. MASSE AT: 1 W MAIN ST MECHANICSBURG, PA 17055-6230 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 7, 2012 SERVED Served and made known to SANDRA K. MASSE, Defendant on the _ day of , 20 at o'clock _. M., at in the manner described below: - Defendant personally served. _____ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manr.ger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. -_-Other--- - Description: Age _......_.___.... height Weight Race -_ Sex Other 11 ,_. ____ _ • a competent adult, hereby verify that I personally handed a true and corrcct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: 'TITLE: NOT SERVED On the _ I?°day of 201 ; at 335 o'clock ?. M., Defendant NCYI FOUND because: _ Vacant - Does Not Exist Moved 'ADoes Not Reside (Not Vacant) No Answer on at Service Refused Other: at 1 unrlcQ,t;tCtcI that this statement is madh; subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn taisiticiiir?n r authoritiesic-i ltct BY: PRINTED NAME: fl_L <=-- ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq.. Id. No. 62695 Danict G. Schrnieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judilh T. Romanic, Esq., Id. No. 58745 Sheewl R. S1:ah-Jani, l sq., Id. No. 81760 Jetune R. Davey, Esq., Td. No. 87077 Lauren R.'T'abas, Fsq- Id, No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalantc P. Fliakos, Esq., Id. No. 94620 JOSIwa 1. Goldman, Esc„ Id. No. 205047 Courwnay R. Dunn, Esq., Id. No. 206779 Allison 1'. Wells, Ew- Id. No. 309519 William E. Miller, Esq., Id, No. 108951 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 249332 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Kenneth S. Colman & Sandra K. Masse Property Address: 54 Nottingham Drive, Mechanicsburg, PA 17050 Possible Mailing Address: 426 Fig Street, Apartment 1, Scranton, PA 18505 (Sandra K. Masse) 1 West Main Street, Mechanicsburg, PA 17055 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kenneth S. Colman - xxx-xx-9588 Sandra K. Masse - xxx-xx-5243 B. EMPLOYMENT SEARCH Kenneth S. Colman & Sandra K. Masse - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Kenneth S. Colman reside(s) at: 54 Nottingham Drive, Mechanicsburg, PA 17050 & Sandra K. Masse reside(s) at: 1 West Main Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH 0u r office searched directory assistance databases, which indicated that Sandra K. Masse reside(s) at: 426 Fig Street, Apartment 1, Scranton, PA '18505 & 1 West Mani Street, Mechanicsburg, PA 17055, which is an Apartment Complex, however had no listing for Kenneth S. Colman. On 12-27-11 our office made several telephone calls to the subject's phone number (717) 766-2412 and received the following information: answering machine. 3. On 12-27-11 our office made several telephone calls to a possible phone number of the subject(s) (570) 348-0901 and received the following information: no answer. Ill. INQUIRY OF NEIGHBORS On 12-27-11 our office made several phone calls in an attempt to contact Linda 1. Darhower (717) 766-171.6, 51 Nottingham Drive, Mechanicsburg, PA 17050: answering machine. On 12-27-11 our office made several phone calls in an attempt to contact Michael L. Bruner (717) 458-5294,55 Nottingham Drive, Mechanicsburg, PA 17050: no answer. On 12-27-11 our office made several phone calls in an attempt to contact Jeffrey A. Holtz (717) 697-4434,58 Nottingham Drive, Mechanicsburg, PA 17050: answering machine. On 12-27-11 our office made a phone call in an attempt to contact Sergio Garibay (570) 343- 1569, 421 Fig Street, Scranton, PA 18505: disconnected. On 12-27-11 our office made several phone calls in an attempt to contact Dottie 7. Kendricks (570) 341-3643, 428 Fig Street, Scranton, PA 18505: no answer. On 12-27-11 our office made a phone call in an attempt to contact Tina Lalley (570) 344-7726, 430 Fig Street, Scranton, PA 18505: spoke with an unidentified female who could not confirm that the subjects reside(s) at: 426 Fig Street, Apartment 1, Scranton, PA 18505. On 12-27-11 our office made a phone call in an attempt to contact Kathy Gussler (717) 243- 6524, 7 West Main Street, Mechanicsburg, PA 17055: disconnected. On 12-27-11 our office made several phone calls in an attempt to contact Dean E. Pifer (717) 766-0461, 9 West Main Street, Mechanicsburg, PA 17055: answering machine. On 12-27-1-1 our office made a phone call in an attempt to contact Timothy J. Peirce (717) 796- 1586,11 West Main Street, Mechanicsburg, PA 17055: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1 West Main Street, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-27-11 we reviewed the National Address database and found the following information: Kenneth S. Colman -- 426 Fig Street, Apartment 1, Scranton, PA 18505 & Sandra K. Masse -1 West Main Street, Mechanicsburg, PA 17055. I3. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 426 Fig Street, Apartment 1, Scranton, PA "18505 & (Sandra K. Masse)1 West Main Street, Mechanicsburg, PA 17055 V. OTHER INQUIRIES A.. DEATH RECORDS As of 12-27-11 Vital Records and all public databases have no death record on file for Kenneth S. Colman & Sandra K. Masse. VI. ADDITIONAL INFORMATION OF SUBJECT .A.. YEAR OF BIRTH Kenneth S. Colman -1975 Sandra K. Masse - 1975 !3. A.K.A. Sandra S. Masse; Sandra K. Shoemaker * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true: and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. J 1. u1' v t../ Fhe above information is obtained front avaiiablo public records and we are only liable for the cost of the affidavit. EXHIBIT "C" r N W W N r baz ?p J O? t/? A W N <o' ° N N N N rr ?+ •+ r r r r r-. ?? ? Q, Ut A W N r N C/? LY d m W N ? + O ?O 00 J N CD CD N3 =1 a C a io o- c ? .z . ? o f1 N x % C r'1 A Z O N A 70 n f odf D d aay -?? xw a w CD o. n T ° 2 . (A eo a 3 A ? ? n ? o" ?D m '0 7 r'1 e A O ? Q r? a x ?p x ? n n , 7 N N o o. ? w A rn N 3? 7 0 W m '"''o vs o c g c s O rn O ? A _ y ' ° w c ? N ? R G V ? n ? F c w m ?+ 3 M 0 F O 0 + ^ I. sa m. Y ? O B X ' w ? 3 i ? m n n $ D 1 59° . WILED POP4 ZIP FT CD o» ? ? ? ? ?? I I? I I I I l l I I I I Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily. hainey@fedphe.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey February 10, 2012 SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 RE; WELLS FARGO BANK, N.A. v. KENNETH S. COLMAN and SANDRA K. MASSE Premises Address: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 CUMBERLAND County, No. 10-5884 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by FEBRUARY 17, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very! truly yours, U LY 11'A] NEN, Legal Assistant fc}r Phehin, Hallinan & Schmieg LLP 249332 01 ---'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE Defendants ORDER CIVIL DIVISION NO. 10-5884 CIVIL TERM AND NOW, this 20 day of M Lrt? , 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SANDRA K. MASSE by: REGULAR MAIL TO, SANDRA K. MASSE at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 CERTIFIED MAIL TO, SANDRA K. MASSE at, 54 NOTTINGHAM / DRIVE, MECHANICSBURG, PA 17050-2644 POSTING 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 ./ PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: y r`? `3 -71 PHS # 249332 =M /CC PHELAN HALLINAN & SCHMIEG, LLP "G ? r--.- N L:a 1617 JFK Boulevard, Suite 1400 ` Philadelphia, PA 19103 = v .. r? v _.{ / co nu led 3 KENNH S. ,COLMA?N? SANDRA K. MASSE , 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ri liMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5884 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to KENNETH S. COLMAN on 1/19/2012 at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 in accordance with the Order of Court dated 3/24/2011. The property was posted on 1/28/2012. Publication was advertised in THE SENTINEL onl/20/2012 & in CUMBERLAND LAW JOURNAL on 1/27/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unworn falsification to authorities. DATE: & SeWeg, LLP By: 1,61 ? L e helan, Esq., Id. No. 32227 ? Franc's S. linan, Esq., Id. No. 62695 ? Danie . chmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 ATTORNEY FOR PLAINTIFF .IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Civil Division VS. No. 2010-5884 KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ORDER AND NOW, this &q44 day of M&Ob , 2011, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, KENNETH S. COLMAN, by: 1. Posting of the premises: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to KENNETH S. COLMAN at the mortgaged premises located at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: J. Cc: KENNETH S. COLMAN and SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 KENNETH S. COLMAN PHS# 249332 / KRH 2 ? o ?? oy ^? o w oo v ? ? 'A r ? '+ ? ? c,o W N ?° ? y d j co? a[ ?? z A nz z ?-? , e z a CL 10 ro?ti ?zx CA a J nx l o rA lz = * mac y ? ?m r C W coo ?' C O ] ryy?i A y 0 Q r.?y C 5 00 ^J pTNfY BO YJES • 02 1M $ 01.26° . 0004277256 JAN19 2012 MAILED FROM ZIP CODE 19 10 3 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 249332 DEFENDANT SERVICE TEAM/ lxh KENNETH S. COLMAN COURT NO.: 10-5884 CIVIL TERM SANDRA K. MASSE THE UNITED STATES OF AMERICA GO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE KENNETH S. COLMAN AT: TYPE OF ACTION 54 NOTTINGHAM DRIVE XX Notice of Sheriff's Sale MECHANICSBURG, PA 17050-2644 SALE DATE: March 7, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to KENNETH S. COLMAN, Defendant on the 2`"day of U? , 20 at 2? J2, y, o'clock A. M., at 64 AA51-tiModw t E- , in the manner described below: - Defendant personally served. E.644M?-S 'gullb, , - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. -V Other: Description: Age II Height Weight Race Sex Other I, l b (u0 u,, a competent adult, hereby verify that I personally l a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to th alties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?'+_? NAME: PRINTED NAME: z e?4L b / " ''6 14L TITLE: p-d ckS5 NOT SERVED On the day of , 20-, at - o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 v r,rne. F,.., M AT? anQo,i PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): January 20, 2012 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMP ON PLEAS OF CUW99RLAND COUNTY, PENNSYLVANIA NO. 2010-5884 WELLS FARGO BANK, N.A. vs. KENNETH'S. COLMAN & SANDRA K. MASSE NOTICE TO: KENNETH S. COLMAN NOTICE OF SH4ERIFFIS SALE OF REAL PROPERTY" Being Premises: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 170W26" Being In SILVER SPRING Township,' County of CUMBERLAND Commonwealth of Pennsylvania PARCEL NO. 38-19-1621-232 Improvements consist of residential property. Sold as the property of KENNETH S. COLMAN & SANDRA K. MASSE Your house (real estate) at H NOTTINGHAM DRIVE. d he Shv als on @IPa, P9 is scheduled to be sold at t riff s ale on Z Z=al 4' AM, at the CUMBERLAND Cou Courthouse to enforce the Court Judgment of $W.180 27 obtained by, FARGO BANK. A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are Sworn to and subscribed before me this Notary Public My commission expires: 'vGT lAL SEP.L BAMBI ANN KOKENDORN Notary Public 'ARL7SLE BGROUGH, CUMBERLAND CNTY r n l?;sion Exp!•es Jar 2014 k,,-,- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz January 27, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?/ sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 27 day of January Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 w f T t CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 2010-5884 WELLS FARGO BANK, N.A. vs. KENNETH S. COLMAN & SANDRA K. MASSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: KENNETH S. COLMAN Being Premises: 54 NOTTING- HAM DRIVE, MECHANICSBURG, PA 17050-2644. Being in SILVER SPRING Town- ship, County of CUMBERLAND, Commonwealth of Pennsylvania. PARCEL NO. 38-19-1621-232. Improvements consist of residen- tial property. Sold as the property of KENNETH S. COLMAN & SANDRA K. MASSE. Your house (real estate) at 54 NOTTINGHAM DRIVE, MECHANICS- BURG, PA 17050-2644 is scheduled to be sold at the Sheriff's Sale on MARCH 7, 2012 at 10:00 A. M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $174,180.27 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Jan. 27 12 Ff; I 1 ? L,. Y ;_ r I 1 f : 1~i -+ ,3 uu,P i r'=A,1%.S : LV ,N I ^A Phelan Hallman & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County KENNETH S. COLMAN SANDRA K. MASSE No.: 10-5884 CIVIL TERM THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 14, 2010. 2. Judgment was entered on June 27, 2011 in the amount of S174,180.27. 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 249332 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 June 6, 2012. 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 $155,954.09 Interest Through June 6, 2012 $25,618.33 Per Diem $30.98 Late Charges $425.16 Legal fees $2,050.00 Cost of Suit and Title $1,881.72 Property Inspections `6467.50 Property Preservation $795.00 Mortgage Insurance Premium/ Private Mortgage Insurance $57.89 Escrow Deficit $3,853.93 TOTAL $191,103.62 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. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 March 22, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 249332 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Dana &stvbvsky, Esquire ATTORNEY FOR PLAINTIFF 249332 Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KENNETH S. COLMAN SANDRA K.. MASSE THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5884 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KENNETH S. COLMAN and SANDRA K. MASSE 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 54 NOTTINGHAM DRIVE, MECHANIC:SBURG, PA 17050-2644. 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. 249332 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp V. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the 249332 judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 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 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). 249332 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 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding. Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and 249332 reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attomev's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1 144 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 249332 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 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. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. 249332 When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. 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. 249332 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1- ?l L Phelan Hallinan & Schmieg, LLP By: Dana sEsquire Attorney for Plaintiff 249332 Exhibit "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 C? Jenine R. Davey, Esq., Id. No. 87077 vii ?? rev -0 r Lauren R. Tabas, Esq., Id. No. 93337 _ Q w ? Vivek Srivastava, Esq., Id. No. 202331 Z ?• Jay B. Jones, Esq., Id. No. 86657 == ? -3 C -3 Peter J. Mulcahy, Esq., Id. No. 61791 D U0 = Andrew L. Spivack, Esq., Id. No. 84439 , Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ?.r t Allison F.. Wells, Esq., Id. No. 309519 . William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 '" - One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KENNETH S. COLMAN CIVIL DIVISION SANDRA K. MASSE - r THE UNITED STATES OF : No. 10-5884 CIVIL TERM CIO THE UNITED STATES AInT FOR THE MIDDLE DISTRICT OF PA ` . PRAECIPE FOR IN REM JUYAdMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH S. COLMAN and SANDRA K. MASSE, 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: 249332 As set forth in Complaint $164,695.24 Interest - 08/25/2010 to 06/22/2011 $9,485.03. TOTAL $174,180.27 I hereby certify that (1) the Defendants' last known address is 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644, and (2) notice has been gi en in accordance with Rule Pa.R.C.P 237.1. Date U r3 wrence T. heIan, q., Id. No. 32227 OF cis S. Hallinan, q., Id. No. 62695 el G. Sthmieg, Esq., Id. No. 62205 hele M. adford, Esq., Id. No. 69849 ©Ju tb 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 E 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 [l Chrisovalante P. Fliakos, Esq., Id. No. 94620 Q Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brainblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Q William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -.1-7 (( PHS 4 249332 PROTHONOTARY 249332 Exhibit ??B" 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 March 22, 2012 KENNETH S. COLMAN SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 KENNETH S. COLMAN 124 MOBILE GARDEN PLACE ROARING BROOK TWP, PA 18436-7002 SANDRA K. MASSE I W MAIN ST MECI-LANICSBURG, PA 17055-6230 RE: WELLS FARGO BANK, N.A. v. KENNE'T'H S. COLMAN, SANDRA K. MASSE and THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-5884 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 March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me, Otherwise, please be guided accordingly. Very trul qt rs. I)nC. <<r oky, Esquire Attorney laintiff Enclosure 249332 Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5884 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KENNETH S. COLMAN SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 KENNETH S. COLMAN 124 MOBILE GARDEN PLACE ROARING BROOK TWP, PA 18436-7002 SANDRA K. MASSE 1 W MAIN ST MECHANICSBURG, PA 17055-6230 Phelan j Schmieg, LLP DATE: Z By: Dana Esquire ATTR PLAINTIFF 249332 WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. KENNETH S. COLMAN, SANDRA K. MASSE, THE UNITED STATE OF AMERICA C/O THE UNITED STATES ATTORNEY: FOR THE MIDDLE DISTRICT OF PA : DEFENDANTS : NO. 10-5884 CIVIL ORDER OF COURT AND NOW, this 3`d day of April, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before April 24, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. / Dana Ostrovsky, Esquire Attorney for Plaintiff Kenneth S. Colman 1 Sandra K. Masse Defendants cc , e,? rta.l ed 4/-3// a By the Court, M. L. Ebert, Jr., J. fix w bas r*& IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County KENNETH S. COLMAN SANDRA K. MASSE No.: 10-5884 CIVIL TERM THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ORDER AND NOW, this day of tray , 2012, 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 Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $155,954.09 r-) 3 618.3 $25 Interest Through June 6, 2012 3 , - Per Diem $30.98 MW ? 1 (9j $425 =r. -?? j €M r- Late Charges . $2,050.0'b rT Legal fees Cost of Suit and Title $1,881.7- -t, Property Inspections $467.5 c-) ( :x ) t ` Property Preservation $795.05 " ?Y> Mortgage Insurance Premium/ Private Mortgage Insurance $57.89 rv Escrow Deficit $3,853.93 TOTAL $191,103.62 Plus interest from June 6, 2012 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. ? e'.. rf'4 S. (o /wua n ?ICehiieA S CcIew 0A,lZ -541/J,a k M a-W- ? A11.5on r tx?ells. exp'es yia"lyd S///o BY THE COURT: 1??°cSS? J. 249332 FFICE , 1 s° - RCTHONOTAR Y PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 23 UL25 AM 10:48 "jIMBERLANO COUNTY ? ENNSYL`1ANIA WELLS FARGO BANK, N.A. Plaintiff VS. KENNETH S. COLMAN SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CUMBERLAND COUNTY COURT OF COMMON PLI CIVIL DIVISION NO. 10-5884 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, K. MASSE on MARCH 20, 2012 at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 in accordance with the Order of Court dated MARCH 2, 2012. The property was posted on MARCH 22, 2012. Publication was advertised in THE SENTINEL on MARCH 22, 12 & in THE CUMBERLAND LAW JOURNAL on MARCH 30, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phe an & Schmieg, LLP By: Ma hew w d, Esquire Attorney for intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. KENNETH S. COLMAN SANDRA K. MASSE Defendants AND NOW, this CIVIL DIVISION NO. 10-5884 CIVIL TERM ORDER 241 day of K iL r f,? , 2012, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SANDRA K. MASSE by: REGULAR MAIL TO, SANDRA K. MASSE at, 54 NOTTINGH/ DRIVE, MECHANICSBURG, PA 17050-2644 CERTIFIED MAIL TO, SANDRA K. MASSE at, 54 NOTTINGH DRIVE, MECHANICSBURG, PA 17050-2644 POSTING 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 / J PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: 1 - c, c 3 00 ? ^ ? { -? PHS # 249332 xM -C ? N U ?CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 ?:--'L > 1 227 Philadelphia, PA 19103 j (?d Co a =° ^ / . , py m MASSE SANDRA K COLMAN KENNETH S . , . 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 I rOr? V/ l 1 O ?.I 1 z " N ? O ?o Oo J W N C c O c M D C ?p B C? iF iF iF -0F iF M iF 'M' iF 9F * it ? ? iF dF iF 1F iF N M ,?, 'IF iF Ay z B N Z a Q ? t4j n fD > ? o o R ? o N A CD a ^?1 H ? y i 0 C o' ao ?SV;yE$ POST o AGE TF ? d Z rN l, ? ??XavD PII NfY Bf)Wf'- 7 02 ,M $ 01.59° O `• Crj 000 4277256 MAP 20 27` ' ' 9' : . MAILED FROM ZIP CODE by 1Nd o' >y wag e A ? y o 11 b Q Q, o W= A A O O b r z a r r z z n x 7178 2417 6099 0095 4032 NPE / 249332 RESTRICTED DELIVERY SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - Track & Confirm Page i of 1 English customer Service LISPS Mobile uses com* Register ! Sign In Search USPS.com or Track Packages Shop Business Solutions YOUR LABEL NUMBER SERVICE S1'A'I"US OF YOUR ITEM DATE 8'TIME LOCATION I'EATURES I, 71782417609900954032 First-Class Made Delivered April 02, 2012, 2:06 pm PHILADELPHIA, PA 19103 Expected Delivery By? Track & Confirm .. ... 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Mal; Service Updates Inspector General' No -EAR Act EE0 Data • Customer Service - Forms 8 Publications Postal Explorer Sate Index ; Careers Copyrigh ? 2012 USPS. All Rights Reserved https:lltools.usps. comlgolTrackConfirmAction.action?tLabels=71782417609900954032 12 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 249332 DEFENDANT SERVICE TEAM/ lxh KENNETH S. COLMAN COURT NO.: 10-5884 CIVIL TERM SANDRA K. MASSE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE SANDRA K. MASSE AT: TYPE OF ACTION 54 NOTTINGHAM DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-2644 SALE DATE: June 6, 2012 PLEASE POST TO PREMISES PER COURT ORDER SERVED M+ ^, Served and made known to SANDRA K. MASSE, Defendant on the P day of A 20 at moo, o'clock p. M., at S Nomm i o l: in the manner described below: - Defendant personally served. P-C0,N158?Ra J - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: N q IJ T-D P"WISES Description: Age I- Height Weight Race Sex a??Otthher I, 'R ONA-L-a A u- , a competent adult, hereby verify that I personally-hM a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: ?-- TITLE: P4cf--gs NOT SERVED On the day of , 20_, at - o'clock _. M., Defendant NOT FOUND because: _ Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 0 l ? I 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 an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesai d, 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 regularl issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 30, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 30 day of March, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 I J CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-5884 CIVIL TERM WELLS FARGO BANK, N.A. VS. KENNETH S. COLMAN, SANDRA K. MASSE and THE UNITED STATES OF AMERICA c/o THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA NOTICE TO: SANDRA K. MASSE Being Premises: 54 NOTTING- HAM DRIVE, MECHANICSBURG, PA 17050-2644. Being in Silver Spring Township, County of CUMBERLAND, Com- monwealth of Pennsylvania, 38-19- 1621-232. Improvements consist of residen- tial property. Sold as the property of KENNETH S. COLMAN, SANDRA K. MASSE and THE UNITED STATES OF AMERICA c/o THE UNITED STATES ATTOR- NEY FOR THE MIDDLE DISTRICT OF PA. Your house (real estate) at 54 NOTTINGHAM DRIVE, MECHANICS- BURG, PA 17050-2644 is scheduled to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $174,180.27 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above prem- ises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Mar. 30 W % PROOF OF PUBLICATION State of PeiinsvIvan la, (`aunt' cif ( unlhel-IJ!' t Xi, l\ -?a.e -Director, of Th( Sentinel, of the s..tulnfv an(1 'Ito] uly 1-- -- ?'r? 3ef?()ses ?Int{ says that 7E(I SENhINEI_ a ner??p(lpcr 0 neral ci!? i. o- i, the t 1 ?li:f ,, w (_ ;,rlislk, Count,' and State aforesaid, k-talhl.sh,,_1 Dei.ellfl, , ; 411? i. n e uc it dm( I IIE SENTINEL has been regul,irk l.ss.aed if , c Id ( our-! the ltt'l notl('C w puhhcatfon attt,ChCd hereto is e ,, ? Iv the -m-II(, 'i5 o, rl?, I'i' I t.', L-Ill-.1 -d -n f°le rt,;;ular editions and issijes tit {',:'; ?Af IV-1_ o,i the fol]owin (iavfs): rrC'1 w? 201 ( OP`r' I )E \OTECE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL PENNSYLVANIA NO. 10-5884 WELLS FARGO BANK, N.A Vs. KENNETH AMERICA C/O HE UN TED STATES ATTORNEY FOR THE MIDD'?E DISTRICT OF PA NOTICE TO: SANDRA K. MASSE Being Premises: 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 Being in Silver Spring Township, County of CUMBERLAND, Commonweal, of Pennsylvania, 38-19-1621-232 Improvements consist of residential property. Sold UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Your house (real estate) at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-2644 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse 27 'ourt Judmen of $174 obtained by, WE L S FARGO BANK, N.A. (the mortgagee), against the above premises PHELAN HALLINAN & SCHMIEG. LLP Attorney for Plaintiff Afti"Ilt fLn-t^-1e, (ik'f csc, that ultelesf.,'d n thc -Ld ject nlatf, l aforesald I1(1'.lc(, (`r 1 ?ver tise'li= '111 ?lrle???1t1oE?? lit the tor(-of?i,: to time, III,)( " ail(' 1 1 "11,11cL r a 1-t.' 1 I' L1 t' lst i 1 that 1`?f ?lti ix?Il 'Ikf, 0' Il f(i ail i-1 >Llhs+'f b('(t 1)k'" a 4 f , it -1 r ?l?' Ci>Ill!111!;clhn L"•, I'("t`5: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr outta of ~ a,r~brc/,~~d :~ ;~~; U~Fi E ' w„ $~kRIF~ ~,_ ,, .~ a ~ ~r i. u`!2 Atli 14 PM 12~ 3 Wells Fargo Bank, NA vs. Kenneth S. Colman (et al.) Case Number 2010-5884 SHERIFF'S RETURN OF SERVICE 12/29/2011 08:40 PM -Deputy Gerald Worthington, being duly sworn according to law, states service was perform by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled act upon the property located at 54 Nottingham Drive, Mechanicsburg, Cumberland County, PA 17050. 12/29/2011 08:45 PM -Deputy Gerald Worthington, being duly sworn according to law, attempted service to the Defendant, to wit: Kenneth S. Colman at 54 Nottingham Drive, Silver Spring Township, Mechanicsburg PA 17050. The address was found to be vacant. Per the Mechanicsburg Postmaster defendant moved and left no forwarding address. Per the Mechanicsburg Postmaster, defendant moved and left no forwarding address. 12/29/2011 10:45 AM -Deputy Gerald Worthington, being duly sworn according to law, attempted service to the Defendant, to wit: Sandra K. Masse at 54 Nottingham Drive, Silver Spring Township, Mechanicsburg, F 17050. The address was found to be vacant. Per the Mechanicsburg Postmaster defendant moved anc left no forwarding address. 02/10/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/6/2012 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h~ been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:f AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Banff N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $790.69 SO ANSWERS, July 20, 2012 R ANDERSON, SHERIFF s'~ 00 pd--~° ~L s , S~ ~~ c~~ ~~G ~~~~g3; (c? GountySuite Sh~nff_ T'elACSOR. b,r.. WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff . • CIVIL DIVISION v. . NO.: 10-5884 CIVIL T RM KENNETH S. COLMAN SANDRA K. MASSE Defendant(s) CUMBERLAND COU TY PHS # 249332 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 for the Writ of Execution was filed, the following information concerning the real property located at 54 NOTTINGHAM I MECHANICSBURG, PA 17050-2644. Name and address of Owner(s) or reputed Owner(s): Name KENNETH S. COLMAN SANDRA K MASSE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 170511-2644 Address (if address cannot be reasonably ascertained, please so indicate) Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) The Secretary of Housing and Urban 451 SEVENTH STREET SOUTHWEST Development WASHINGTON, DC 20410 The Secretary of Housing and Urban PO BOX 27670 Development C/O FIRST AMERICAN TITLE SANTA ANA, CA 92799 (LMTS) ~ ~~~ sold: The Secretary of Housing and Urban 3476 STATEVIEW BLVD, Development C/O JARVIS JENKINS C!O MAC #X7801-03K WELLS FARGO HOME MORTGAGE FORT MILL, SC 29715 5. Name and adtkess 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 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 be affected by the sate: . Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 54 NOTTINGHAM DRIiVE MECHANICSBURG, PA 17050-2644 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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`s Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities-~ Date: ~\~ sy: Phelan HallinaYt & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff by the may WELLS FARGO BANK, N.A. COURT OF COMMON 1~LEAS Plaintiff CIVIL DIVISION vs. NO.: KENNETH S. COLMAN SANDRA K. MASSE CUMBERLAND Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KENNETH S. COLMAN SANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050-2644 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B CY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT Y ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050-26 is scheduled to be sold at the Sheriff's Sale on 03/07!2012 at 10:00 AM in the Cumberland County Court ouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $174,180.27 obtained by LLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcemen 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 reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7080 z12 a. i vii uiay ~ abler tv stop ui~ 3aie by filiirg a petit30n asking u~`?e Cifua tG 3trtke .?r open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca 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.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find ojut 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 to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope~y 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 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 f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d s after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with th 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO 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.10-5884 CIVIL TERM WELLS FARGO BANK, N.A. vs. KENNETH S. COLMAN SANDRA K. MASSE owner(s) of property situate in Silver Spring Township, Cumberland County, Pennsylvania, being (Municipality) 54 NOTTINGHAM DRIVE. MECHANICSBURG, PA 17050-2644 Parcel No. 38-19-1621-232 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $174,180.27 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION All that certain piece or parcel of land situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern Right-of-way line of Nottingham Drive at the common front prope corner of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of Lots; thence along said right-of-way North 08 degrees O1 minutes 3? seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees Ol minutes 37 secon East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-B; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman a Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cum berland County, Pennsylvania, in Plan Book 66, Pages I3I-A, B, C, D, and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland Coun , Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. The within conveyance is UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1 as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and as shown on the aforementioned plan. Title to Said Premises vested in Kenneth S. Colman, a single person, and Sandra K. Masse, single pe as joint tenants with the right of survivorship and not as tenants in common, by Deed from Fine Line Homes, Inc., a Pennsylvania Corporation, dated ,Recorded 05/11/014, in Book 262, Page 4727, Instrument #2004-017824. PREMISES BEING: 54 NOTTINGIHAM DRIVE, MECHANICSBURG, PA 17050-2644 PARCEL NO.38-19-1621-232 WRIT OF EXECUTION and/or ATTACHMENT COMNtONWEALTH OF PENNSYLVANIA) COUNTY OF CUIv,)BERLAND) NO10-5884 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 KENNETH S. COLMAN AND SANDRA K. MASSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $174,180.27 L.L.: t~'. 5D Interest from 6/23/2011 to Date of Sale ($29.03 per diem) i''Y~ Sl8 .~l~ Atty's Comm: % Due Prothy: $2.00 Atty Paid: $247.50 Plaintiff Paid: Date: 12!1/2011 (Seal) REQUESTING PARTY: Other Costs: Name: ROBERT W. CUSICK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JF'K BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORI In Testimony whereof, t here unto set my and the seal of said Co rt at Carlisle, Pa. This ____I__daY ~~ 201 Prothor ~,~~~ a. ~~ Supreme Court ID No. 80193 On December 14, 2011 the Sheriff levied upon the defendant's. interest in the real property. situated in Silver Spring Township, Cumberland County,. FA Known and numbered. as, 54 Nottingham Drive, Mechanicsburg,. more fu11y described on Exh>,~it "A" filed with this writ'and by this reference... incorporated herein. Date December 14, 2Q 11 By: Real Estate Coordinator ,:~:, ``~l CUMBERLAND LAW JOURNAL writ No. ~oiasss4 civil Term Wells Fargo Bank, N.A. vs. Kenneth S. Colman and Sandra K. Masse Atty.: Robert W. Cusik By virtue of a Writ of Execution NO. 10-5884 CIVIL TERM, WELLS FARGO BANK, N.A. vs. KENNETH S. COLMAN, SANDRA K. MASSE owner(s) of property situate in Sil- ver Spring Township, Cumberland County, Pennsylvania, being 54 NOTTINGHAM DRIVE, MECHANICS- BURG, PA 17050-2644. Parcel No. 38-19-1621-232. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $174,- 180.27. 30 i 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 anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl; 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, 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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, E itor SWORN TO AND SUBSCRIBED before me this 10 day of February. 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COMITY My Commiaaion Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA,17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~llepatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /27112 02/03/12 - 02/10/12 By vaAr~o ~;a ~tdBan NO. k¢ - $~ Sworn to and s~ibscribe fore ~ie th~ ay of February, 2012 A. D. WELIS FAR(30 B~1rfK;~t.~-. va - KII'II t~1~Q©I~AA1 `*, 1' ~' + q,~ Notary Public r~~~~ Sq IltiiiViE, COMMONWEALTH OF PENNSYLVANIA ~~M I'l09B~2~44 Notarial Seal Na 3&i9.3~1~ ~ Sheme L. Owens, Notary Public ( ~actRa:ot srMiNw1 , Lower Paxton Twp., Dauphin County AAU~d1Mew: Rii'i'IAI, l My Commission Expires Nov. 26, 2015 DWP~G, MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES JtJDGlr1EN'F AMO[3NT`.;1'14,180.27 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff s Deed in which Wells Fazio Bank, N.A. is the grantee the same having been sold to sai grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 1 da~ of December, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5884, at the suit of Wells Faz¢o Bank, N.A. against duly recorded as Instrument Number 201224628. is IN TESTIMONY WHEREOF, I have hereunto set m hand / ~: and seal of said office this ! ~ d y of A.D. ~D ~aZ (~ ~. ~ ~ ,~ \ of Re erdD~~ Pr- Ny cam,' ' tl~e FiM I~iandq- d 2D14