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HomeMy WebLinkAbout10-6029SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ; a`???r 4t 4?ca?drrr???6 Jody S Smith Chief Deputy y j 1>; Richard W Stewart Solicitor OFFICE OF -"E S-ERIFF Wells Fargo Bank, NA Case Number vs. Robert A. Hart (et al.) 2010-6029 SHERIFF'S RETURN OF SERVICE 09/22/2010 07:02 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2010 at 1902 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacy R. Hart, by making known unto herself personally, at 57 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. L-. AMANDA COBAUGH, PUTY 09/22/2010 07:02 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2010 at 1902 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert A. Hart, by making known unto Stacy R. Hart, Wife of defendant at 57 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the sa e. AMANDA COBAUGH, DE TY SHERIFF COST: $57.50 September 23, 2010 c? C) I- LL = V7 U ? x c": C ? SO ANSWERS, 4z RON R ANDERSON, SHERIFF (ci GountySuile Shenff. TeleOSCft , Inc. 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. STACY R. HART ROBERT A. HART Defendant(s) 20~OCCT -! P~~9 t~ 13 ~'U~9~'.RL~,t~'D CQUP~T1' ~~~ ~~~~~ S 1'LV,q ~'f A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6029-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 249884 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto e for Plaintiff ~'1 «~~,~s-~ By: ^ Law ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62245 ^ 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. 242331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date 9-29-10 PHS #: 249884 VERIFICATION James E Blue hereby states that he/she is Vice- President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~-~- Name: James E Blue DATE: September 21, 2 010 Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #:249884 Name: HART 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. STACY R. HART ROBERT A. HART Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6029-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: STACY R. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 PHS #: 249884 ROBERT A. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 Phelan Hallinan &Schmieg, LLP Atto e ~ or Plaintiff By: :. ~ U~~~~~~w~~ ^ 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: 9-29-10 PHS #: 249884 ~ ._i 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 ~heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ' Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ~~ ,~ Jaime McGuinness, Esq., Id. No. 90134 ~ ^, a ~"' 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 ~ o One Penn Center Plaza yc --_ ~~ Philadelphia, PA 19103 -~i ~~ 215-563-7000 `~ "~' ~ WELLS FARGO BANK, N.A. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS STAGY R. HART CIVIL DIVISION ROBERT A. HART No. 10-6029-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 STAGY R. HART and ROBERT A. HART, 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: ~ l~. Oo P ~ Am/ e~ 1oa.ay91 ~~ a 5ass9 ~o~~, ~ 249884 As set forth in Complaint $132,903.58 Interest - 09/01/2010 to 10/29/2010 $1,128.27 TOTAL $134,031.85 I hereby certify that (1) the Defendant's last known address is 57 WOODMYRE LANE, ENOLA, PA 17025-1552, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~-~, ^ Lawrence T. Phe Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 [~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE'-' DATE: //~/~/Q PHS # 249884 249884 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. STACY R. HART ROBERT A. HART Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6029-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STACY R. HART is over 18 years of age and resides at 57 WOODMYRE LANE, ENOLA, PA 17025-1552. 249884 (c) that defendant ROBERT A. HART is over 18 years of age and resides at 57 WOODMYRE LANE, ENOLA, PA 17025-1552. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,© ~~ ~~ ^~ ^ Lawrence T. Phel n, Es ., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 [i] Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 249884 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. vs. STAGY R. HART ROBERT A. HART CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6029-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ l,n 7~ By: 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 dith T. Romano, Esq., Id. No. 58745 [] Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 249884 WELLS FARGO BANK, N.A. v. Plaintiff STACY R. HART ROBERT A. HART Defendant(s) TO: ROBERT A. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 DATE OF NOTICE: October 13, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6029-CIVIL TERM CUMBERLAND COUNTY THIS FIIZM 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 U5ED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 249884 ._, CUMBERLAND COUNTY BAR t;ourthouse ASSOCIATION _.,use Square CUMBERLAND COUNTY COURTHOUSE trlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: L~a 'ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 249884 WELLS FARGO BANK, N.A. v. Plaintiff STACY R. HART ROBERT A. HART Defendant(s) TO: STACY R. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 DATE OF NOTICE: October 13, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6029-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTTING 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 M AY 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 # 249884 ~~ CUMBERLAND COUNTY BAR urthouse ASSOCIATION :,~ Square CUMBERLAND COUNTY COURTHOUSE ~rlisle, 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 249884 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-6029-CIVIL TERM STACY R. HART ROBERT A. HART Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/30/2010 to Date of Sale ($22.34 per diem) $134,031.85 $2,770.16 TOTAL :- Uj E-- :r_ Z U 0 X UQ Co b y Q>- 900: .__ Q CD4 $136,802.01 ten, -M ? In Attbfnty for Plaintiff ?. Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? niel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? S'heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 [] Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Note: Please attach description of property. PHS # 249884 9.-) oo He -'00 c? i9 z7 iI/, oo -? SV b a? a? fA d W) h ? h V1 t? o ? o 3 y ?Aa < FgC4 F3zo o3z d ?n?w a4?w w? O? la ? zw o? F F ?. a F? ra O gad A a N M C, C-4 00 N'pA$-4-t-r- r- tn ? M. O C1 t 00 6 O M N ?_ z N N O z O CZ' ?zGw--MON h?z G? pz'7'0 ~b*zz°z z?bWb'd z ??? C1????a????o?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-6029 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 Stacy R. Hart Robert A. Hart (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$134,031.85 L.L. $.50 Interest from 10/30/2010 to date of sale ($22.34 per diem) $2,770.16 Atty's Comm % Due Prothy $2.00 Atty Paid Plaintiff Paid $190.00 Other Costs Date: November 17, 2010 (Seal) REQUESTING PARTY: Name Michele M. Bradford, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 69849 David D B ro onotary By: Deputy LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the western dedicated right-of-way fine of Woodmyre Lane at the dividing line of Lot #T-33 and Lot #T-32; thence by line of Lot#T 33 and passing through.the center of a partition wall South seventy-seven degrees nineteen minutes thirty-seven seconds West (S 77 degrees 19 minutes 37 seconds W), one hundred twelve and seventy-four hundredths (112.74) feet to a point; thence by line of lands of Westwood Village due North twenty and forty-nine hundredths (20.49) feet to a point at the dividing line: of Lot #T-31 and Lot #T-32; thence by line of Lot #T-31 and passing through the centerline of a partition wall North seventy-seven degrees nineteen minutes thirty-seven seconds East (N 77 degrees 19 minutes 37 seconds E), one hundred seventeen and fifty--four hundredths (117.54) feet to a point 'on the western right-of-way line of Woodmyre Lane; thence by said right-of-way line South thirteen degrees fifty-four minutes forty-one seconds End (S 13 degrees 54 minutes 41 seconds E), eleven and zero hundredths (11.00) feet to a .: concrete monument; thence by same by. a curve to the left having a radius of one hundred fifty and zero hundredths .(150.00) feet and an arc length ofuine-and two hundredths (9.02) feet, said curve also having a chord bearing and distance of South fifteen degrees thirty-eight minutes three seconds East (S 15 degrees 38 minutes 03 seconds.E), nine and tyro hundeodths:(9.02) feet to a point at the dividing line of Lot #T-33 end Lot #T-32; the place. of BEGINNING. BEING Lot #T 32 on the Final Subdivision Plan for Westwood HilK Phase a recorded in Plan Book 81, Page 54. SUBJECT` to.a 2S foot wide Drainage and'PedestrianEasement as•shown on the above mentioned subdivision plan. SUBJECT to other conditions andrestrictions as set forth on the above mentioned plan. TITLE TO SAID PREMISES IS VESTED IN Robert A. Hart and Stacy R. Hart, h/w, by Deed from Village Homes at Westwood Glen Inc.; dated 10/30/2003,.recorded 11/05!2003 in Book 260, Page 1106. PREMISES 'BEING: 57 WOODMYRE LANE, ENOLA, PA 17025-1552 PARCEL NO. `09-12-2992-195 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza ?ILEO-OFFICE Philadelphia, PA 19103 OF THE PROTHONOTARY 215-563-7000 2010 NOV 17 PM 3: 44 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA CIVIL DIVISION V. NO.: 10-6029-CIVIL TERM STACY R. HART ROBERT A. HART Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (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. B rw V J V A rney or Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 WELLS FARGO BANK, N.A. Plaintiff v. 10 STACY R. HART ROBERT A. HART Defendant(s) OF T ARY HE PROTHONOT MO ND 17 PM 3:44: CUMBERLAND COUNT(- PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6029-CIVIL TERM CUMBERLAND COUNTY PHS # 249884 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 57 WOODMYRE LANE, ENOLA, PA 17025-1552. Name and address of Owner(s) or reputed Owner(s): Name STACY R. HART ROBERT A. HART Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 57 WOODMYRE LANE ENOLA, PA 17025-1552 57 WOODMYRE LANE ENOLA, PA 17025-1552 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. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PSECU P.O. Box 67013 Harrisburg, PA 17106 PSECU Fiserv-27 Inwood Road C/o: United General Title Ins. Rocky Hill, CT 06067 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may y be affected by the sale: Name Address (if address cannot be f reasonably ascertained, please indicate) TENANTlOCCUPANT Domestic Relations of Cumberland County 57 WOODMYRE LANE ENOLA, PA 17025-1552 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. It- November 15, 2010 By: Atto ey or Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 IV J WELLS FARGO BANK, N.A. OF THE PROHON E Kin y 2010 NO Y 17 I'M 3: 4 4 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6029-CIVIL TERM STACY R. HART ROBERT A. HART VS. CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STACY R. HART ROBERT A. HART 57 WOODMYRE LANE 57 WOODMYRE LANE ENOLA, PA 17025-1552 ENOLA, PA 17025-1552 "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 57 WOODMYRE LANE, ENOLA, PA 17025-1552 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $134,031.85 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 kb SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6029-CIVIL TERM WELLS FARGO BANK, N.A. VS. STACY R. HART ROBERT A. HART owner(s) of property situate in EAST PENNSBORO Township, Cumberland County, Pennsylvania, being (Municipality) 57 WOODMYRE LANE, ENOLA, PA 17025-1552 Parcel No. 09-12-2M-195,,- - - (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,031.85 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-33 and Lot #T-32; thence by line of Lot #T-33 and passing through the center of a partition wall South seventy-seven degrees nineteen minutes thirty-seven seconds West (S 77 degrees 19 minutes 37 seconds W), one hundred twelve and seventy-four hundredths (112.74) feet to a point; thence by line of lands of Westwood Village due North twenty and forty-nine hundredths (20.49) feet to a point at the dividing line of Lot #T-31 and Lot #T-32; thence by line of Lot #T-31 and passing through the centerline of a partition wall North seventy-seven degrees nineteen minutes thirty-seven seconds East (N 77 degrees 19 minutes 37 seconds E), one hundred seventeen and fifty-four hundredths (117.54) feet to a point on the western right-of-way line of Woodmyre Lane; thence by said right-of-way line South thirteen degrees fifty-four minutes forty-one seconds East (S 13 degrees 54 minutes 41 seconds E), eleven and zero hundredths (11.00) feet to a concrete monument; thence by same by a curve to the left having a radius of one hundred fifty and zero hundredths (150.00) feet and an arc length of nine and two hundredths (9.02) feet, said curve also having a chord bearing and distance of South fifteen degrees thirty-eight minutes three seconds East (S 15 degrees 38 minutes 03 seconds E), nine and two hundredths (9.02) feet to a point at the dividing line of Lot #T-33 and Lot #T-32, the place of BEGINNING. BEING Lot #T-32 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan. SUBJECT to other conditions and restrictions as set forth on the above mentioned plan. TITLE TO SAID PREMISES IS VESTED IN Robert A. Hart and Stacy R. Hart, h/w, by Deed from Village Homes at Westwood Glen Inc., dated 10/30/2003, recorded 11/05/2003 in Book 260, Page 1106. PREMISES BEING: 57 WOODMYRE LANE, ENOLA, PA 17025-1552 PARCEL NO. 09-12-2992-195 IONIC ARI/ 't }/ s. CUt°IBE,' ! r t t" C? i i,?. 6 '•1 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County STACY R. HART ROBERT A. HART No.: 10-6029-CIVIL, TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 249884 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 20, 2010. 2. Judgment was entered on November 1, 2010 in the amount of $134,031.85. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $128,080.84 Interest Through March 2, 2011 $6,329.65 Per Diem $19.12 Late Charges $72.54 Legal fees $1,300.00 Cost of Suit and Title $985.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $85.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $183.56 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $888.46 TOTAL $137,925.05 249884 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 16, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 249884 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: Z Z3 /u By: ? La e e T. Phela Esq., Id. No. 32227 ? Fr nci S. Hallin , Esq., Id. No. 62695 ? Daniel Sc g, Esq., Id. No. 62205 ? Michele . radford, Esq., Id. No. 69849 ? Judith 1'. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 249884 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County STACY R. HART ROBERT A. HART No.: 10-6029-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 249884 I. BACKGROUND OF CASE STACY R. HART and ROBERT A. HART 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 57 WOODMYRE LANE, ENOLA, PA 17025-1552. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 249884 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiffmust protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 2.57 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 249884 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 249884 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 249884 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 249884 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 249884 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: (Z 2 3 I D By: LJ Lawr nce . Phelan, Es I., Id. No. 32227 ? Fr is S Hallinan, 'sq. , Id. No. 62695 ? D 1c, l G. chmie Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith 7'. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 249884 Exhibit "A" 249884 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. STACY R. HART ROBERT A. HART Attorney for Plaintiff n o C) -n 0 rn m ms s= -'a ?o m o° t-' c -n ' _ =-n n o C :) Cr% 1.9 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6029-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY Kindly enter judgient in favor of the Plaintiff and against STACY R. HART and ROBERT A. HART, DefentlAhti(P) :for failure to file an Answer to Plaintiff's 20 days from service thereof and for forec)osure and sale of the mortgaged premises, Plaintiff's damages as follows: and aslsess 249884 As set forth in Complaint Interest - 09/01/2010 to 10/29/2010 $132,903.58 $1,128.27 TOTAL $134,031.85 I hereby certify that (1) the Defendant's last known address is 57 WOODMYRE LANE, ENOLA, PA 17025-1552, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DAMAGES ARE HEREBY DATE: PHS # 249884 U Lawrence T. Phel Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 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 D Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff ASSESSED AS INDICATED. PROTHONOT y 249884 Exhibit "B" 249884 C) 0 v a a c? W U Q z x z w z a r- O V] U a. 0 C ? rn 'C ? y C zQo ro ao o f o t: ? ?i U O v o vi F EA 'Cf O y G Q rr i Q ?, 6 4 3(100 dIZ 0 W0 S? ? 3 V y N u c v 4 OZ 9( O =jo 21? p37,,v v A 09z,to 9SZLLZb000 ? s .D WIZQ O9 A3rylId Fg ;_ ® ? ®,? 1 YyC ? ? ? cL v ? 0 0 db5 , '%d 939 r, m v .3 T N C ?-a E E n u ' -o '-w m ? u E O 'J iC U Y N ? Q .a ? € 5.4 z?s?w W E- N C ? C n/ 4 -O ? d,0 r ? F V1 ? ? ? v v F a?oo VJ Q.1/ Q v U L' O a F v,?a it i F C w w w O ? O a o v v O ? E z a F ° ` y L a a w ? ? U N d v i ? F N L ai O C?y fy ?+1 ?o w .. O O C' ? ? U ra E 1tl Q O z Z 00 00 U N v v: Z? _? r •--• N M V) \O I- 00 Q? N M v y 00 rn N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 16, 2010 STACY R. HART ROBERT A. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 RE: WELLS FARGO BANK, N.A. v. STACY R. HART and ROBERT A. HART Premises Address: 57 WOODMYRE LANE ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-6029-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 21, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, Law e ce T. Phelan, Esquire Fran' S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 249884 Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 249894 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: Z 23 o By: H La nce f. Phelan, Es)., Id. No. 32227 ? Fr cis S. allinan, EX., Id. No. 62695 ? Da iel G. , ie sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 (?7 Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 249884 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STACY R. HART ROBERT A. HART No.: 10-6029-CIVIL TERM Defendants CERTIFICATION OF SERVICE 249884 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. STACY R. HART ROBERT A. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 DATE: rz z3 1b By: Phelan Hallinan & Schmieg, UP LJ Law/el cue T. Phelan, q., Id. No. 32227 ? Fran S. allinan, Es ., Id. No. 62695 ? Dan G. chmieg, , q., Id. No. 62205 ? Michele M. 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 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 249884 WELLS FARGO BANK, N.A., PLAINTIFF V. STACY R. HART ROBERT A. HART, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 10-6029 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2011, a hearing on the within motion to reassess damages shall commence at 3:00 p.m., Monday, February 7, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. saa &Oyw, 61% ?PAr+, kot"A. Imo. DO -?5 0 3: co 4r Z-. N A} 401 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE DEFENDANT STACYY R. HART ROBERT A. HART SER STACY R. HART AT: 57 W ODMYRE LANE ENO A, PA 17025-1552 CUMBERLAND COUNTY PHS # 249884 SERVICE TEAM/ kxc COURT NO.: 10-6029-CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 03/02/2011 G rnco .rn = 1;0 TER {A t" ? G? ZO ?rG a --1 t? N t? -4 O -r1 O'rt P c> Tom' 70 SERVED Serv and made known to STACY R. HART , Defendant on the 3fday of . Et rtBQ?,20 (0, at W.3 , o'clock&. M., at 57 WOODA-14 1.*eI EWLA PA, in the manner described below: D fendant personally served. - A ult 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 s Height S? Weight 1:25 Race W Sex Other 1, -AJAi_ b L L a competent adult, being duly sworn according to law, depose and state that I personally hand d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case n the date and at the address indicated above. TY Swo>te >fn to and subscribed KK731- befo me this day NOTAKC -aLF STATF, OF t - RSEY !M' Not By: ?" -C .1Y Clv1 11ti??C? raAaGH 7, 2013 of Ae , 20 ? NOT SERVED On of , 20_, at o'clock _. M., Defendant NOT FOUND because: Does Not Exist - Moved on at Service Refused Other: SwokTl to and subscribed befokke me this day of By: Notf ary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Ilallbum, Fsq., Id. No. 62695 Daniel G. Schmie& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq„ Id. No. 58745 Sheetal P. Shah-Jana, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lamm R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Al lson F. Wells, Esq., Id. No. 309519 One Penn center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 249884 DEFUNDANT SERVICE TEAM/ kxc STACY R. HART COURT NO.: 10-6029-CIVIL TERM ROBERT A. HART SER ROBERT A. HART AT: TYPE OF ACTION o 57 WOODMYRE LANE XX Notice of Sheriffs Sale ENOLA, PA 17025-1552 SALE DATE: 03/0212011 Zcu C- =M 3MP = SERVED and made known to ROBERT A. HART , Defendant on the V day of bi'4'01 ? 20 cr- , Z Id r.3 Co'clock k M., at " W06DAy VNDGA. P1A> in the manner described below: q personally served. efendant Adult family member with whom Defendant(s) reside(s). X c) DMZ Relationship is tv 1 ice- e of Defendant's residence who refused to give name or relationship. lt in char d '-t g A u _ 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. ther: Height Weight JAS Race wSex F Other Description: Age 3 s I, tA1} A b16 l.L, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swo? to and subscribed KiN?J1-?` SLY C` 1 before me this _36Tday *iM 0' 't% ,LlC of 2010 cT.ryTti !,r NF,?vV,VRSE 2113 Cf?MiM11S`'1ClN t - Not ry: By: t4 NOT SERVED On t d o , 20at _ o'clock _ M., Defendant NOT FOUND because: acant _ Des Not Exist _ Moved _ Does Not Reside (Not Vacant) , No Answer on at at Service Refused Other: Sworn to and subscribed bef*e me this day of ;4 By: Notary: 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 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Cou tenay R. Damn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 A18son F. Welk, Esq., Id. No. 309519 one Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 5617000 C> S t?"t Cq O-n C:) C"3 D 01 P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. CIVIL DIVISION STACY R. HART ROBERT A. HART No.: 10-6029-CIVIL TES Defendant(s) r7j AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienhold-ers 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 herata-F'x 'jhTi it7r-M'_ Date: 4Dzawcis .Phelan, Esq., Id. No. 3 27 rands S. . Hallinan, Esq., Id. No. 695 ? 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 ison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 249884 r r £ 0l6 L 3000 d2 WOW a3llVW 040Z 64AON 99ZLL O WlZO ot6 z0 $ C- "I"° `ub •dy ? e 0 1Sbd S?' ? ?? o w 0 o o? ? w L a? a h C F ? n tON 00 o' ) q m 4= o3°i ?? ?? o °A•., i Sao NA.. w? Ldi?-1 Ca+p.V OR?,W. at pd?, , pq U ,? 'fl C d °' ? ? .. ? > a,.w 8 ? '? yr C4 o.pa (? 3 F ApyC4'^ a ;Gp?$ .N ?? a• r aU ti. v w o ?_ h A0 6 0A a s .0.0 a re a ril aZi. e a s, arc d3 i,` ,, .U' 00 ?W ?W d a`OOa?,ZHvriw94 U?UUCaa;_.,..,.•.•v6,6 0 °Ow"??wNxwaxwvwa ° u c ? qq h N -S N FFii a a s 6v az a 0 ?b AT y o J3 G b ?.y ? s •e ? o: 0 a B a. U bw Z N M .? a Q 9 ?o 3z 00 eq 4n r? rya --1 :> C C..a .. fi l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas V. STACY R. HART ROBERT A. HART Defendants Civil Division CUMBERLAND County No.: 10-6029-CIVIL TERM ORDER AND NOW, this day of 2011 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through March 2, 2011 Per Diem $19.12 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion $128,080.84 $6,329.65 $72.54 $1,300.00 $985.00 $0.00 $85.00 $0.00 249884 Mortgage Insurance Premium / Private Mortgage Insurance $183.56 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $888.46 TOTAL $137,925.05 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. NaAkno, 4301?. , - hct ,d det??re?1 AMC+ a6 249884 . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FIL ED-or"ic,- Sheriff -? ?THE PP0TH0,du'??j?x11 Jody S Smith Chief Deputy 20 11 JUL _5 P+ 2:12 Richard W Stewart CUMBERLAND LOU,`NTY Solicitor PENNSYLVANIA Wells Fargo Bank, I A vs. Case Number Robert A. Hart (et al) 2010-6029 SHERIFF'S RETURN OF SERVICE 12/29/2010 07:10 P - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon th property located at 57 Woodmyre Lane, Enola, PA 17025, Cumberland County. 12/29/2010 07:10 P - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice a d Description, in the above titled action, by making known its contents and at the same time persona ly handing a true copy to a person representing themselves to be Robert Hart, husband of defends it, who accepted as "Adult Person in Charge" for Stacy R. Hart at 57 Woodmyre Lane, Enola, PA 17025, Cumberland County. 12/29/2010 07:10P -Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Robert A Hart at 5 Woodmyre Lane, Enola, PA 17025, Cumberland County. 02/08/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/1/2011 05/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $741.13 July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SZ' L.. ,L13 73 u nn", ort_ (oc WELLS FARGO BANK, N.A. Plaintiff v. STACY R. HART ROBERT A. HART' Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6029-CIVIL TERM CUMBERLAND COUNTY PHS # 249884 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARG 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 as filed, the following information concerning the real property located at 57 WOODMYRE LANE, ENOLA, PA 17025-1552. 1. Name and addres? of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) STACY R. HAR' 57 WOODMYRE LANE ENOLA, PA 17025-1552 ROBERT A. HA? T 57 WOODMYRE LANE ENOLA, PA 17025-1552 I 2. Name and address!, of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABO?E 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PSECU P.O. Box 67013 Harrisburg, PA 17106 PSECU Fiserv-27 Inwood Road C/o: United Gen@ral Title Ins. Rocky Hill, CT 06067 i. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name an d address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by th? sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCICUPANT 57 WOODMYRE LANE ENOLA, PA 17025-1552 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of . elfare Internal Revenue Service Advisory U.S. Departmenof Justice U.S. Attorney f the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. l understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November 15, 2010 By: Atto ey or Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 a WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-6029-CIVIL TERM STACY R. HART ROBERT A. HARTI : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STACY R. RT ROBERT A. HART 57 WOOD LANE 57 WOODMYRE LANE ENOLA, PA 7025-1552 ENOLA, PA 17025-1552 "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 (re estate) at 57 WOODMYRE LANE, ENOLA, PA 17025-1552 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to nforce the courtjudgment of $134,031.85 obtained by WELLS FARGO BANK, N.A. (the mortgagee) ag ' 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 BE To prevent this Sheriff s Sale, you must: take immediate action: 1. The sale wi be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's es 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 al?o be able to stop the sale through other legal proceedings. You may need attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sa e. (See notice on page two on how to obtain an attorney.) IF Y VE VE 1. If the Sheriff's Sale ?s not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21 563-7000. 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. a 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 ri gives a deed to the 6. You maybe entil distribution of the rr the sale. The schedi office. This schedu] with this schedule u within ten (10) days 7. You may also after the sale. to remain in the property until the full amount due is paid to the Sheriff and the Sheriff ,per. At that time, the buyer may bring legal proceedings to evict you. to a share of the money which was paid for your house. A proposed schedule of ey bid for your house will be prepared by the Sheriff not later than thirty (30) days after shall be kept on file with the sheriff and will be made available for inspection in his vill state who will be receiving that money. The money will be paid out in accordance ss exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff er the filing of the proposed schedule. other rights and defenses, or ways of getting your home back, if you act immediately. YOU SHOULD TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WH RE 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. 10-6029-CIVIL TERM WELLS FA4GO BANK, N.A. vs. STACY R. HART ROBERT A. HART owner(s) of p =y situate in EAST PENNSBORO Township, Cumberland County, Pennsylvania, being (Municipality) ANE, ENOLA, PA 17025- Q-195,, (Acreage or street address) : RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,031.85 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania ore particularly bounded and described as follow, to wit: BEGINNING at point on the western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-33 and Lot #T-32; ence by line of Lot #T-33 and passing through the center of a partition wall South seventy-seven degrees nineteen minutes thirty-seven seconds West (S 77 degrees 19 minutes 37 seconds W), one hundred twelve and seventy-four hundredths (112.74) feet to a point; thence by line of lands of Westwood Village due North twenty and forty-nine hundredths (20.49) feet to a point at the dividing line of Lot #T-31 and Lot #T-32; thence by line of Lot #T-31 and passing thro the centerline of a partition wall North seventy-seven degrees nineteen minutes thirty-seven seconds East (N 77 degrees 19 minutes 37 seconds E), one hundred seventeen and fifty-four hundredths (117.54) feet to a point on the western rit-of-way line of Woodmyre Lane; thence by said right-of-way line South thirteen degrees fifty-four minutes forty-on seconds East (S 13 degrees 54 minutes 41 seconds E), eleven and zero hundredths (11.00) feet to a concrete monum t; thence by same by a curve to the left having a radius of one hundred fifty and zero hundredths (150.00) feet and arc length of nine and two hundredths (9.02) feet, said curve also having a chord bearing and distance of South fifteen degrees thirty-eight minutes three seconds East (S 15 degrees 38 minutes 03 seconds E), nine and two hundredths (9.02) feet to a point at the dividing line of Lot #T-33 and Lot #T-32, the place of BEGINNING. BEING Lot #T-3 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan. i SUBJECT to other conditions and restrictions as set forth on the above mentioned plan. TITLE TO SAID PREMISES IS VESTED IN Robert A. Hart and Stacy R. Hart, h/w, by Deed from Village Homes at Westwood Gle? Inc., dated 10/30/2003, recorded 11/05/2003 in Book 260, Page 1106. PREMISES BEING: 57 WOODMYRE LANE, ENOLA, PA 17025-1552 PARCEL NO.0942-2992-195. WRIT OF EXECUTION and/or ATTACHMENT COMMC7NWEALTH OF PENNSYLVANIA) NO 2010-6029 Civil COUNT" OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Bank, N. A. Plaintiff (s) From $tacy R. Hart Robert A. Hart (1) You lire 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 (3) If pr perty 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 Pue$134,031.85 L.L. $.50 Interest from 10/30/2010 to date of sale ($22.34 per diem) $2,770.16 Atty's Comm % Due Prothy $2.00 Atty Paidi Other Costs Plaintiff aid $190.00 Date: No ember 17, 2010 David ell, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name Michele M. Bradford, Esq. Ph elan Hallinan & Schmieg, LLP Address: 617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 Attorney r: Plaintiff Supreme ?'ourt ID No. 69849 TRMCWYFRftRECM Telephon : 215-563-7000 In 06 %MknWW MW OK I hen & ad nV MW IftdVtswdewC MatC.W..Pe. ano se 4f-Thisday_ _" ?` 0 On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as 57 Woodmyre Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMOI WEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lis 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 f r 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 t 1e following dates, viz: January 28, February 4, and February 11, 2011 Affi nt 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 s to time, place and character of publication are true. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 11 da of Februar 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 12010-6029 Civil Wells Fargo Bank, NA vs. Ro ert A. Hart St cy R. Hart Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-6029-CIVIL TERM, WELLS FAR O BANK, N.A. vs. STACY R. HART, ROBERT A. HART, owner(s) of pr perty situate in EAST PENNSBOR Township, Cumber- land County Pennsylvania, being 57 WOODMY E LANE, ENOLA, PA 17025-1552. Parcel No. 09-12-2992-195, 00501899. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $134,031- .85. 23 i -'he Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Accountant of The Patriot News Co., a corporation organized and existing under the laws of the vania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the unty of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday )f general circulation, printed and published at 1900 Patriot Drive, in the City, County and State News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, een continuously published ever since; tice or publication which is securely attached hereto is exactly as printed and published in their regular iunity Weekly editions which appeared on the date(s) indicated below. That neither she nor said e subject matter of said printed notice or advertising, and that all of the allegations of this statement as acter of publication are true; and Inal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds 3uphin in Miscellaneous Book "M", Volume 14, Page 317. CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being lduly sworn according to law, deposes and says: That she is a Stall Commonwealth of Penns, Township of Hampden, C Patriot:-News newspapers aforesaid; that The Patriot respectively, and all have That the printed n daily and/or Sunday/ Com Company is interested in i to the time, place and cha That she has perE behalf of The Patriot-New! stockholders and board of in and for said County of E PUBLICATION COPY R~ A:'Nwt SgnaX !f. MW Atlty:l &*M By virtue-of a Writ of En 1040Nk VILTMM WELLS IlARGO BANK, N.A. VS. STACY R. HART ROBERT A. HART . own s) of property situate PENNSBORO 76 msbip, County, Pennsylvania; being . (Munkipa64) 57 WOODMYRE LANE, H 17025-1552 Par(*M. 09.12-2992-195, 0050 (Amage or streetWdiress) Improvemata thereon: RES] DWELLING JUDGMENT AMOUNT: $134, This ad ran on the date(s) shown below: 1/28/11 z4fPatriot News Now you know 2/4/11 2/11/11 i NO. Sworn to and scribed before me th EAST erland Notary Public ?. PA ruary, 2011 A.D. COMMONWEALTH OF PENNSYLVANIA j Notarial SSW j Sherrie L Klsner, Notary Public j Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member. Pennsylvania Association of Notaries Phelan Hallinan & Schmieg, LLP t 1 - l: 1617 JFK Boulevard, Suite 1400 E' Attorney For Plaintiff i'O HONO lA" i One Penn Center Plaza Philadelphia, PA 19103 p? c1 215-563-7000 2 AM l0: 5 1 WELLS FARGO BANK, 1#. $ERLAN C0 &Yrt of Common Pleas Plaintiff PCNNSY VAN A Civil Division vs CUMBERLAND County STACY R. HART ROBERT A. HART No. 10-6029-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: HELAN ALLINAN MIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 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 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. Cantwell, Esq., Id. No. 30891 PHS# 249884 Attorneys for Plaintiff % 01, so PJ C >`- g 11 bq &-? g ??-a7aco?? PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff vs STACY R. HART ROBERT A. HART Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 10-6029-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: STACY R. HART ROBERT A. HART 57 WOODMYRE LANE ENOLA, PA 17025-1552 r ? Date: C` By: Lawrence T. Phelan, Esq., Id. 222 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew- C. Bramblett. Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 / Melissa J. Cantwell, Esq., Id. No. 3089Y2 Attorney for Plaintiff