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HomeMy WebLinkAbout10-6811i Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 Defendants FlLEO- T PROTHO ? , ? gig., TAB , 2010 OCT 26 AM 11: 6 CrIMBERLANB PENES YLV&Q? r' ATTORNEY FOR PLAINTIFF 254300 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (O-U?h CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254300 0)?? b!?qa DbOeJ3 p??,?. Ada sd 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 BEABLE 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 #: 254300 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/26/2007 TIMOTHY E. DEVINE and WENDY R. DEVINE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1982, Page 416. By Assignment of Mortgage recorded 10/05/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200934252. 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 03/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 254300 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $120,103.99 Interest $4,897.40 02/01/2010 through 10/11 /2010 (Per Diem $19.33) Attorney's Fees $650.00 Late Charges through 10/11/2010 $49.08 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $126.60 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $1,172.76 TOTAL $127,579.83 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 254300 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,579.83, together with interest from 10/11/2010 at the rate of $19.33 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 (IW By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 254300 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the Southwest side of Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by Michael C. D'Angelo, Registered Surveyor, dated September 12, 1978, and bearing drawing No. 32-85 as follows, to wit: BEGINNING at a point on the Southwest side of Bridge Street (60 foot wide right-of-way), at corner of property #534, said point being 2,030.00 feet to the curb line of 6th Street; thence extending from said beginning point and along Bridge Street, South 24 degrees 18 minutes 00 seconds East, a distance of 24.20 feet to a hub at a corner of property #530; thence extending along same South 63 degrees 36 minutes 20 seconds West, a distance of 175.12 feet to a pin on the Northeast side of Locust Allen (20 foot wide right-of-way); thence extending along same North 24 degrees 18 minutes 00 seconds West, a distance of 30.60 feet to a hub at a corner of property #534 aforesaid; thence extending along same and passing through a dwelling division wall North 65 degrees 42 minutes 00 seconds East, a distance of 175.00 feet to the first mentioned point and place of BEGINNING. BEING known and numbered as #532 Bridge Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all conditions, covenants, restrictions, reservations, easements and rights of way of prior record. File #: 254300 BEING the same premises which Michael J. Mahoney and Deborah A. Mahoney, his wife, by Deed dated December 10, 2004, and recorded December 21, 2004, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 266, Page 3939, granted and conveyed unto Tim E. Devine and Wendy R. Gauger, adult individuals, Mortgagors herein. PROPERTY ADDRESS: 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957 PARCEL # 25-24-0811-104 File #: 254300 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. I'Q- ?qt'uw Atto ey for Plaintiff DATE: o F File #: 254300 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C-j C: Sheriff -0 _ `- "+ Jody S Smith ? rry ? r"7 Chief Deputy CD Y "o C-5 Richard W Stewart - Solicitor c 7 t: yC: x- Wells Fargo Bank, NA vs. Timothy E. Devine (et al.) Case Number 2010-6811 SHERIFF'S RETURN OF SERVICE 10/27/2010 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: Timothy E. Devine, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/27/2010 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: Wendy R. Devine, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/12/2010 York County Return: And now, November 12, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Timothy E. Devine the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Request for service at 34 Privet Drive, Etters, PA 17319 the defendant was not found. However, The Postmaster is still delivering Timothy E. Devine's mail to 34 Privet Drive, Etters, PA 17319. 11/12/2010 York County Return: And now, November 12, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Wendy R. Devine the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. Request for service at 34 Privet Drive, Etters, PA 17319 the defendant was not found. However, The Postmaster is still delivering Wendy R. Devine's mail to 34 Privet Drive, Etters, PA 17319. 11/12/2010 04:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2010 at 1620 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy E. Devine, by making known unto himself personally, at 532 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. ?J? TI LA K, DEPUTY 11/16/2010 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: Wendy R. Devine a/k/a Wendy R. Gauger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Wendy R. Devine. Timothy Devine, defendant's ex husband advised Deputies, Wendy R. Devine is thought to be residing at 1 Piper Court, Fairview, Pennsylvania. SHERIFF COST: $115.30 November 23, 2010 SO ANSWERS, x ZX??? RON oZ R ANDERSON, SHERIFF r; CouniySuite Sheriff, Tetecseft. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration WELLS FARGO BANK, N.A. vs. TIMOTHY E. DEVINE (et al.) SHERIFF'S RETURN OF SERVICE Case Number 10-6811 11/12/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: TIMOTHY E. DEVINE, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 34 PRIVET DRIVE, ETTERS, PA 17319-9019. PER POST OFFICE CHECK MAIL IS DELIVERED TO ADDRESS GIVEN. 11/12/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: WENDY R. DEVINE F/K/A WENDY R. GAUGER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 34 PRIVET DRIVE, ETTERS, PA 17319-9019. PER POST OFFICE CHECK MAIL IS DELIVERED TO ADDRESS GIVEN. SHERIFF COST: $42.88 SO A ERS, November 15, 2010 RICHARD P KEVERLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 15th _ day of NOVEMBER 2010 ;i vt:31(llj ?i1??f?i5u11. it?f. ,XW4 COMMONWEALTH OF PENNSYLVANIA L Y PUBLIC COUNTY MAUG. 12, 2013 w 1, *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 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 vs. Coro DEC -3 AH io: 4 2 CUMBERLAND CC`Ut4T ?, NS Yt Viii N! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY TIMOTHY E. DEVINE : No. 10-6811 WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE D ?k? 0? ? ?d3 , ,. . . TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. &,WHMIEG, LLP By: v ? La ence T. Phelan, Es j., Id. No. 32227 ? cis S. Hallinan, E q., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ?Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: December 2, 2010 /tam, Svc Dept. File# 254300 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ,,_+?D ?- Sherif H 17 f Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Timothy E. Devine (et al.) 4 ' j CWT ?vy , tg Case Number 2010-6811 SHERIFF'S RETURN OF SERVICE 12/15/2010 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: Wendy R. Devine f/k/a Wendy R. Gauger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Wendy R. Devine. Tim Devine advised Deputies, Wendry R. Devine currently resides at 1 Piper Court, York, Pennsylvania. However, The Enola Postmaster is still delivering Wendy R. Devine's mail to 19 Salt Road, Enola, Pennsylvania 17025. SHERIFF COST: $46.50 SO ANSWERS, December 15, 2010 RONW R ANDERSON, SHERIFF FILED-OFFICE Phelan Hallinan & Schmieg, LLP OF THE PROT;HOtIO Tp, ?, Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 C 20 AM 9: 9E, Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 CUMBERLAND COUNTY i Judith T. Romano, Esq., Id. No. 58745 PENNSYIY€' P),Ip 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 vs. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 10-6811 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE '* IA °b?r? 41?_ ?Dt/07a?(v TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. I IALLINAN & y: LJ 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 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: December 17, 2010 /tam, Svc Dept. File# 254300 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 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. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY TIMOTHY E. DEVINE WENDY R. DEVINE GAUGER F/K/A WENDY R. No. 10-6811 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE Ito 0 54ss° ,r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: L wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 Attorneys for Plaintiff Date: February 1, 2011 /tam, Svc Dept. File# 254300 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Of tglflt4'r 4 " • iJ f '• a r .g?.' JP,,,rF i ? 1. ! r Wells Fargo Bank, NA I vs. Timothy E. Devine (et al.) Case Number 2010-6811 SHERIFF'S RETURN OF SERVICE 12/20/2010 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: Wendy R. Devine f/k/a Wendy R. Gauger, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Erie County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 12/30/2010 Erie County Return: And now, December 30, 2010 I, Bob Merski, Sheriff of Erie County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Wendy R. Devine f/k/a Wendy R. Gauger the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Erie and therefore return same NOT FOUND. Request for service at 1 Piper Court, Fairview, Pennsylvania 16415 does not exist. SHERIFF COST: $37.00 February 03, 2011 SO ANSWERS, (? Z' X -"Z' F ? ?/ ? ? RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF ERIE COUNTY Bob Merski Sheriff Capt. James R. Haskins Criminal Division Jon Habursky Chief Deputy Lt. Jeff Guild Fnsrr?xvxmE Civil /Instructor WELLS FARGO BANK, N.A. vs. I Case Number WENDY R DEVINE 2010-06811M SHERIFF'S RETURN OF SERVICE 12/30/2010 12:00 PM - SHERIFF BOB MERSKI, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: WENDY R DEVINE, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT SERVED" AT 1 PIPER COURT. FA!RVIEW, PA 16415. ADDRESS DOES NOT EXIST PER MAP QUEST NOR POST OFFICE SHERIFF COST: $71.00 December 30, 2010 SO ANSWERS, 130B MERSKI, SHERIFF COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY L. SAWTELLE, Notary Public C4 of Erie, Erie Cou?y Comn?ssion Expires.fu $, 2014 Affirmed and subscribed to before me this NOTARY day of Ctrw?G? ?l Plaintiff Attorney. PHEL4N HALLINAN & SCHMIEG LLP, ONE PENN CENTER @ SUBU AN STATION, '1617 JFK BLVD, Ir 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. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendants ;>1 f ftGTF0N0iAR` 2011MAR-1 AMII:16 CUPENN YLVANIA TY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 10-6811 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE a Etta ?o r?l 4 ut- Ios9t? 38 "S589o TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLDYWHMIEG, LLP L-j Lawrence T. P an, Esq., Id. No. 32 7 ?- cis . Hallinan, Esq., Id. No. 6269 ? Daniel G. Schmieg, Esq., Id. No. 6j Z5 ? 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 ? =lison w C. Bramblett, Esq., Id. No. 208375 F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: February 28, 2011 /tam, Svc Dept. File# 254300 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff fi . ?r t4???11n ot 1`.FIn7?F1/r? Jody S Smith Chief Deputy w Richard W Stewart - r-` Solicitor Wells Fargo Bank, NA vs. Case Number . Timothy E. Devine (et al.) 2010-6811 SHERIFF'S RETURN OF SERVICE 02/03/2011 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: Wendy R. Devine, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/18/2011 York County Return: And now, February 18, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Wendy R. Devine f/k/a Wendy R. Gauger the defendant named in the within Complaint in Mortgage Foreclosrue and that I am unable to find her in the County of York and therefore return same NOT FOUND. Request for service at 34 Privet Drive, Etters, Pennsylvania 17319 the defendant was not found. SHERIFF COST: $37.00 March 03, 2011 SO ANSWERS, &-'° --` RbNI'V R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration WELLS FARGO BANK, N.A. vs. TIMOTHY E. DEVINE (et al.) Case Number 10-6811 SHERIFF'S RETURN OF SERVICE 02/09/2011 02:50 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: WENDY R. DEVINE F/K/A WENDY R. GAUGER AT 34 PRIVET DRIVE, ETTERS, PA 17319-9019. THE DEFENDANT WAS FOUND TO HAVE MOVED. 02/18/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: WENDY R. DEVINE F/K/A WENDY R. GAUGER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 34 PRIVET DRIVE, ETTERS, PA 17319-9019. DEFT DOES NOT LIVE AT 34 PRIVET DRIVE, ETTERS, PA 17319. SHERIFF COST: $58.27 SO A ERS, February 28, 2011 RICHARD P EU RLEBER, SHER _. - -- ------.-- - -- - --- - ....- - - - - ------ NOTARY Affirmed and subscribed to before me this 28TH day of FEBRUARY 2011 T r CITY OF YORK RED p:?G 12. MY COMM?SS?ON EX? __. 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 TIMOTHY E. DEVINE WENDY R. DEVINE GAUGER Defendants Vs. F/K/A WENDY R. FILED-OFFICE OF THE PROTHONOTARY 2011 APR -7 AM 10: 33 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-6811 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL LINAN & 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 r-I ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: April 6, 2011 /tam, Svc Dept. File# 254300 P 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 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. Plaintiff vs. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendants FII.LEF) - t{=FIGS 201 I JUN -8 AM 10, 1 t? C.UMBERLANC PENNSYt-VA 1A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-6811 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 4) 10.00 ed, 4 /Of TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLIIAN & SCHMIEG, LLP By: I-V ? Lawrence T el Esq., Id. No. 32227 ? Francis S. , 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 Attorneys for Plaintiff Date: June 7, 2011 /tam, Svc Dept. File# 254300 SHERIFF'S OFFICE OF CUMBERLAND FOV I TFYI C E Ronny R Anderson r1F THE PRO' EiGNOTARY Sheriff Jody S Smith Chief Deputy 2011 JUL 13 AM 3: 02 Richard W Stewart Solicitor CUMBERLANBCQURY PENNSYLVANIA Wells Fargo Bank, NA vs. Timothy E. Devine (et al.) Case Number 2010-6811 SHERIFF'S RETURN OF SERVICE 04/25/2011 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: Wendy R. Devine, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Wendy R. Devine. Deputies were advised, Wendy R. Devine has never resided at 19 Salt Road, Enola, Pennsylvania 17025. Wendy R. Devine currently resides at 70A Valley Road, Etters, Pennsylvania 17319. 06/09/2011 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: Wendy R. Devine, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/28/2011 05:35 PM - York County Return: And now June 28, 2011 at 1735 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wendy R. Devine by making known unto herself personally, at 70A Valley Road, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $73.00 July 11, 2011 SO ANSWERS, -" ZZ 2 ?/ RON R ANDERSON, SHERIFF {c CoaniySuite Sher'1tf Teien=oft Inc 1., PHELAN HALLINAN & SCHMIEG, LLP 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. VS. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER LED-N FiGE AtUtorne for Plaintiff t1AUG- A l0 + { 1MBERLAND COUNTi 'E44 ISYLVA"'1 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-6811 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY E. DEVINE, and WENDY R. DEVINE F/K/A WENDY R. GAUGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $127,579.83 Interest - 10/12/2010 to 08/03/2011 $5,721.68 TOTAL $133,301.51 I hereby certify that (1) the Defendants' last known addresses are 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957 and 70A VALLEY ROAD, ETTERS -772' 9 89i', and (2) that notice has been given in accordance with Rule Pa.R.C. ----''' Date 19 ells, Attorney DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Is I it PHS # 254300 PROTHONOTARY W wy. " al? W*116s3aS 0106 2VA3 254300 :;`Y. ? "t-. .W W ?? a ?.. ,_ ??:. ma ,?,?,. PHELAN HALLINAN & SCHMIEG, LLP 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. VS. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6811 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. (b) that defendant TIMOTHY E. DEVINE is over 18 years of age and resides at 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957. (c) that defendant WENDY R. DEVINE F/K/A WENDY R. GAUGER is over 18 years of age and resides at 70A VALLEY ROAD, ETTERS, PA 17319-8913 and 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957. This statement is made subject to the penalties of 18 Pa. C.S. S relating to unsworn falsification to authorities. l l Date 90 N Allison F. Wells, Esq., Id. No.3b9,519 Attorney for Plaintiff 254300 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS TIMOTHY E. DEVINE CIVIL DIVISION WENDY R. DEVINE F/K/A WENDY R. GAUGER No. 10-6811 Notice is given that a Judgment in the above captioned matter has been entered against you on S By: .? If you have any questions concerning this matter please contact: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 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 HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. WELLS FARGO BANK, N.A. V. Plaintiff TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) TO: TIMOTHY E. DEVINE 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 DATE OF NOTICE: July 20, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6811 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO. COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 # 254300 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Aawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalInan, 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 30894-k-? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 254300 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 10-6811 TIMOTHY E. DEVINE CUMBERLAND COUNTY WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) TO: WENDY R. DEVINE F/K/A WENDY R. GAUGER 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 DATE OF NOTICE: July 20, 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, 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 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 # 254300 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: : Lawrence T. Phelan, Esq., Id. o. 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 f Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 254300 WELLS FARGO BANK, N.A. v. Plaintiff TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6811 CUMBERLAND COUNTY TO: WENDY R. DEVINE F/K/A WENDY R. GAUGER 70A VALLEY ROAD ETTERS, PA 17319-8913 DATE OF NOTICE: July 20, 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, 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 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 # 254300 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 B y(I Lawrence T. Phelan, Esq., Id. 2227 Francis S. Hallinan, Esq., Id. No. 6 695 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 Chrisovalante P. Fliakos, 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., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 30891 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 254300 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff v TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Intcrest from 08/04/2011 to Date of Sale ($21.91 per diem) TOTAL Note: Please attach description of property. PHS # 254300 aft\? ?? . 3?.csa 1 3.pp«,i Qa. OU 100.00 d. s o 3vPA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6811 CUMBERLAND COUNTY $133,301.51 $2 760.66 rnc , c 606 s' CZ) CD Phelan Hallinan & nieg, LEIr_ m. CD s, Esq., Id. No.309519 Attorney for Plaintiff ta'(z ?. 6 kJfL4 ? ??Tssoed x w c? c? r kf) ? o Q W a i 3 ca Pr ?`, _M ? W ? w rn wwW Qw¢ on ?U QW O ?N W Z > ( ?z 3°w a ?! a w w0 3w ? ?? O V w F O a ? C7? ?, a ? ; i? C? 541 ?wY w > F3 ?v 3 a w ,, a¢¢ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the Southwest side of Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by Michael C. D'Angelo, Registered Surveyor, dated September 12, 1.978, and bearing drawing No. 32-85 as follows, to wit: BEGINNING at a point on the Southwest side of Bridge Street (60 foot wide right-of-way), at corner of property #534, said point being 2,030.00 feet to the curb line of 6th Street; thence extending from said beginning point and along Bridge Street, South 24 degrees 18 minutes 00 seconds East, a distance of 24.20 feet to a hub at a corner of property #530; thence extending along same South 63 degrees 36 minutes 20 seconds West, a distance of 175.12 feet to a pin on the Northeast side of Locust Allen (20 foot wide right-of- way); thence extending along same North 24 degrees 18 minutes 00 seconds West, a distance of 30.60 feet to a hub at a corner of property #534 aforesaid; thence extending along same and passing through a dwelling division wall North 65 degrees 42 minutes 00 seconds East, a distance of 175.00 feet to the first mentioned point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to all conditions, covenants, restrictions, reservations, easements and rights of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Timothy E. Devine and Wendy R. Devine, h/w, by Deed from Tim E. Devine, a/k/a, Timothy E. Devine and Wendy R. Gauger, now by marriage, Wendy R. Devine, h/w, dated 01/26/2007, recorded 02/09/2007 in Book 278, Page 3758. PREMISES BEING: 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957 PARCEL NO. 25-24-0811-104 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 t L - ; 4L One Penn Center Plaza i l a o Tp" P, ; 1,, b ! Philadelphia, PA 19103 61 S E-_ P '215-563-7000 {, ?f lra?o WELLS FARGO BANK, N.A. Ji"IsERcouNr O PENNSYLVANIA Plaintiff V. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6811 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ian Hallinan & , Allison F. Wells, Esq., Id. No.30951 Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. ONOTAE 261 I SEP -1 P H10, 0! TIMOTHY E. DEVINE ,. • 4%-, D COUNT" WENDY R. DEVINE F/K/A WENDY R: fLVANIA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6811 CUMBERLAND COUNTY PHS # 254300 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 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957. 1. Name and address of Owner(s) or reputed Owner(s): Name TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 70A VALLEY ROAD ETTERS, PA 17319-8913 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may 132 affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 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 0 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. -` ' - - Date: 17o 1 Phelan Hallinan & Schmieg, LLP Allison d-1 3.0951 Attorney for Plaintiff WELLS'FARGO BANK, N.A. rr U r iC : COURT OF COMMON PLEAS Y (?L ry a c] i 3\ 11HIGNO}wAI'i 9 Plaintiff CIVIL DIVISION ells-P-l P110 C't "'UsMBERLAND COUNTY ? NO.: 10-6811 PENNSYLVANIA TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFI TO: TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 ''S SALE OF REAL PROPERTY WENDY R. DEVINE F/K/A WENDY R GAUGER 70A VALLEY ROAD ETTERS, PA 17319-8913 "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 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $133,301.51 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid'by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6811 WELLS FARGO BANK, N.A. VS. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 532 BRIDGE STREET. NEW CUMBERLAND. PA 17070-1957 Parcel No. 25-24-0811-104 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $133,301.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the Southwest side of Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by Michael C. D'Angelo, Registered Surveyor, dated September 12, 1978, and bearing drawing No. 32-85 as follows, to wit: BEGINNING at a point on the Southwest side of Bridge Street (60 foot wide right-of-way), at corner of property #534, said point being 2,030.00 feet to the curb line of 6th Street; thence extending from said beginning point and along Bridge Street, South 24 degrees 18 minutes 00 seconds East, a distance of 24.20 feet to a hub at a corner of property #530; thence extending along same South 63 degrees 36 minutes 20 seconds West, a distance of 175.12 feet to a pin on the Northeast side of Locust Allen (20 foot wide right-of- way); thence extending along same North 24 degrees 18 minutes 00 seconds West, a distance of 30.60 feet to a hub at a corner of property #534 aforesaid; thence extending along same and passing through a dwelling division wall North 65 degrees 42 minutes 00 seconds East, a distance of 175.00 feet to the first mentioned point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to all conditions, covenants, restrictions, reservations, easements and rights of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Timothy E. Devine and Wendy R. Devine, h/w, by Deed from Tim E. Devine, a/k/a, Timothy E. Devine and Wendy R. Gauger, now by marriage, Wendy R. Devine, h/w, dated 01/26/2007, recorded 02/09/2007 in Book 278, Page 3758. PREMISES BEING: 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957 PARCEL NO. 25-24-0811-104 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6811 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From TIMOTHY E. DEVINE WENDY R. DEVINE f/k/a WENDY R. GAUGER (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: $133,301.51 L.L.: $.50 Interest from 8/4/11 to Date of Sale ($21.91 per diem) -- $2,760.66 Atty's Comm: % Due Prothy: $2.00 Arty Paid: $501.30 Plaintiff Paid: Date: 9/1/11 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, 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 Other Costs: -'F-'y Supreme Court ID No. 309519 _ .~Ti Phelan Hallinan & Schmieg, LLP , • ; F. ~ Melissa J. Cantwell, Esq., Id. No.3U$01`2 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ND CQI;PITY One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas Plaintiff : : Civil Division v. : : CUMBERLAND County TIMOTHY E. DEVINE : WENDY R. DEVINE : No.: 10-6811 F/K/A WENDY R. GAUGER : 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 26, 2410. 2. Judgment was entered on August 5, 2011 in the amount of $133,301.51. 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 December 7, 2011. 254300 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 $120,103.99 Interest Through December 7, 2011 $13,047.21 Per Diem $19.33 Late Charges $49.08 Legal fees $1,325.00 Cost of Suit and Title $2,427.00 Property Inspections $30.00 Property Preservation $325.00 Mortgage Insurance Premium/ Private Mortgage Insurance $948.66 Escrow Deficit $2,880.54 TOTAL $141,136.48 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 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 October 12, 2011 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. 254300 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquire ~ ATTORNEY FOR PLAINTIFF 254300 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas Plaintiff : : Civil Division v. : : CUMBERLAND County TIMOTHY E. DEVINE : WENDY R. DEVINE : No.: 10-6811 F/K/A WENDY R. GAUGER : Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TIMOTHY E. DEVINE and WENDY R. DEVINE F/K/A WENDY R. GAUGER 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. Plaintiff s Note was secured by a Mortgage on the Property located at 532 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1957. 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. 254300 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 254300 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 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. 254300 IIL 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 Sheriff s 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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 taYes 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 254300 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 an d Loan Association v. Street Road Shoppin 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 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. 254300 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 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 254300 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. 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, ar 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. 254300 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 accardance 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP , DATE: By. _ Melissa J. Cantwell, Esqu' Attorney for Plaintiff 254300 Exhibit "A" 254300 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boutevard, Suite 1400 _ One Penn Center Plaza ~ o -n Philadelphia, PA 19103 -n 215-563-7000 -a,- m cr,r" t ~a --+o WELLS FARGO BANK, N.A. . CU.MXiERL,r~NX) C:CiUN`~"Y c~ ~ x-n ~ ~ a r, s x-.: Vs• . COURT UF CdMMON PLEA~C3 oC:)rn TIMOTHY E. llEVINE : CIVIL DIVISION WENDY R. DEVINE F/KIA WENDY R. GAUGER : No.10-G811 URE TQ PRAECIPE FOR IlV RI;M.T1.11)GME='D~ ~ t =ES ANSWFR AN.D.,SS~+SSt4TT~:lY'i` V TO THE PROTHONOTARY: Kindly erater jtidgntcizt in #avor ofthc 1'laantiff'ancl against'1'YMt3l`EI:Y I;.17~;V1Ni+, an(! WENDY R. Ll?EVIN C; T+'li:lA 'iJVENDY lt, GA.UGE,I2, Deteixlant(s) for f'aiJurt-ttu file an Ariswer tc) F'Iai}ltiif°s C;omplaint within ?0 ciays fi~am serviGe theret>f atxd f'or force;It>surc: ani3 Sa1c: c>I'the mortg;agccf prt:rt3ise;:;, <ind assess I'laizxtiff'S darnagx:s as follows: As set f'orth in Complaint $127,579.83 Interest -10/1212010 to 08/0312011 $5 7~21.6. $ TOTAL $133,301.51 I hereby certify that (1) the Defenclants' last known addrasses are 532 BRIDGE STREET, NI;W CUMBERLAND, pA 17070-1957 and 70A VALLEY ROAD, Cs`1""i`~~,I;S and (2) that notice has bee:n gi~el 'n accorriFUric;e with Rule Pa.R.~.3'Y°~ _ llate ~ ~ T" Wells Esi . 9 519 Attoniey ~ I)A:Y1rIGF;S ARE HERt.:I31` ASS1.S';F'P) A`s 1NDIt A"fT,.i::&. T)ATE: YHS tt 254300 PR01'HONOTARY ?._54300 Exhibit "B" 254300 'o -3 ~ tn A r ~ "O Oo --I O~ C.n 4~, W N ~ C~ z CD r~ - VI (11 f11 U1 D ~ n' ~ O cr ~ z a= `z WO~O O~O ~ o ,t o ?~t ~ ~ ~ Fo p 'v CD r~ CD CD z z z z~z~ ~CD~ a a aQa -1 M ro r+ eD ~O a~ Cl7 CrJ C17 ~ C~1 ~ ~w ~ z 0 ~ v v v v y ~ o < < m < O n m -iz ° o A c w ~ E ~ N 'N cn w ^-1 ~ ~ ~ y O ~Op O Q ry rn ~ S» O F ~ ~ ~ 4 l ~ N Ci7 C17 rv o o m ~ o~ Q~ ~ J C CA N c, w o [+7 n ~ y 3 ~ w R~Q a = N' o Q F y y Z ~ • PIiNlV 60YJ15 g 02 1M $01-6$0 N d a~ a 0004277256 OCT 12 201 1 2 MAILED FROM 21P CODE ' 9' ~ ~D o B W 5 0 ? ~ m w 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 October 12, 2011 TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 532 BRIDGE STREET 19 SALT RD NEW CUMBERLAND, PA 17070-1957 ENOLA, PA 17025-2018 TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 34 PRIVET DRIVE 70A VALLEY RD ETTERS, PA 17319-9019 ETTERS, PA 17319-8913 RE: WELLS FARGO BANK, N.A. v. TIMOTHY E. DEViNE and WENDY R. DEVINE, F/K/A WENDY R. GAUGER Premises Address: 532 BRIDGE STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10-6811 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 October 17, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided acco Very trulY. Your S, Al'TsorrF: Welis, Esquire - Attorney for Plaintiff Enclosure 254300 . Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas Plaintiff : : Civil Division v. : : CUMBERLAND County TIMOTHY E. DEVINE : WENDY R. DEVINE : No.: 10-6811 F/K/A WENDY R. GAUGER : Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 532 BRIDGE STREET 19 SALT RD NEW CUMBERLAND, PA 17070-1957 ENOLA, PA 17025-2018 TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 34 PRIVET DRIVE 70A VALLEY RD ETTERS, PA 17319-9019 ETTERS, PA 17319-8913 Phelan Hallinan & Schmieg, LLP k/ ^ ~ gy: DATE: l Melissa J. Cantwell, Es ' ATTORNEY FOR PLAINTIFF 254300 T } - -,... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff Civil Division V. TIMOTHY E. DEVINE CUMBERLAND County WENDY R. DEVINE F/K/A WENDY R. GAUGER No.: 10-6811 Defendants RULE J ? AND NOW, this day Ac-, -A A0v 2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COURT - J s 254300 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 QJu`'" TEL. (215) 563-7000 ?Vpl le? FAX: (215) 563-3459 Id 3I I I TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 532 BRIDGE STREET 19 SALT RD NEW CUMBERLAND PA 17070-1957 ENO / LA, PA 17025-2018 TIMOTHY E. DEVINE TIMOTHY E. DEVINE WENDY R. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER F/K/A WENDY R. GAUGER 34 PRIVET DRIVE 70A VALLEY RD ETTERS, PA 17319-9019 ETTERS, PA 17319-8913 254300 254300 Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendants ak _fT ,YRN?Y FOR PLAINTIFF , 1 10: 20 'U'1'13EF LAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6811 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 31, 2011 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 532 BRIDGE STREET NEW CUMBERLAND, PA 17070-1957 TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 19 SALT RD ENOLA, PA 17025-2018 TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 34 PRIVET DRIVE ETTERS, PA 17319-9019 TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER 70A VALLEY RD ETTERS, PA 17319-8913 Phelan Hallinan & Schmieg, LLP yk4i?z- DATE: By: Sheetal R. Sh -Jani Esquire Attorney for P ' i 254300 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 C.7 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A WENDY R. GAUGER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-6811 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h reto Exhibit 46 Melissa J. Cantwell, Esquire Attorney for Plaintiff Date: 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 14 24300 EXHIBIT "A"? C) Cl Z 0. ? a w o x? U v z z 75 W y . a O f ? Eaf zQo E ? ? U? CC _ pp C O .C ? v ? ? m E'?Wp 0 0 0 a - o ?° r3 o , `' E n e 04 E G. v ?1 E „ ? x E u c; O OO ? l O 7 A O ? n m o o v €,jy N ? Q .= g ? ?' ? u ? O LL b v ? ? x cn , ,?..a.o Q" E ? d f° W F F cO E oo-o o W , ?I (.L _ C O W, E ?I A ??roE v A a w W a ? w moo F a Q =tea ^? a a 'O o a N r11 0. Q C4 Gti W W W r z z ? z a ' w w > ° W o A A A A ? 964 ;4 ?4 ° z z A z z 0 3? 3 3 3 E ...i 0. W ? p cCV c?v cCC a; W ! ; z W z W W ? i.. ? aa a a A ? z rsS Q w ? w ° c L.L hU h F-?? =000 ?z 1 U C1 N N N .o . .. V) V) 1 I ^ ? N r? ?t ? ? h oo i o? ? o ? N r•-^• ? F- a Q M N di O N n 0 N .-r A Q ao oA y2 a? ? M ? a U ? 0.0. cl p y Q. W U ° S x ? ¢ a a`OOa I L. ? V) 'd N ? ? z¢o u o '3000d1Z W021-1 03"'VW T p N pOp A 6,? tC o £ 0 66 6 Z ZOd3S 99ZLLZtb000 L40 Wl z0 OWN s . s3M?9`++a ® Z w®?' A .?? ,eye ls s?' eovN ? od ? ? w ? a e 3.; .5 ?eA T N ? o a u ? o ? U o r 'b b e A N O C lW 1X . o ? U ? v 0 0 $ T u v? d 7 7 0 u C3 O O N O b U d y y N w - .:Ys r. O N .y. q g mgo u,a O U r Q W O ?"^ M ? .o . v a u ? ^ £ p? w 'a 4 ! F F P f7 y w ?, O ? U ? ' u w o r p 0 " W . ? o ?' a E [ G I C . ; O S +r A Uf a "s i 10 ? w ??n q w? ° w y r 7N J N wAa ° r+ y ?] ? p a a?i ° > d o Q Ur i? o° .,w Q a d 4. 0 w E" ?? ? ;? .q a k a r. .G a° W c q ti w z 3 ° B o .? ?'a A Q L r3 L _v a M w w o a ed o dQ w ++o r v?t/? o0o WW z " FrwiZ AU?U UAC?,x ?°o: ??wNx a r°z iO -k -k -k -% -k v w T O A .D d ? za C .-r N M rl' D l? 00 Q O .--i N M to v r. PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r- Attorney for Plaintiff Lti'NS WA " Y!_ It JA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. TIMOTHY E. DEVINE WENDY R. DEVINE F/K/A Defendant(s) WENDY R. GAUGER COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No.: 10-6811 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner 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 hereto Exhibit "A". Melissa J. Cantwell, Esquire Attorney for Plaintiff Date: IMPORTANT NOTI : 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 #254300 EXHIBIT "A" 0 0 v? a.. U' W o x? U z ?m < N U G r ^J C 'O ?- zQp o ? `tl U -. i. acC?i- 0.p ` f+ G ?O y C O .C o ? E p w to } E CvC x ? E w , c 4i ?! u o 0 v T 3 u E3 . bA g ° A EE E ? E vi ' Qr U v b E G ? N ? .'. U 1 ? U ? ? 6 . O 7 p C H M p U ? N ` r-' ?o O tfi N ` ? Q tff ° ? °' u v Q / Cy v ? U? JJ C I. W ? W { ?. N U 0.'i 0. Q. N W w _ v m°o?E ' e o E [•r H . W Lx. r L'.`' W oww.E" c o o a a? AN/ p e? W " ? ro E ,n A C A Q R' N '?1 CL Q M O? ct O v Gal ' W W W r w z z z z p > > > > o ,,_, w w w w ca r a A ? aw a cC a x F. z A Z h z r o tn 3 3 3 3 aw ?o > a. > > > L AA A A A b gu W Q W :s W Q x C4 a c c ? r5 ?, o ?v ? u k' r!'_. 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