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HomeMy WebLinkAbout10-7562Phelan 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 251187 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS 180 WAGNER DRIVE CARLISLE, PA 17013-8197 KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS 65 LORETO AVENUE ROCHESTER, NY 14623 PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS 244 COMMUNITY MANOR DR, APT 4 ROCHESTER, NY 14623 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED 180 WAGNER DRIVE CARLISLE, PA 17013-8197 Defendants File #: 251187 Of T~~ ~ a NONOTARY 1010 DEC -$ A1~ 10~ ~6 ''E1`v?BERLAtsO COIJRTY R~~;jt~5YLYAHIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ' b -~ S~. ~' CUMBERLAND COUNTY ~~ a ~~~ a~ a~~~n355~~ ~~~ ~S~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 251187 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: MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS 180 WAGNER DRIVE CARLISLE, PA 17013-8197 KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS 65 LORETO AVENUE ROCHESTER, NY 14623 PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS 244 COMMUNITY MANOR DR, APT 4 ROCHESTER, NY 14623 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED 180 WAGNER DRIVE CARLISLE, PA 17013-8197 who is/are the real owner(s) of the property hereinafter described. 3. On 12/09/2008 DONALD G. MYERS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200839962. 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 File #: 251187 Plaintiff from its obligations to attach documents to pleadings if those documents aze of 4. 5. 6. public record. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts aze due on the mortgage: Principal Balance $130,087.12 Interest $2,874.26 OS/01 /2010 through 09/ 11 /2010 Late Chazges through 09/11/2010 $112.62 Property Inspections/Property Preservations $30.00 Escrow Deficit $~'t9.OR TOTAL $133,443.08 7 8 Plaintiff is not seeking a judgment of personal liability (or an in nercc,nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate 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 dischazged 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 File #: 251187 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. 9. Mortgagor DONALD G. MYERS died on 06/15/10, and MARK MYERS and KELLY R. MYERS were appointed Co-Administrators of his estate. Letters of Administration were granted to them on 07/22/10 by the Register of Wills of Cumberland County, No. 21-10- 0739. Decedent's surviving heir(s) at law and next-of--kin are MARK MYERS, KELLY R. MYERS, and PATRICIA A. MYERS. 10. Plaintiff does not hold the named Defendant(s), MARK MYERS, KELLY R. MYERS, and PATRICIA A. MYERS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa. R.C.P. 1144(a)(2) and 20 Pa. C.S.A. § 301(b). File #: 25118'7 WHEREFORE, Plaintiff demands an in rnm judgment against the Defendant(s) in the sum of $133,443.08, together with interest from 09/11/2010 at the rate of $21.83 per diem to the date of judgment, and other costs, fees and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHET, N 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 Attorneys for Plaintiff File #: 251187 LEGAL DESCRIPTION ALL that certain tract in Middlesex Township, Cumberland County, Pennsylvania, BEGINNING at a point in the center line of the right-of--way of Wagner Drive (T-495) which said point of beginning is located 400.00 feet South 86 degrees 00 minutes West along the center line of said Wagner Drive from the line of property now or formerly of Paul B. Adams, Sr.; thence from said beginning point South 4 degrees 00 minutes East 200.00 feet to a stake; thence South 86 degrees 00 minutes West 100.00 feet to a stake; thence North 4 degrees 00 minutes West 200.00 feet to a spike in the center line of said Wagner Drive; thence by the center line of Wagner Drive North 86 degrees 00 minutes East 100.00 feet to a spike in the center line of said Wagner Drive, the place of Beginning. Description according to a survey dated February 23, 1972 and attached hereto. BEING THE SAME PREMISES which Charles R. Delancey and Marcia A. Delancey, husband and wife, by Deed dated March 12, 1976 and recorded March 12, 1976 in Book M, Volume 26, Page 307 at the Cumberland County Recorder of Deeds Office, granted and conveyed unto Catherine I. Kuykendall, now known as Catherine I. Piper, widow, Grantor herein. PROPERTY ADDRESS: 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 PARCEL # 21-13-0966-016A File #: 251187 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. G ~- ~ Att rney for Plaintiff DATE: ~ ~ ~ D File #: 251187 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` r I ?r r Sheriff r Jody S Smith ' ? , Chief Deputy +' "? Richard W Stewart ? r } ` a+ ?' : / Solicitor f ? s y t:r RIFF CAF i.E - - ;; ? ? rr .? ailF Wells Fargo Bank, NA vs. Mark Myers (et al.) Case Number 2010-7562 SHERIFF'S RETURN OF SERVICE 12/21/2010 09:15 AM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2010 at 0915 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark Myers, by making known unto himself personally, at 19 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. r VALERIE WEARY, DEPUTY 12/21/2010 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: Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Donald G. Myers, Deceased, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Unknown Heirs. Request for service at 180 Wagner Drive, Carlisle, Pennsylvania 17013 is vacant. 12/21/2010 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: Patricia A. Myers, 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 Patricia A. Myers. Request for service at 180 Wagner Drive, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Patricia A. Myers has moved from 180 Wagner Drive, Carlisle, Pennsylvania 17013 and left no forwarding address. 12/28/2010 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: Kelly R. Myers, 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 Kelly R. Myers. Request for service at 180 Wagner Drive, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Kelly R. Myers has moved and left no forwarding address. SHERIFF COST: $101.80 December 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ri Couety5uite Shertt. I&OCS011 Inc. AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 251187 DEFENDANT SERVICE'rEAM/hzc MARK MYERS COURT NO.: 10-7562 ; C" .y KELLY R. MYERS - PATRICIA A. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL r7 PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED SERVE KELLY R. MYERS AT: TYPE OF ACTION. 65 LORETO AVE XX Mortgage Foreclosure ROCHESTER, NY 14623-3744 XX Civil Action SERVED Served and made known KF R YF..R , Defendant on the A- day of, ire, 20 It , at o'cloc . M., at JaAb a. in the manner described bel ?fendant?ersonally s65 - erved. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: D riptio?;, AgeStO _ Height -g L Weight ?10 Race Sex t_ Other I, A' Vn\'Qft0?&6 a competent adult, being duly sworn according to law, depose Jd state that I personally ban ed a true correct copy of the Foreclosure Com t in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me thisa day of _. 20 1J On the day of _ Vacant Not _ No Answer on *-k--at _ Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: LINDSAY S. CAVANAUGH Not&j flt b9c, State of New York Flog. 'Pol CX6039= Quertifled In Lawi Courtty Commission Expires April 3, 20.? o'clo4M _ M., Defendant NOT FOUND because: _ Moved - Does Not Reside (Not Vacant) at _ ATT Lavaaar T. P6ds, Baaah. Id. No. 32227 _ Fonda & Ha0hr0. Faq, Id. Na 63695 Daniel G. Sehwits Eq, W. No. UM Mkhek M.9odrord, Eaq, W. Na 69849 JaMh T. )2aMan%Eq., W. Na SP45 Shalal R SWhlwi, bq., W. Na 1760 Jadae it. Davey, Eaq, hL Na 07077 Imren R lihaa, Evq., W. Na 97337 Vivek SrivaAan, Eaq, W. Na 203371 Jar B. J-%6 E.q., W. Na 66657 Paer J. Molohy, E.q, W. Na 61791 Aadm L Spivak Eaq, W. Na 8439 Jdoe MaCaitowk sell., W.. Na 9134 Chriavahaie P. FWhea, Fry., W. No. 94670 Jaahm L Goldam% Es% W. W WS0,17 caaloq R. Data, Eq., W. Na 206779 Andrew C. Brae,hiep, E.y., W. Na 2083'/S ? 9y?F.. Wdk,, E0% W. Na 3M9 1617 Jahn F. Kwady akd. Sidle 1400 Ph1Yddo* PA 191021-1014 (215)563.7000 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S Hallinan Esq Id No 62695 01 FEB 22 . , ., . . Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 2 1? UF4BER SYHO pN? ?, 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY MARK MYERS, IN HIS CAPACITY AS CO- No. 10-7562 ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE S t?y a( OKA slo.oo Pd CLA 106737a ak X55 q89 !r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL EG, LLP B Date: February 17, 2011 U La c?I . Phelan, Esq., Id. No. 2227 Francis S. Hallinan, Esq., Id. No 2695 ? Daniel G. Schmieg, Esq., Id. . 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 ? Audrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff /npe, Svc Dept. File# 251187 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. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS; PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) .'ref HONOTAR 2011 FEB 24 AI4 I0, 12 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 10-7562 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER J? I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following person: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED at 180 WAGNER DRIVE, CARLISLE, PA 17013-8197, on FEBRUARY 23, 2011, in accordance with the Order of Court dated FEBRUARY 7, 2011, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: February 23, 2011 PHELANYA/L 1QAN & SCHMIEG, LLP By: Lawrence . h an, Esq., Id. No. 32227 Francis S. inan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff PHS# 251187 SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson -" C Sheriff w O rr-; --q Jody S Smith w n rep °Q Chief Deputy - Richard W Stewart Solicitor =tfi' r-- . %_0 Wells Fargo Bank, NA vs. Case Number Mark Myers (et al.) 2010 -7562 SHERIFF'S RETURN OF SERVICE 02/22/2011 08:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2011 at 2055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, pursuant to order of court by posting the premises located at 180 Wagner Drive, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. ROB RT BITNER, DEPUTY SHERIFF COST: $39.40 February 23, 2011 SO ANSWERS, RONI?TY R ANDERSON, SHERIFF d 'r 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) n1i '3 Z, i 1 MAR 21 AM 9: , - c;tlPENNS LDVAK A T ATTORNEYS FOR PLAINTIFF : Court of Common Pleas : Civil Division CUMBERLAND County No. 10-7562 AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated FEBRUARY 7, 2011 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in the CUMBERLAND LAW JOURNAL on MARCH 4, 2011 and THE SENTINEL on MARCH 4, 2011. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & SCHMIEG, LLP By: ' V V Phelan HallinanSchmieg, 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 Attorneys for Plaintiff Date: March 18, 2011 PHS #: 251187 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz March 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORN TO AND SUBSCRIBED before me this 4 day of March 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2 8, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECL08URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-7562 WELLS FARGO BANK, N.A. VS. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS; KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS; PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED NOTICE TO UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS, AND ALL PER- SONS, FIRMS, OR ASSOCIA- TIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED: You are hereby notified that on DECEMBER 8, 2010, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of CUMBERLAND County Pennsylvania, docketed to No. 10- 7562. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 whereupon your prop- erty would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Mar. 4 16 CJL7 I-Tj F {? Co ; ;• , Co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. V. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7562 CUMBERLAND COUNTY ET AL. AND NOW, this ORDER day of *b , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and all future pleadings on the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1); and by mailing a true and correct copy of the complaint by Regular mail; and by posting the mortgaged premises at 180 WAGNER DRIVE, CARLISLE, PA 17013. t „' . It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: J. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. MARK MYERS IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Attorney for Plaintiff CD -M ? ? rii 7> - = .. a - _+ Cx) 3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 10-7562 % 1(4.COpd 4"JI-- e*a5?g ? ND?4e rw°" le.1 251187 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 MARK MYERS IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS, KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS, PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $133,443.08 Interest - 09/12/2010 to 04/08/2011 $4,562.47 TOTAL $138,005.55 I hereby certify that (1) the Defendants' last known addresses are 180 WAGNER DRIVE, CARLISLE, PA 17013-8197,65 LORETO AVE, ROCHESTER, NY 14623-3744,19 PARTRIDGE CIRCLE, CARLISLE, PA 17013 and 244 COMMUNITY MANOR DR, APT 4, ROCHESTER, NY 14623-2776, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date (I DAMAGES ARE HEREBY ASSESSED AS INDICATED. /? ' l DATE: PHS # 251187 cc: HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 ? Law nce Lallinan, n, Es ., d. No. 32227 ? Fr cis S. Es Id. No. 62695 ? niel G. , q., Id. No. 62205 ? ichele Mrd, 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 Attorney for Plaintiff PROTHONOTARY 4' - 251187 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. MARK MYERS IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 10-7562 251187 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) MARK MYERS IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS, KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS, PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS 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 MARK MYERS IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS is over 18 years of age and the Defendants' last known addresses are 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 and 19 PARTRIDGE CIRCLE, CARLISLE, PA 17013. (c) that defendant KELLY R. MYERS IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS is over 18 years of age and the Defendants' last known addresses are 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 and 65 LORETO AVE, ROCHESTER, NY 14623-3744. (d) that defendant PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS is over 18 years of age and the Defendants' last known addresses are 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 and 244 COMMUNITY MANOR DR, APT 4, ROCHESTER., NY 14623-2776. (e) that Plaintiff is without information sufficient to determine whether defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED 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. 251187 (f) that Plaintiff is without information sufficient to determine whether Defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED are over 18 years of age and resides at 180 WAGNER DRIVE, CARLISLE, PA 17013-8197. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date 1-111, I., Id. No. 32227 LJ Fra is S. allinan, sq., Id. No. 62695 ? D iel G. chmieg, sq., Id. No. 62205 ? Michele rd, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 251187 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. MARK MYERS IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS KELLY R. MYERS IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION : No. 10-7562 Notice is given that a Judgment in the above captioned matter has been entered against you on 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 ? 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 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 R ILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.- 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON v. Plaintiff NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED 180 WAGNER DRIVE CARLISLE, PA 17013-8197 DATE OF NOTICE: March 28, 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 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. PHS # 251187 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 L wre ce T. Phelan, Esq., Id. No. 2227 F nci S. Hallinan, Esq., Id. No. 2695 Da ie G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 0 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS 244 COMMUNITY MANOR DR, APT 4 ROCHESTER, NY 14623-2776 DATE OF NOTICE: March 28, 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. IWORTANT 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. PHS # 251187 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31Ja? L ence T. Phelan, Esq., Id. No. 2227 is S. Hallinan, Esq., Id. No. 2695 an el G. Schmieg, Esq., Id. No/ 62205 'ghele 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS 180 WAGNER DRIVE CARLISLE, PA 17013-8197 DATE OF NOTICE: March 28, 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. IWORTANT 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. PHS # 251187 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-316¢ By: - J? / L/ til T. Phelan, Esq., Id.No. 3 27 Hallinan, Esq., Id. No. 6 695 chmieg, Esq., Id. No. 6 205 . 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. V. Plaintiff MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7562 CUMBERLAND COUNTY TO: KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS 65 LORETO AVE ROCHESTER, NY 14623-3744 DATE OF NOTICE: March 28, 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 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. PHS # 251187 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. 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: La T. Phelan, Esq., Id. No. 2227 F an is S. Hallinan, Esq., Id. No. 2695 an' I G. Schmieg, Esq., Id. No. 2205 i ele M. Bradford, Esq., Id. No. 69849 J ith T. Romano, Esq., Id. No. 58745 S eetal R. Shah-Jani, Esq., Id. No. 81 0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS 180 WAGNER DRIVE CARLISLE, PA 17013-8197 DATE OF NOTICE: March 28, 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 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. PHS # 251187 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 HERE 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. 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: La re ce Tr- flan, sq., Id. N 32227 Fr ci S. Hallinan, Esq., Id. N . 62695 D ie G. Schmieg, Esq., Id. N . 62205 Mi h le M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 60 Jenine R. Davey, Esq., Id. No. 870 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE -ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS 180 WAGNER DRIVE CARLISLE, PA 17013-8197 DATE OF NOTICE: March 28, 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 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. PHS # 251187 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. 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: L r e Phelan, Esq., Id. N .32227 Fr is S. Hallinan, Esq., Id. N .62695 D i I G. Schmieg, Esq., Id. o. 62205 M ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS 19 PARTRIDGE CIRCLE CARLISLE, PA 17013 DATE OF NOTICE: March 28, 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 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. PHS # 251187 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. 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: L wr nce T. Phelan, Esq., Id. N . 32227 F c s S. Hallinan, Esq., Id. N . 62695 D i 1 G. Schmieg, Esq., Id. No. 62205 Mic ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-7562 MARK MYERS, IN HIS CAPACITY AS CO- CUMBERLAND COUNTY ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) TO: ESTATE OF DONALD G. MYERS C/O HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 DATE OF NOTICE: March 28, 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. E"ORTANT 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. PHS # 251187 • 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. 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: L ence T. Phelan, Esq., Id. No. 2227 anis S. Hallinan, Esq., Id. No. 2695 ni 1 G. Schmieg, Esq., Id. No 62205 Mi ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251187 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. , PHS # 251187 Ci - W - --i DEFENDANT SERVICE TEAM/ lxh L , !' MARK MYERS COURT NO.: 10-7562 ?M C 4 KELLY R. MYERS PATRICIA A. MYERS 0 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL r-- PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, ;, "- t `3 DECEASED rY a • r :X r- SERVE MARK MYERS AT: TYPE OF ACTION 19 PARTRIDGE CIRCLE XX Notice of Sheriffs Sale CARLISLE, PA 17013 SALE DATE: 09/07/2011 SERVED Served and made known to MARK MYERS , Defendant on the l day of I 20 ! 1 , at ('0:11 , o'clock 1. M., at 19 MAIN 0&fi GA, ('*AC4SLfi t*, in the manner described below: ? Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age -4 s Height _!5'!g Weight 1(o S Race CJ Sex M Other I, 24W#L-P A L L , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4t teu DATE: 7 (' NAME: PRINTED NAME: p4 iV G I-4 MD LL- TITLE: Noci-5s s>p &I-C4 NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 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. Schemer, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 PLAINTIFF AFFIDAVIT OF SERVICE WELLS FARGO BANK, N.A. CUMBERLAND COUNTY PHS # 251187 DEFENDANT SERVICE TEAM/ lah MARK MYERS COURT NO.: 10.7562 KELLY R. MYERS PATRICIA A. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED SERVE PATRICIA A. MYERS AT: TYPE OF ACTION 244 COMMUNITY MANOR DR XX Notice of S6erifrs Sole APT 4 SALE DATE: 09107!1011 ROCHESTER, NY 146234776 /s. rnco f +1 r'r1 ? t/7r- ? SERVED Served and made known to PATRICIA A. MYERS , Defendant on then day of 'MC I!4 f? at o'clock?. M., at 4 L1 rp N?10n?r (? in the manner described bel w: fendant personally served. cx ti4SJQI, ?( - Adult family member with whom Defendant(s) reside(s). handed a true d correct copy of the Notice of Sheriff's Sale in the manner as set fortl?her?ier issued in the captioned case on the date and at the address indicated above. /1? 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: i Description: Age_ Height l? Weighty- Race Sex Other ? Q a competent adult, being duly sworn according to law, depose and state that I personally I ? == =py of the Notice of Sheriffs Sale in the manner as set f0 issued in the captioned Sworn to and subs bed before me this day of Notary: On the _ day of SANDRA L. TAGLIAMONTE Notary Public - State of New York No. 01 TA6239715 Qualified in Oneida County rqy Commission Expires April 25, 2015 MC )LAT NOT SERVED at_ o'clock _. M., Defendant FOUND because: - Vacant - Does Not Exist - Moved No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PL•A><N= 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 - Does Not Reside (Not Vacant) Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Chrisovalanse P. Fbakos, 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. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 C:r t_ C N d ?.A _.1 k.? k AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PITS # 251187 DEFENDANT SERVICE TEAM/ lxh MARK MYERS COURT NO.: 10-7562 KELLY R. MYERS PATRICIA A. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAI IING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED SERVE KELLY R. MYERS AT. 65 LORETO AVE ROCHESTER, NY 14623-3744 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/07/2o11 C r--. `J SERVED erved and made known to KELLY R. M RS ,, Defendant ?t the a day of 20 at o'clock ?. M., at ro l o[e 4„ d ?? ?? ?1 d the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Z?, LAW _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: _ Description: Age Height Weight A0 W Sex Other I, ?n eA competent adult, being duly sworn according to law, depose and state that I personally handed a true a 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. A .i sworn toand subs 'bed SANDRA L. TAGLIAMONTE before a this I? day Notary Public - State of New York of _= J 201, No. 01 TA6239715 Qualified in Oneida County Notar td,Vi y Commission Expires April 25. 2015 ? , - i'n61-b NOT SERVED On the _ day of 20at _ o'clock M., Defendant NOT T Vacant _ Does Not Exist _ Moved _ Does Not _ No Answer on at , at _ Service Refused Other: Sworn to and subscribed before me this day of 0 By: Notary: ATTORNEY FOR pLA11V77FF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinao, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jam, Esq., Id. No. 81760 Jemne R. Davey. Esq.. kL No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ) because: (Not Vacant) Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Cbrisovalante P. Fiiakos, Esq., Id. No. 94620 Joshua I Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Btamblett, 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 r`-J C N) q 4~ r7_ -y ? +? -rl f? q Or THE PROTH©NOTAR 2011 JUN 22 AM 10-- 15 Phelan Hallinan & Schmieg, LLP CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTAT OF DONALD G. MEYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7562 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 December 8, 2010. 2. Judgment was entered on April 12, 2011 in the amount of $138,005.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 251187 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 September 7, 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 Interest Through September 7, 2011 Per Diem $21.83 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow Deficit $130,087.12 $10,771.21 $112.62 $2,075.00 $3,026.43 $1,245.00 $1,238.01 TOTAL $148,555.39 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 June 15, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true 251187 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 61011 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 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 ? W*lkiam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 251187 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MEYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants CUMBERLAND County No.: 10-7562 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DONALD G. MYERS 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 180 WAGNER DRIVE, CARLISLE, PA 17013-8197. 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. 251187 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 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. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 251187 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. 251187 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 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 251187 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 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. 251187 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 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. 251187 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 251187 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. IV. 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. 251187 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 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 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 ? Wi iam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 251187 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. MARK MYERS IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Attorney for Plaintiff ATTORNEY FILE COPY R PLEA;SE RETURN I 1 ~ _ Yz.? CUMBERLAND COUNTY ` t COURT OF COMM{ CIVIL DIVISI No. 10-7562 251187 --d E..; 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 MARK MYERS IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G MYERS, KELLY R. MYERS IN HER CAPACITY AS CO-ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G MYERS, PATRICIA A. MYERS IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $133,443.08 Interest - 09/12/2010 to 04/08/2011 $4.562.47 TOTAL $138,005.55 I hereby certify that (1) the Defendants' last known addresses are 180 WAGNER DRIVE, CARLISLE, PA 17013-8197, 65 LORETO AVE, ROCHESTER, NY 14623-3744,19 PARTRIDGE CIRCLE, CARLISLE, PA 17013 and 244 COMMUNITY MANOR DR, APT 4, ROCHESTER, NY 14623-2776, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1,/ DateC DAMAGES ARE HEREBY DATE: ASSESSED AS INDICATED. tJ 1 7niccliG4 . Ph , Id. No. 32227 0 Fs S. IallinaH-': Id. No. 62695 cIimicg Id. No. 62205 ? Michele M.. r, q., Id. No. 69849 ? Judith T:;Romano, Esq., Id. No. 58745 El Sheetal R. Shah-Jani, Esq., Id. No. 81760 El Jenine R. Davey, Esq., Id. No. 87077 [] Lauren R. Tabas, Esq., Id. No. 93337 El Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 Q Peter J. Mulcahy, Esq., Id. No. 61791 Q Andrew L. Spivack, Esq., Id. No. 84439 RChrisovalante 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 Attorney for Plaintiff YROTHON OTAR PHS # 251187 cc: HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 251187 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 June 15, 2011 HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 RE: WELLS FARGO BANK, N.A. v. MARK MYERS, KELLY R. MYERS, PATRICIA A. MYERS and UNKNOWN HEIRS,. SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Premises Address: 180 WAGNER DRIVE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-7562 Dear Counsel, 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 June 20, 2011. . Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trkePhelan., rs, LN Lawren Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire 251187 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Wjpiam E. Miller, Esquire Enclosure 251187 0 a? W O u z ¢ z4 U z? ?a z ? a O ^a L C ? CQ y C R ? w z¢o N ? R f1 . 1 0; 6 1. 3G0 J dIZ W08-1 ail IVV4 c ° a L6OZ SLNn 9SZi.LZb000 o o N.? Wl ZO 9Z34 Eo.a F o _ y $ o O O y O ? IVAOIA h3Nlid G - ? y q b Q ? ? H o c C4 R C c P O O o L_ N G V r+ V1 ? ? G N I+I _ y r ? R V W .k b O •d =F ? aOp N U 5?y ? M o v .? >° c w O 0 ?•v c?iD f? °q ? , oo E E . W . ooFo w ? ,n C w 7 a ° g c o ° .. E y ? U L V V V3 ? ? W r yAOC, Hs y?x W ^C a ,b ?, x E > U w ~ a o W z ? C W °w ? a a cr r? w >; a V U ° N ' 40 w z x H a z -- N u ¢ a w , ° m ?b ?N a ..a --? N M ?t V? ?O l? 00 O\ O N M d' ? H kr) N Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MEYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7562 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. 251187 HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 DATE: ?C Phelan Hallinan & Schmieg, LLP By: Lawrence T. P elan, 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 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 251187 WELLS FARGO BANK, N.A., PLAINTIFF V. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATOR OF THE ESTATE OF DONALD G. MYERS, PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7562 CIVIL ORDER OF COURT cnri r- N t AND NOW, this 23rd day of June, 2011, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before July 13, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is ?Me 1, ssa S Sct?e? h e? s?. ? P"e-,4 iC ?, I rc y s? directed to forward said Answer to this Court. By the Court, '\ M. L. Ebert, Jr., v 0 J. 9 r:: Melissa Scheiner, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire bas Phelan Hallin n & Schmie LLP 1617 JFK Boulevard, Suite 1g?00 One.Penn Center Plaza Philadelphia PA 19103 215-563-7040 WELLS FARGO BANK, N.A. Plaintiff, V. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7562 c: r-1 ? -*: c r- -U -<D ri z:• C:D --rs C o °-n C:.)- D °rri --a -< C: c AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED on MAY 10, 2011 in accordance with the Order of Court dated FEBRUARY 7, 2010. The property was posted on MAY 10, 2011. Publication was advertised in THE SENTINEL on JUNE 11, 2011 & in CUMBERLAND LAW JOURNAL on JUNE 17, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. DATE: Lawrence T. Schmieg, LLP sq., Id. No. 626-15 ? Daniel G. Schmieg, Esq., Id. No. 62 5 ? Michele M. Bradford, Esq., Id. .69849 ? Judith T. Romano, Esq., Id. o. 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 ? Co ay R. Dunn, Esq., Id. No. 206779 llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF ;- a r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS LARGO BANK, N.A. V. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS ET AL. COURT OF COMMON PLEAS CIVIL, DIVISION NO. 10-7562 CUMBERLAND COUNTY ORDER AND NOW, this 74 day of :Pb , 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and all future pleadings on the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1); and by mailing a true and correct copy of the complaint by Regular mail; and by posting the mortgaged premises at 180 WAGNER DRIVE, CARLISLE, PA 17013. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: W ?o ?. = v i w N C ?p 00 w N .» 3 a? ? o ' z 1E dF x az z a o ti z a z vm n r ° CAD c 0 3 77 CCD a ^o ny? ? z rz o ?C oa r <- zr ul? rb dr o oo?? ?o > a ? d 0 n a 0 z a 3 z b 0 ?PS?s P?STq? F a 'z x F ? rIrwrv ow s ti $ 01 260 0 2 1 fv1 . 000427-1256 MAY! CJ 2'11 MAILED FROM ZIP CODE '.9. yam a A ? CO. I?z S x b° r a? ?o Y Wiz ?n =x A.n A O O AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 251187 DEFENDANT - SERVICE TEAM/ 1xh MARK MYERS COURT NO.: 10-7562 KELLY R. MYERS PATRICIA A. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED SERVE UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL TYPE OF ACTION PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriff's Sale TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, SALE DATE: 09/07/2011 DECEASED AT: 180 WAGNER DRIVE CARLISLE, PA 17013-8197 **PLEASE POST PROPERTY PER COURT ORDER** SERVED Served and made known to UNKNOWN HEIRS SUCCESSORS ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS DECEASED , Defendant on the i day of M41 20 t( at bQ o'clock --,D M., at I go V44 Be t4 St.a< IAA, in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ? Other: 0 ST>Fh -F20 ru TY. T Description: Age Height Weight Race Sex Other I, K6W4--t_0 A,16 LL , a competent adult, hereby verify that I personally p0true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 5 O II NAME: La-? PRINTED NAME: Rd 1V + f-b ADD (,L TITLE: z C ess seg y Cg NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 T -,- R Tahac Fc, hi N, 011'l'7 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Willi- F N/1;11"- P., I'l N., 'AORQ5I 0* PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th , 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 11, 2011 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication re true. Sworn to nd subs crib before me this 7),rqr?. Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 . LLP 00 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz JU11G 1 /, LUI I Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. +L'saarie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 17 day of June 2011 G Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-7562 WELLS FARGO BANK, N,A. vs. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS & KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS & PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS & UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS & UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIM- ING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MY- ERS, DECEASED. Your house (real estate) at 180 WAGNER DRIVE, CARLISLE, PA 17013-8197 is scheduled to be sold at the Sheriff's Sale on SEPTEM- BER 7, 2011 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $138,005.55 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff June 17 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Being Premises: 180 WAGNER DRIVE, CARLISLE, PA 17013-8197. Being in MIDDLESEX Township, County of CUMBERLAND, Common- wealth of Pennsylvania. 21-13-0966-016A. Improvements consist of residen- tial property. Sold as the property MARK MY- ERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS & KELLY R. MYERS, IN HER CAPAC- ITY AS CO-ADMINISTRATRX AND HEIR OF THE ESTATE OF DONALD G. MYERS & PATRICIA A. MYERS, E PROTHONOTAR`3 2011 JUL 18 ASR 9: 0q CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MARK MYERS, IN HIS CAPACITY AS CO- ADMININISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATOR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants CUMBERLAND County No.: 10-7562 MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on June 22, 2011. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division 251187 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to Counsel for the Defendants on June 15, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about June 23, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto; made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 13, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phela Hallinan & Schmieg, LLP DATE: ?J I By. ? Lawrence T. P Nan, 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 ?'l?lelissa J. Scheiner, Esq., Id. No. 308912 /ATTORNEY FOR PLAINTIFF 251187 Exhibit "A" 251187 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 June 15, 2011 HUBERT X. GILROY, ESQUIRE 10 EAST HIGH STREET CARLISLE, PA 17013 RE: WELLS FARGO BANK, N.A. v. MARK MYERS, KELLY R. MYERS, PATRICIA A. MYERS and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Premises Address: 180 WAGNER DRIVE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-7562 Dear Counsel, 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 June 20, 2011. . Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ours, Lawren Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 7[114'7 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire am E. Miller, Esquire lissa L Sc,heiner, Esquire -- Enclosure 761127 O O a? a W o x? U ? o U a0ss b Eav? zao D ' G ? ccM N v G TO ro G C O C 'G ? o E C N V U E o ? fE C U U E E ? ? ? c o u ,S m°u a 3 , U o o w E ? ? E ? 01 ? c v v u E u m aE 6 ? _ x g Ef C ?,cc? O F CD _ N U U 49 O d o g° u ? U o 7i c Q d m u? m a P. T ., ?o°nc°='E ? C O R ? C ow E? E ai v ? o ,., '0 0 c b a x CJ u ? O x 0 c ^C o a G ? W v ..T a y 'E °w d a rn w ? d U U ?/ o ° a? w CL. z x 4 °a z x N CL o, ?0 N °O r'ZCi H r- Vl N l J Exhibit "B" 251187 WELLS FARGO BANK, N.A., PLAINTIFF V. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY : AS CO-ADMINISTRATOR OF THE ESTATE OF DONALD G. MYERS, PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7562 CIVIL ORDER OF COURT c Q7 Mm -r fir' 70 : r- ? n N w C7 r _ -r _c r te AND NOW, this 23rd day of June, 2011, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before July 13, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is '?r''le 1. ssa ? Scti+ei., cam, ? .s?. SOP • is 1Nt a • lc?/r G /a3?, r directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J, 8g <' Melissa Scheiner, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire bas Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MARK MYERS, IN HIS CAPACITY AS CO- ADMiNINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATOR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7562 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. HUBERT X. GILROY 10 EAST HIGH STREET CARLISLE, PA 17013 Phelan Ha inan & Schmieg, LLP DATE: Jr l By:C. J---. ' ? La ence e T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 251187 ? 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 ? iam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 251187 `ts - -- W d m C-- 47?-- LC-TJ fTl D t' C2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. MARK MYERS, IN HIS CAPACITY AS CO- ADMININISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATOR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7562 tV% ORDER AND NOW, this 1,b day of LA I , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: 251187 Principal Balance Interest Through September 7, 2011 Per Diem $21.83 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow Deficit TOTAL $130,087.12 $10,771.21 $112.62 $2,075.00 $3,026.43 $1,245.00 $1,238.01 $148,555.39 Plus interest from September 7, 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. ?' v Melissc LA. SCheiner, Fes, 14uber+ X. gi ( rock , bt M? ?/,01 fliq BY THE COURT J. 251187 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY V. MARK MYERS KELLY R. MYERS PATRICIA A. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION a r-Y .U .+ trlf:: No.: 10-7562 G`' ..,r D c, n , ,Y zn C c- 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 C ai et Receipt stamped by the U.S. Postal Service is attached her x ibit "A". Allison F. Wills, Esq. Id. No 309519 orney or amts ?/ Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a re resentati le 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 # 251187 EXHIBIT A S u e Q H u ? E p c u o ? ? c yp 3 y m o (? 8 u ° z 2? ? o a v??? z apc oQ. ? ? 8 w ?. o Quo w o?L Q to c ? 4 A W ?, ov?? ? q W ? ?+ ,..,, w ? y E AA F h z ? H ? IC: C ,a .? o x o y O .ef pip O.r ?" _Q ? F'+ v W q er .3 W Q "? w a, 44 -? L 40 v rn '• 6! 'C iE ? (? 3 N W ? u 00 N L. M fs+ y, N? tz, 00 f t-'. °' a+ a ar ? p C w y 0 d? 0 C o O A, - LS. `jfS?a aU on $,, Q >^ o 0 o"uy^" ?3dw let wQAW.°?. ( W ,RS" tyCZ7Ww u o ?'" R o a a0i QQ w?., aw Q a??o.O Oaw 0.wa?` ! v, Q -.a o as c woo cx w+ F ha. 'g yo?d +. i°_ 0 8 o c . n ?' ° ?am?.?O C?7a ao w=`t 63 v a ° cr, ?tfS7 q.? a v W of AOpt? oo- QGYQ..z?plR w' ..L o c c cv Wo 8 BZ` `° a. ?. aAd '''? F- 5U7w^?3vaF.?' o0 CL. , a Z oo " o o o p ?. v o w 3 's ' O a >! O, W .,, v? E,, ?{? ° F^VAU?UUAp co ?v?v; X000 L. ,to?aaQQacw?? g ? -k V R * -k -k y 'L7 ? I v O *. N a ...._ - a u kn b ? ? H 00 ON ^O lV M et a v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff . A??tm nt u?t?rxbrrt. r Jody S Smith Z1 . ' Chief Deputy ? t? ? i3 f di ! r ,_ Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Mark Myers (et al.) Case Number 2010-7562 SHERIFF'S RETURN OF SERVICE 05/20/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Kelly R. Myers at 65 Loreto Avenue, Rochester, NY 14623. The return receipt card was signed by Sue Wirster on 5/18/11 and returned to the Cumberland County Sheriffs Office. 05/20/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Patricia A. Myers at 244 Community Drive, Apt 4, Rochester NY 14623. The return receipt card was signed by Sue Wirster on 5/18/11 and returned to the Cumberland County Sheriffs Office. 06/22/2011 11:15 AM - Deputy Gerald Worthington, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon the property located at 180 Wagner Drive, Carlisle, PA 17013, Cumberland County. 06/23/2011 08:40 PM - Deputy Tim Black, 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: Mark Myers at 19 Partridge Circle, Carlisle, PA 17013, Cumberland County. 06/23/2011 08:14 PM - Deputy Tim Black, being duly sworn according to law, attempted service to the Defendant, to wit: Unknown Heirs at 180 Wagner Drive, Middlesex Township, Carlisle, PA 17013. The address was found to be vacant. 06/27/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Unknown Heirs of Donald G. Myers, Deceased, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 180 Wagner Drive, Carlisle, PA 17013, property is vacant. 06/28/2011 Timothy Black, Deputy Sheriff„ 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: Mark Myers at 19 Partridge Circle, Carlisle, PA 17013, Cumberland County. 09/08/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Secretary Of Veterans Affairs, of,1000 Liberty Ave, Pittsburgh, PA 15222, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $829.81 SO ANSWERS, October 21, 2011 S(? L.L Pei, RON R ANDERSON, SHERIFF (c CountySuite Sn2rrtf. i C, POSOtt. Inc. On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 180 Wagner Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 B Naa-?tZ4?1 , Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7562 Civil Wells Fargo Bank, NA vs. Mark Myers In his capacity as Co-Administrator and Heir of The Estate of Donald G. Myers Kelly R. Myers In her capacity as Co-Administrator and Heir of The Estate of Donald G. Myers Unknown Heirs Successors, Assigns, and All Persons, Firms or Associations Claiming Right, Title or Interest from or Under Donald G. Myers, Deceased Patricia A. Myers In her capacity as Heir of The Estate of Donald G. Myers Atty.: Daniel Schmieg WELLS FARGO BANK, N.A. vs. MARK MYERS, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF DONALD G. MYERS, KELLY R. MYERS, IN HER CAPACITY AS CO-ADMINISTRATROX AND HEIR OF THE ESTATE OF DON- ALD G. MYERS, PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIM- ING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED, owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 180 WAGNER DRIVE, CARLISLE, PA 17013-8197. Parcel No. 21-13-0966-016A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $138,005- .55. 50 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie oyne, Editor SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 A/ IK14i?111?? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Techndlogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot Dews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Denali of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 Sworn to and scribed befc Notary Public ofAugust, 2011 A.D. 18# Y- k COMMONWEALTH OF PeNNSYLVANIA Notarial Seal Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County my commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries n1In1 19A-r1^L1 rnpv COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 4 day of May, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7562, at the suit of Wells Fargo Bank N.A. against Mark Myers Co-Admr, Kelly R. Myers Co- Admrx & Patricia A. Myers Heir of the Estate of Donald G. Myers is duly recorded as Instrument Number 201129280. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this J day of A.D.C?_ of Deeds Recorder Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2014 T F Ztu FEB 7 j ^U,"ISERLAND COUNTY PENNs YLYA NIA PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esquire, I.D. No.93337 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Mark Myers, in his capacity as Co-administrator and Heir of the Estate of Donald G. Myers 19 Partridge Drive Carlisle, PA 17013 Kelly R. Myers, in her capacity as Co-administratrix and Heir of the Estate of Donald G. Myers 65 Loreto Avenue Rochester. NJ 14623 Patricia A. Myers, in her capacity as Heir of the Estate of Donald G. Myers 244 Community Manor Dr., Apt. 4 Rochester, NJ 14623 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 10-7562 Unknown Heirs, Successors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013-8197 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc pro Tunc, Brief in Support thereof, and attached Exhibits were served by regular mail on Defendants and Interested Parties on the date listed below. Mark Myers 19 Partridge Circle Carlisle, PA 17013 Patricia A. Myers 244 Community Manor Drive Apt. 4 Rochester, NY 14623 Secretary of Veterans Affairs, An Officer Of the United States of America 1000 Libety Avenue Pittsburgh, PA 15222 Kelly R. Myers 65 Loreto Avenue Rochester, NY 14623 Unkown Heirs, Sucessors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013 & SCHMIEG, LLP Date: 2 ??C-q' I 2- By: ? aW6n R. Tabas, Esq Attorney for Plaintiff M tZ ?z a? -c n is m "0 a ? rn :ro a 0 ?A o y ro ? m 3 6 ? o w ro ? b m r1 0 ?roo. ? c o 0 of^'?8 ro ?.G^ 4 f K y tld r w6 ti O ? O ¢ ? b ? ?. gam- a ? ro n % rn ? ? a m 0 ? °o a U 00 -3 ° 4 ro p. N V'/ C b Raa Ts 3 N Y yHr ID ?.c cn 5 r cn y N ?' D w op A m N D ? U)j C) O tD tC V1 r? a N o C p eo o• ?, cc (DD y r. C y m "? ro a 0 3 °? R wo O c3D -Q °o t?0 ? 7 p A q r D ! n -d ?D -% S 0 w a a a 7o w G? tan c N 0 N N Z A O V N ? A N b O TA R W N ti L' .?;.vsarz.^` J ? . ?tt?,FLi=C1 FF?OF?A : ,F 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. MARK MYERS, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTAT OF DONALD G. MEYERS KELLY R. MYERS, IN HER CAPACITY AS CO- ADMINISTRATRIX AND HEIR OF THE ESTATE OF DONALD G. MYERS PATRICIA A. MYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF DONALD G. MYERS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DONALD G. MYERS, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7562 RULE AND NOW, this day of IF 4-b 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc Pro Tune. Defendants shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc Pro Tune. 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. /?Ctu?t?, ?. G??ittS L sg'. VINVAIASNN3d Ia" ra9/tii? ?ri"()?V`3W17`} ?,?,??y?,01 '8 WV I 8VWlIOZ G?40H10O d 3H G ? ..:.31- i S ke 1 117 yr, s ccP-Cs jnja:te&q BY THE COURT 251187 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff vs. Mark Myers, in his capacity as Co-administrator and Heir of the Estate of Donald G. Myers 19 Partridge Drive Carlisle, PA 17013 Kelly R. Myers, in her capacity as Co-administratrix and Heir of the Estate of Donald G. Myers 65 Loreto Avenue Rochester, NJ 14623 Patricia A. Myers, in her capacity as Heir of the Estate of Donald G. Myers 244 Community Manor Dr., Apt. 4 Rochester, NJ 14623 Unknown Heirs, Successors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013-8197 Defendants No. 10-7562 ORDER a 1111V--6 AM10:0 ,UMBERLAND COUNTY `'EPINSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esquire, I.D. No.93337 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Mark Myers, in his capacity as Co-administrator and Heir of the Estate of Donald G. Myers 19 Partridge Drive Carlisle, PA 17013 Kelly R. Myers, in her capacity as Co-administratrix and Heir of the Estate of Donald G. Myers 65 Loreto Avenue Rochester, NJ 14623 Patricia A. Myers, in her capacity as Heir of the Estate of Donald G. Myers 244 Community Manor Dr., Apt. 4 Rochester, NJ 14623 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 10-7562 Unknown Heirs, Successors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013-8197 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Court Order dated February 29, 2012 giving the Defendants 20 days to file a responsive pleading to Plaintiff s Motion for Equitable Conversion and to Confirm Sheriffs Sale, Nunc Pro Tunc was served by regular mail on Defendants and Interested Parties on the date listed below. Mark Myers 19 Partridge Circle Carlisle, PA 17013 Kelly R. Myers 65 Loreto Avenue Rochester, NY 14623 Patricia A. Myers 244 Community Manor Drive Apt. 4 Rochester, NY 14623 Secretary of Veterans Affairs, An Officer Of the United States of America 1000 Libety Avenue Pittsburgh, PA 15222 Unkown Heirs, Sucessors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013 AN & SCHMIEG, LLP Date: -3 Laur6n R. Tabas, Esquire Attorney for Plaintiff y: c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff vs. Mark Myers, in his capacity as Co-administrator and Heir of the Estate of Donald G. Myers 19 Partridge Drive Carlisle, PA 17013 Kelly R. Myers, in her capacity as Co-administratrix and Heir of the Estate of Donald G. Myers 65 Loreto Avenue Rochester, NJ 14623 Patricia A. Myers, in her capacity as Heir of the Estate of Donald G. Myers 244 Community Manor Dr., Apt. 4 Rochester, NJ 14623 Unknown Heirs, Successors, Assigns, And all Persons, Firms, or Associations Claiming right, title or interest from or Under Donald G. Myers, Deceased 180 Wagner Drive Carlisle, PA 17013-8197 Defendants No. 10-7562 ORDER AND NOW, this ?,t day of TA wr t? , 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby; ORDERED and DECREED that the dwelling at 180 Wagner Drive, Carlisle, PA 17013- 8197, Middlesex Township, with a tax parcel I.D. number of 21-13-0966-016A is equitably converted to real estate by way of this motion, and not subject to separation from land, and the Sheriff's Sale of the aforementioned property of September 7, 2011 is confirmed, nunc pro tunc, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY THE COURT: J. C;D 19kek, 144111,,, ?, /VePy k_ Myers V ?r?iLwe,Lcqj ?CrrS,sf???SSors° ??SJchs "Ark r'lyer-5 ? PCt41-. 6 ct / A - ei $ P1