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11-2338
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. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 Defendant ??MgERt_ AND ?OUN? Y ATTORNEY FOR PLAINTIFF 264834 COURT OF COMMON PLEAS CIVIL DIVISION TERM 2 _ !3 ?l Vt L ?N? NO. \J-D3 CUMBERLAND COUNTY 61-) File #: 264834 $9a•6b rd 4T 6:5 -79 ?a 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 #: 264834 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: RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/20/2009 RODNEY E. YOUNG made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200913628. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 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. File #: 264834 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2010 through 02/07/2011 Late Charges through 02/07/2011 Property Inspections/Property Preservation Non Sufficient Funds Charge Mortgage Insurance Premium / Private Mortgage Insurance Escrow Deficit TOTAL 7 8. 9 $128,122.59 $4,697.84 $156.12 $40.00 $20.00 $116.96 505.86 $133,659.37 Plaintiff is nat seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File 1i: 264834 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $133,659.37, together with interest from 02/07/2011 at the rate of $19.3061 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP e-?-?1ielan, Esq., Id. No. 27 Francis S. Hallinan, Esq., Id. No. 6 95 ? Daniel G. Schmieg, Esq., Id. No. 205 ? 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 El Courtenay R. Dunn, Esq., Id. No. 206779 _rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 264834 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated December 20, 1973, as follows: BEGINNING at a point in the center line of Long's Gap Road, Pennsylvania, Legislative Route No. 21072, said point being 120 feet South of the southern line of Hillcrest Avenue; thence extending along land now or formerly of Wayne Caleman, Being Lot No. 12 on the hereinafter mentioned plan of lots North 72 degrees 30 minutes East 160 feet to a point in line of land of Robert Carpenter; thence along said land South 17 degrees 30 minutes East 60 feet to a corner of land of James Eberly; thence along said land being Lot No. 14 on said Plan, South 72 degrees 30 minutes West 160 feet to a point in the center line of Long's Gap Road aforesaid; thence along said center line North 17 degrees 30 minutes West 60 feet to the point and place of BEGINNING. BEING Lot No. 13 on a plan of lots laid out by Amos D. Keck which said plan is recorded in Plan Book 4, Page 52, Cumberland County Records. HAVING thereon erected a one-story frame dwelling. PROPERTY ADDRESS: 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 PARCEL # 29-15-1247-009 File #: 264834 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: File #: 264834 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a ?; f Jody S Smith Chief Deputy Richard W Stewart "M ERLA I? Solicitor wr , e Wells Fargo Bank NA vs. Case Number . Rodney E. Young 2011-2338 SHERIFF'S RETURN OF SERVICE 02/28/2011 04:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2011 at 1656 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rodney E. Young, by making known unto Dorinda Proctor, Sistei in Law of Defendant at 783 Longs Gap Road, Carlisle, Cumberland Coun , Penns nia 17013 its contents and at the same time handing to her personally the said true an c ect o y of the same. SHYVN HAR ON, DEPUTY SHERIFF COST: $33.40 March 01, 2011 SO ANSWERS, )lam RON R ANDERSON, SHERIFF Wl,Sute Sher' T _ ;eft. Ins.: Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 r-i Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ?..? Andrew L. Spivack, Esq., Id. No. 84439 N cz, Chrisovalante P. Fliakos, Esq., Id. No. 94620 - Joshua L Goldman, Esq., Id. No. 205047 v p Q ° F3 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. RODNEY E. YOUNG : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-2338 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ? s?U.CA?d a 10-77201 ??24"ri$ 264834 10 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RODNEY E. YOUNG, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $133,659.37 Interest - 02/07/2011 to 04/11/2011 $1,235.59 TOTAL $134,894.96 I hereby certify that (1) the Defendant's last known address is 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. /1 /-? 1, Date 1 ? Lawre 6e VBrord, q., Id. No. 32227 ? Frans S. ., Id. No. 62695 ? D el G. ., Id. No. 62205 ? Michele Msq., Id. No. 69849 ? Judit h 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 4' PHS # 264834 PROTHONOT 264834 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION RODNEY E. YOUNG No. 11-2338 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. 264834 R (b) that defendant RODNEY E. YOUNG is over 18 years of age and resides at 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ? Lawre cue T helan, Es ., Id. No. 32227 ? Franc's S. llinan, E0., Id. No. 62695 ? Dani l G. Sc ieg, sq., Id. No. 62205 ? Michele M. Bra ord, 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 264834 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. RODNEY E. YOUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 11-2338 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 4 -1 -GL- t 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 WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 264834 WELLS FARGO BANK, N.A. V. Plaintiff RODNEY E. YOUNG Defendant(s) TO: RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 DATE OF NOTICE: March 29, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-2338 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 264834 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 Lawrence T. Phelan, Esq.. Id. No. 32227 Francs man, Esq., Id. No. 6 Danie l G. Schmieg, Esq., Id. No. Michele M. Bradford, Esq., Id. No.49 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 Alison 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 # 264834 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-2338 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From RODNEY E. YOUNG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $134,894.96 L.L.: Interest from 4/12/2011 to Date of Sate ($22.17 per diem) - $7,338.27 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $287.30 Other Costs: Plaintiff Paid: Date: 12/1/2011 Da ' Buell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff CIVIL DIVISION v RODNEY E. YOUNG Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/12/2011 to Date of Sale ($22.17 per diem) TOTAL : COURT OF COMMON PLEAS NO.: 11-2338 CIVIL $134,894.96 $7,338.27 Attorney for Plaintiff Note: Please attach description of property. PHS # 264834 .??.Atv- ?Q . 46 - - a.$7 30 RL .44 k Cash ?. rr ?? rr Ita2a1C) - AL T -4 iS14_C-C( MUD .rn =::X) cnr CD C-) C) r.-,; O rn i 3 F rri r -4Cn- CD _r" f fa.oa ea w G1 00 O©o ? r Odd 3 y, 'Z can O?U d ?r ? O ? a a 0 O '? H O CJ ? U w a °" ?H U w ? H y Y O W Z w d j? M v x ? .- a d w ordspty(03/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Rodney E Young Chapter 13 Denise L Young Case No. 1: 1 1-bk-03896-MDF Debtor(s) After notice and opportunity for a hearing thereon, it appearing that the above-named Debtor and Joint Debtor have failed to attend the scheduled meetings of creditors pursuant to 11 U.S.C. § 341(a), it is ORDERED that the above-referenced Case be and hereby is dismissed. Dated: August 26, 2011 By the Court, x? United States Bankruptcy Judge Case 1:11-bk-03896-MDF Doc 32 Filed 08/26/11 Entered 08/26/11 13:08:29 Desc Order Dismissing Page 1 of 1 Notice Recipients District/Off: 0314-1 Case: 1:11-bk-03 896-MDF User: BRushow Form ID: ordspty Date Created: 8/26/2011 Total: 36 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr WELLS FARGO BANK, N.A. Recipients of Notice of Electronic Filing: ust aty aty United States Trustee ustpregion03.ha.ecf@usdoi.gov Charles J. DeHart, III (Trustee) dehartstaff@pamdl3trustee.com G. Patrick O'Connor patoconnor100@comcast.net Joseph P Schalk pamb@fedphe.com TOTAL: 1 TOTAL:4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Rodney E Young 783 Longs Gap Rd. Carlisle, PA 17013 jdb Denise L Young 88 Regency Woods North Carlisle, PA 17015 3873541 Acct Recov 555 Van Reed Rd Wyomissing, PA 19610 3873542 Agway Energy Products c/o Carlisle Country Living 520 East North Street Carlisle, PA 17013 3873543 Allied Interstate Inc 3000 Corporate Exchange Columbus, OH 43231 3873544 Ally Financial 200 Renaissance Ctr Detroit, MI 48243 3885092 Ally Financial (f/k/a GMAC PO BOX 130424 Roseville MN 55113-0004 3873545 Apex Asset Management 1891 Santa Barbara Dr St Lancaster, PA 17601 3933169 Ashley Funding Services LLC its successors and assigns as assignee of Reimbursement Technologies, Inc Resurgent Capital Services PO Box 10587 Greenville, SC 29603-0587 3873546 Baystate Gas-brockton Po Box 67015 Harrisburg, PA 17106 3873547 Camelot Village Apts. 2161 Camelot Drive Harrisburg, PA 17110 3873548 Citibank Usa Citicard Credit/Cent. Bankruptcy Po Box 20507 Kansas City, MO 64195 3873549 Collection 700 Longwater Dr Norwell, MA 02061 3873550 Commercial Acceptance 2 W. Main St Shiremanstown, PA 17011 3873551 Consumer Bankruptcy Counseling Tides Center P.O. Box 29198 San Francisco, CA 94129-0198 3873552 Cumberland Co. Tax Claim 1 Courthouse Square Room 106 Carlisle, PA 17013 3873553 Denise L. Young 88 Regency Woods North Carlisle, PA 17015 3873554 Modern Recovery Solutions PO Box 500 Newmanstown, PA 17073 3873556 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013-1100 3873559 PPLElectric Company 2 N. 9th St. Allentown, PA 18101 3873557 Palisad Coll Attention: Banktruptcy Department Po Box 1244 Englewood Cliffs, NJ 07632 3891026 Palisades Acquisition IX, LLC Vativ Recovery Solutions LLC, dba SMC As Agent For Palisades Acquisition IX, L PO Box 40728 Houston TX 77240-0728 3873558 Pinnacle Health PO Box 2353 Harrisburg, PA 17105 3910717 Quantum3 Group LLC PO Box 788 Kirkland, WA 98083-0788 3873560 Richard Poet 70 Regency Woods North Carlisle, PA 17015 3929615 Sprint Nextel Correspondence Attn Bankruptcy Dept PO Box 7949 Overland Park KS 66207-0949 3873561 Verizon Wireless PO Box 25505 Lehigh Valley, PA 18002-5505 3885203 Wells Fargo Bank, N.A. Bankruptcy Department Wells Fargo Bank, N.A. One Home Campus MAC X2302-04C Des Moines, IA 50328 3873562 Wells Fargo Hm Mortgag 8480 Stagecoach Cir Frederick, MD 21701 3915352 Westlake Financial Services 4751 Wilshire Blvd Ste #100 Los Angeles, CA 90010 3873563 Westlake Financial Svc 4751 Wilshire Bvld Los Angeles, CA 90010 TOTAL: 31 Case 1:11-bk-03896-MDF Doc 32-1 Filed 08/26/11 Entered 08/26/11 13:08:29 Desc Order Dismissing: Notice Recipients Page 1 of 1 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor dated December 20, 1973, as follows: BEGINNING at a point in the center line of Long's Gap Road, Pennsylvania, Legislative Route No. 21072, said point being 120 feet south of the southern line of Hillcrest Avenue; thence extending along land of Wayne Caleman, being Lot No. 12 on the hereinafter mentioned plan of lots North 72 degrees 30 minutes East 160 feet to a point by line of land of Robert Carpenter; thence along said land South 17 degrees 30 minutes East 60 feet to a corner of land of James Eberly; thence along said land being No. 14 on said plan, South 72 degrees 30 minutes West 160 feet to a point in the center line of Long's Gap Road aforesaid; thence along said center line North 17 degrees 30 minutes West 60 feet to the point and place of BEGINNING. BEING Lot No. 13 on a Plan of Lots laid out by Amos D. Keck which said plan is recorded in Plan Book 4, Page 52, Cumberland County Records. HAVING thereon erected a one-story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN Rodney E. Young, a married man, by Deed from Richard L. Burkholder, a single individual, dated 04/17/2009, recorded 04/29/2009 in Instrument Number 200913627. PREMISES BEING: 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 PARCEL NO. 29-15-1247-009 PHELAN HALLINAN & SCHMIEG, LLP Andrew Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. RODNEY E. YOUNG Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-2338 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. / By: Phelan Hallinan & Schmieg, LLP Andrew Marley, Esq., Id. No.312314 Attorney for Plaintiff C- r., - - Mrn M T M - M70 - C-) r ?; ry cnr <> s ?: r- --,' C) - c l r: WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.: 11-2338 CIVIL RODNEY E. YOUNG , Defendant(s) , CUMBERLAND COUNTY PHS # 264834 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556. 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): c`3 Name Address (if address cannot be reasonably ascertained, please so indicate) ? M ? r U) Rodney E. Young 783 Longs Gap Road - Carlisle, PA 17013-8556 > C Name and address of Defendant(s) in the judgment: 5C7 a r r D ' Name Address (if address cannot be reasonably _„j ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) North Middleton Authority 2051 Spring Road Carlisle, PA 17013 North Middleton Authority C/o Hubert X. Martson Law Offices Gilroy, Esquire 10 East High Street Martson, Deardorff, Williams, Otto, Gilroy & Carlisle, PA 17013 Faller North Middleton Authority C/o Christopher E. Martson Law Offices Rice, Esquire 10 East High Street Martson, Deardorff, Williams, Otto, Gilroy & Carlisle, PA 17013 Faller Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 783 Longs Gap Road Carlisle, PA 17013-8556 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to aut_j, ies Date: 140 4 By: FLh l'an Hallinan & Schmieg, LLP Andrew Marley, Esq., Id. No.312314 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-2338 CIVIL RODNEY E. YOUNG .. Defendant(s) CUMBERLAND =M :U ."'7 '1'J t rt NOTICE OF SHERIFF'S SALE OF REAL PROPERTY < ?• s TO: RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $134,894.96 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor dated December 20, 1973, as follows: BEGINNING at a point in the center line of Long's Gap Road, Pennsylvania, Legislative Route No. 21072, said point being 120 feet south of the southern line of Hillcrest Avenue; thence extending along land of Wayne Caleman, being Lot No. 12 on the hereinafter mentioned plan of lots North 72 degrees 30 minutes East 160 feet to a point by line of land of Robert Carpenter; thence along said land South 17 degrees 30 minutes East 60 feet to a corner of land of James Eberly; thence along said land being No. 14 on said plan, South 72 degrees 30 minutes West 160 feet to a point in the center line of Long's Gap Road aforesaid; thence along said center line North 17 degrees 30 minutes West 60 feet to the point and place of BEGINNING. BEING Lot No. 13 on a Plan of Lots laid out by Amos D. Keck which said plan is recorded in Plan Book 4, Page 52, Cumberland County Records. HAVING thereon erected a one-story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN Rodney E. Young, a married man, by Deed from Richard L. Burkholder, a single individual, dated 04/17/2009, recorded 04/29/2009 in Instrument Number 200913627. PREMISES BEING: 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 PARCEL NO. 29-15-1247-009 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-2338 CIVIL WELLS FARGO BANK, N.A. vs. RODNEY E. YOUNG owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 Parcel No. 29-15-1247-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,894.96 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff NO. 11-2338 CIVIL VS. RODNEY E. YOUNG Defendant ORDER AND NOW, this day of 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant RODNEY E. YOUNG by: 0.0'41? REGULAR MAIL TO, RODNEY E. YOUNG at, 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 CERTIFIED MAIL TO, RODNEY E. YOUNG at, 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 POSTING 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). B HE CO J, PHS # 264834 -? T _x ? CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 "`' ,- &PY ma lice{ 91al/a Elm: . , RODNEY E. YOUNG 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 F IL -P,-OFF, THE PR0TH0N,0TA?..,.1 PHELAN HALLINAN & SCHMIEG, LLP„ orney for Plaintiff Allison F. Wells, Esq., Id. No.309519 2312 FEB 24 AM ( . `' 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNT" One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. RODNEY E. YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-2338 CIVIL 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/o • ied Mail Return Receipt stamped by the U.S. Postal Service is attached he x ' it Allison F. Wells, 7?, Attorney for Plaintiff Date: {J v IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 264834 EXH?gIT «A„ a N O N r O M O N ao .o e? ? Q @ W U. I y b ? b w Z40 ............._.F-T ,. o uu ? iA C9C ryTry y G ._ N Ev°? ..... C .? ?. •A E ? E E C u fn o ( E c 2 b u '9 " c o r C v yC• ? E o •? v u N 2 j ti ?'v°o •u o 0 t H do a • o a E o % a . h ?wo.ro 00 ° ? N C h o .Q `4 N E $ E y a ? rn ? x a ?,Fcs = Fw.dF RS E M W ? L L r G ii G. c W F d U O C 1+ p ?+ ? w C y W a? 00 °" c ~ LO @ ?s c? p? > ° .ii A r + O ? 92 5 o y w W °? d 8 ° - t d o . . b x w y y o ca 4 V2 L 4 O i 7 .. i, H v p 'C7 O L? z .?„ rn F" v`Oi z tn ai ? y o o .?+ o a 3 y U d w L. C „ y L .' pG L h ? ? O oo o W y _? 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H '"" ? ? .G ? a w Y O v n O Od x a w ?o L1^ ?W ? xw ?V a1o ?o .>. d 6 o "?kZ.1 a dZaW MZwr? Vii ,,,, rn y ..r`7 > M ?+ ra O vi' aN ?tO c?dco E ?o wE"? ,L,Hden d ea a dN4..c ."'pWrw rn aa? rli or/] Oa o?? W rrn oN o ...H .? ?o ?x QAO?a. 4. Q 0.0 r, v a? ? « e oA ?' cn ? d p o r CZ ?.. G+ ?. C7 ?W?'?xW `n?a.Q °7?0,^ o o ac.oe? d cod °v`" a CA Old F yV^(} 0r R chGK G. w=? ^UFw?, cawcax'? E..ca?, " Ga '" U C7 y .p ea 2 « p4 oxpd 3 rNQ40'n °Aw?ti a?x v?"'HUdaa z> o 0 t7 .7 0 ie .. w H 'n ^vi E" aC CG W PG y ?Cou dwHZcnAI 03 0 6 ?.0 0 D ? ?w0?y :.pG fx1? p .Z, z?ouzu V' f x oy4Qa" y a os? y$+y+r%V.b ?eo¢Oo H ?zM o aM o d0 Ix ?°.o:00wNxti-+UZHU vGOZEoroUG?U ,,000P:?"+ ?4?y C v zgN CL. (d ? a? a? ay `s w C1 M z¢o PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. ?.?`. F . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RODNEY E. YOUNG NO. 11-2338 CIVIL Defendant 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 RODNEY E. YOUNG on 2/9/2012 at 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 in accordance with the Order of Court dated 2/1/2012. The property was posted on 2/11/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phel tsy: Allison F. & Schmieg, LLP III THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wi LLS FARGO'?BANK, N.A. - CIVIL DIVISION Plaintiff NO. 11-2338 CIVIL VS. RODNEY E. YOUNG Defendant ORDER AND NOW, this day of , 2012, after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant RODNEY E. YOUNG by: REGULAR MAIL TO, RODNEY E. YOUNG at, 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 CERTIFIED MAIL TO, RODNEY E. YOUNG at, 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 POSTING 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). r B HE CO J. PHS # 264834 ate, ;_- CC PHEL.AN HALLINAN & SCHMIEG, LLP ,r r1a 1617 JFK Boulevard, Suite 1400 x Philadelphia, PA 19103 J YOUNG RODNEY E -- "- . 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556 Mr W i O 0 Mr l ITI Y' H T/ N MCI r 1 I 'v o C r • N O `O Oo w N N 0. ? C z C4 0 > 3 n' * * * * * * * * * 00 Y>wv ?z ? ?OZ o 0. K` a v r? a a • O y ? rm y?y N O :z O O CT! W a w z ?, v a 0 mb s? N O M 7 QQ 0 ry_.... Pte' P%, in v?So M VI 4O 9 ? _ 2 e F (? L ' S PlowV la(3%m 02 1M $ 04 67° . 0004277256 FE609 2 37 ? 012 MAILED FROM ZIP CODE 1 9' 3 ? ? a B p ? fD ¢ y ? 1.1 a ? Y x ? r N? NI wiz C Ro c ? ?r A O O PLAINTIFF WELLS FARGO BANK, N.A. PHS # 264834 DEFENDANT RODNEY E. YOUNG AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVICE TEAM/ Ixh COURT NO.: 11-2338 CIVIL SERVE RODNEY E. YOUNG AT: TYPE OF ACTION 783 LONGS GAP ROAD XX Notice of Sheriffs Sale CARLISLE, PA 17013-8556 SALE DATE: March 7, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to RODNEY E. YOUNG, Defendant on the (I fi'day of , 20 I a., at o'clock -, M., at 223 N6s &o . W(Asts,(DA , 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: a<TE? ??? Description: Age / Height Weight Race Sex Other I, T`6?n ?16L? , a competent adult, hereby verify that I personally hMoatme 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 fcca??lsifica 'on to authorities. DATE: _ vLI- NAME: PRINTED NAME: _PQ A "T> 1 "KJ U-^ TITLE:` NOT SERVED On the __ day of , 20 , at o'clock M., Defendant NOT FOUND because: - Vacant - Does Not Exist , Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No, 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., ld. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 rr. r 1 'y `/ 0UN'r i t Phelan Hallman & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. RODNEY E. YOUNG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2338 CIVIL 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 February 25, 2011. 2. Judgment was entered on April 12, 2011 in the amount of $134.894.96. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 264834 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. A Sheriffs Sale of the mortgaged property at 783 LONGS GAP ROAD. CARLISLE, PA 17013-8556 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, RODNEY E. YOUNG and DENISE L. YOUNG, filed a Chapter 13 Bankruptcy at Docket Number 1:11-03896 on May 27, 2011. The Bankruptcy was dismissed by order of court dated August 26, 2011. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on May 2, 2012. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 May 2, 2012 Per Diem $19.31 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits $128,122.59 $12,914.50 $156.12 $2,550.00 $1,284.00 $99.90 $40.00 $780.00 $350.88 $3,016.52 ($66.60) TOTAL $149.247.91 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 264834 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 Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 22. 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 03? 1 DATE: Z? Z Phelan Hallinan & Schmieg, LLP By: ana st vsky, Esquire ATTO Y FOR PLAINTIFF 264834 Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. RODNEY E. YOUNG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2338 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RODNEY E. YOUNG 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 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 264834 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 Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the 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 CiongLoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 264834 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 264834 Partnership y. 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire. Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 264834 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 Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters. loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint. Rule 237.1 Notice. Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an 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). 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 264834 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the 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 264834 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. 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. 264834 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4q -Z_ _V Phelan Hallinan & Schmieg, LLP By: - /? - Dana O ovsky, Esquire Attorn or Plaintiff 264834 Exhibit "A" Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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. ' RODNEY E. YOUNG Attorney for Plaintifrc= rnCo = 73 = r r50 O? O? co y C ?' G 1 .o? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-2338 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES 4#0y0 A??aS BF`/NCO stir?'?.h r-? N -IC) a -? 264834 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RODNEY E. YOUNG, 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 $133,659.37 Interest - 02/07/2011 to 04/11/2011 $1,235-59 TOTAL $134,894.96 I hereby certify that (1) the Defendant's last known address is 783 LONGS GAP ROAD, CARLISLE, PA 17013-8556, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date L I ill // -A DAMAGES ARE HEREBY DATE: PHS # 264834 ASSESSED AS INDICATE L_l ,.,awre ce t rlheian, q., Id. No. 32227 ? Frans S. allinan, E q., Id. No. 62695 ? D el G. S e sq., Id. No. 62205 ? Michele M. Br ord, 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 264834 Exhibit "B" ordspty(03/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last S years, including married. maiden, and trade): Rodney E Young Chapter 13 Denise L Young Case No. 1: 1 1-bk-03896-MDF Debtor(s) ORDER DISMISSING After notice and opportunity for a hearing thereon, it appearing that the above-named Debtor and Joint Debtor have failed to attend the scheduled meetings of creditors pursuant to I 1 U.S.C. § 341(a), it is ORDERED that the above-referenced Case be and hereby is dismissed. Dated: August 26, 2011 By the Court, l United States Bankruptcy Judge Case 1:11-bk-03896-MDF Doc 32 Filed 08/26/11 Entered 08/26/11 13:08:29 Desc Order Dismissing Page 1 of 1 Notice Recipients District/Off: 0314-1 User: BRushow Date Created: 8/26/2011 Case: 1:11-bk-03896-MDF Form ID: ordspty Total: 36 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr WELLS FARGO BANK, N.A. TOTAL:1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdcj.gov tr Charles J. DeHart, III (Trustee) dehartstaff@pamdl3trustee.com aty G. Patrick O'Connor patoconnor100@comcast.net aty Joseph P Schalk pamb@fedphe.com TOTAL:4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Rodney E Young 783 Longs Gap Rd. Carlisle, PA 17013 jdb Denise L Young 88 Regency Woods North Carlisle, PA 17015 3873541 Acct Recov 555 Van Reed Rd Wyomissing, PA 19610 3873542 Agway Energy Products c/o Carlisle County Living 520 East North Street Carlisle, PA 17013 3873543 Allied Interstate Inc 3000 Corporate Exchange Columbus, OH 43231 3873544 Ally Financial 200 Renaissance Ctr Detroit, MI 48243 3885092 Ally Financial (f/k/a GMAC PO BOX 130424 Roseville MN 5 5 1 1 3-0004 3873545 Apex Asset Management 1891 Santa Barbara Dr St Lancaster, PA 17601 3933169 Ashley Funding Services LLC its successors and assigns as assignee of Reimbursement Technologies, Inc Resurgent Capital Services PO Box 10587 Greenville, SC 29603-0587 3873546 Baystate Gas-Brockton Po Box 67015 Harrisburg, PA 17106 3873547 Camelot Village Apts. 2161 Camelot Drive Harrisburg, PA 171 10 3873548 Citibank Usa Citicard Credit/Cent. Bankruptcy Po Box 20507 Kansas City, MO 64195 3873549 Collection 700 Longwater Dr Norwell, MA 02061 3873550 Commercial Acceptance 2 W. Main St Shiremanstown, PA 17011 3873551 Consumer Bankruptcy Counseling Tides Center P.O. Box 29198 San Francisco, CA 94129-0198 3873552 Cumberland Co. Tax Claim I Courthouse Square Room 106 Carlisle, PA 17013 3873553 Denise L. Young 88 Regency Woods North Carlisle, PA 17015 3873554 Modem Recovery Solutions PO Box 500 Newmanstown, PA 17073 3873556 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013-1 100 3873559 PPLElectric Company 2 N. 9th St. Allentown, PA 18101 3873557 Palisad Coll Attention: Banktruptcy Department Po Box 1244 Englewood Cliffs, NJ 07632 3891026 Palisades Acquisition IX, LLC Vativ Recovery Solutions LLC, dba SMC As Agent For Palisades Acquisition 1X, L PO Box 40728 Houston TX 77240-0728 3873558 Pinnacle Health PO Box 2353 Harrisburg, PA 17105 3910717 Quantum3 Group LLC PO Box 788 Kirkland, WA 98083-0788 3873560 Richard Poet 70 Regency Woods North Carlisle, PA 17015 3929615 Sprint Nextel Correspondence Atm Bankruptcy Dept PO Box 7949 Overland Park KS 66207-0949 3873561 Verizon Wireless PO Box 25505 Lehigh Valley, PA 18002-5505 3885203 Wells Fargo Bank, N.A. Bankruptcy Department Wells Fargo Bank, N.A. One Home Campus MAC X2302-04C Des Moines, IA 50328 3873562 Wells Fargo Hm Mortgag 8480 Stagecoach Cir Frederick, MD 21701 3915352 Westlake Financial Services 4751 Wilshire Blvd Ste #100 Los Angeles, CA 90010 3873563 Westlake Financial Svc 4751 Wilshire Bvld Los Angeles, CA 90010 TOTAL: 31 Case 1:11-bk-03896-MDF Doc 32-1 Filed 08/26/11 Entered 08/26/11 13:08:29 Desc Order Dismissing: Notice Recipients Page 1 of 1 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan IIallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 22., 2012 RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 RE: WELLS FARGO BANK, N.A. v. RODNEY E. YOUNG Premises Address: 783 LONGS GAP ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-2338 CIVIL Dear Defendant, 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), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise:, please be guided accordingly. Very truly yours, Dana(-, - vsky, Esquire Attoni f r Plaintiff Enclosure 264834 Phelan Hallman & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. RODNEY E. YOUNG Defendant CUMBERLAND County No.: 11-2338 CIVIL 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 individual on the date indicated below. RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE. PA 17013-8556 DATE: 2 Z Phelan Hallinan & Schmieg, LLP By: Dana OIk quire ATTO 264834 tl4d^^ EN ?aJ t-iti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. RODNEY E. YOUNG Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2338 CIVIL ??RULE AND NOW, this .3 /Zd( day of A0441 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on thi tter. OY TH RT J. 264834 % Dana Ostrovsky, Esq., Id. No.83921 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 264834 Ivi 264834 r i D - r I HE.:.P i'4!)T? ONOTAlk 20512 APR I I AM 10. U l CUMBERLAND COUNT" ,° PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Defendant CUMBERLAND County No.: 11-2338 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 2012 Rule directing vs. RODNEY E. YOUNG the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RODNEY E. YOUNG 783 LONGS GAP ROAD CARLISLE, PA 17013-8556 DATE: helan allina4Esdq , LLP CG? By: _ Melissa J. CantAttorney for P laintiff 264834 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County RODNEY E. YOUNG Defendant No.: 11-2338 CIVIL ORDER T -X AND NOW, this 3a? day of , 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through May 2, 2012 Per Diem $19.31 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits TOTAL $128,122.59 $12,914.50 $156.12 $2,550.00 $1,284.00 $99.90 $40.00 $780.00 $350.88 $3,016.52 ($66.60) $149,247.91 Plus interest from May 2, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. VINVAIASNN3d ?BY RT: J. 9? :C gad 0C 8A Z101 1) it 15 ? U 264834 L'bfjf'S rLlCc ?Y'd ?/??!??/a 'Ole 3