Loading...
HomeMy WebLinkAbout11-8002¦s 4 1 i ' V._ i f-°y }li ?T2' 3tF,L A, N C`0UrtI ry.Y?,II i L ?w?°? ATTORNEY FOR PLAINTIFF 279005 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BRIAN K. LANDIS LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM p c (?' NO. 1 `- 0 u? - l?Y l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 File #: 279005 L9V a1?41agg-(:0 ? p ats? a ?w aloloatcb 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 ASSOCIA'T'ION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 279005 l . Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL. SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN K. LANDIS LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/1995 BRIAN K. LANDIS and LISA A. LANDIS 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 Book No. 1259, Page 1022. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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. Fite #: 279005 6. The following amounts are due on the mortgage as of 08/09/2011: Principal Balance $69,468.63 Interest $2,437.43 03/01/2011 through 08/09/2011 Late Charges $141.72 Property Inspections $60.00 Subtotal $72,107.78 Escrow Credit $388.86 TOTAL $71,718.92 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,718.92, together with interest, 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 AN & HMIEG, LLP By: Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff File #: 279005 I LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, R.S. dated July 30, 1974, as follows: BEGINNING at a point on the northern line of West Beale Avenue, said point being 175 feet east of the northeast corner of West Beale Avenue and a 15 foot wide alley; thence along the division line between Lots Nos. 42 and Lots Nos. 40 and 41 on the hereinafter mentioned plan of lots, North 05 degrees 30 minutes West, 150 feet to a point on the south side of Covert Street; thence along same, North 84 degrees 30 minutes East, 50 feet to a point on the division line between Lots Nos. 40 and 41 and Lot No. 39 on said plan; thence along same, South 05 degrees 30 minutes East, 150 feet to a point on the northern line of West Beale Avenue; thence along same, South 84 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story frame dwelling and frame garage, known as 7 West Beale Avenue, Enola, PA 17025. BEING the same premises which Brian K. Landis and Lisa A. Landis, his wife, Mortgagors, by Deed from William S. Sumski, Jr. and Jennifer A. Simski, his wife, to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. PROPERTY ADDRESS: 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 PARCEL # 09-15-1291-275 1-ile #: 27900 VERIFICATION Monica Vargas, hereby states that /she is Vice President Loan Documentation, of WELLS FARGO BANK, N.A., in this matter, that 1//she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofkis/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ?( I 'dw Na : Monica Varg DATE: September 24, 2011 Title: Vice President Loan Documentation File # : 279005 Name: Landis 032-PA-V2 PHELAN HALLINAN & Melissa J. Cantwell, Esq., I. 1617 JFK Boulevard, Suite One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 I:I! EO-OFFICE CHMIEG,alLI E: PROTHONOTARY Attorney for Plaintiff No.308912N11 DEC 22 AM 11:51 CU PENN YLVANIA TY WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC. VS. CIVIL DIVISION BRIAN K. LANDIS LISA A. LANDIS No. 11-8002-CIVIL PRAECIPi FOR IN REM JUDGMENT FOR FAILURE TO WER AND ASSESSMENT OF D. TO THE PROTHONOT Kindly enter judgm t in favor of the Plaintiff and against BRIAN K. LANDIS, and LISA A. LANDIS, Defend nt(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof arid for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $71,718.92 TOTAL $71,718.92 I hereby certify that 1) the Defendants' last known addresses are 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 and 175 ASHFORD DR, ENOLA, PA 17025-2302, and (2) that notice has been given i accordance with Rule Pa.R.C. 237 I. Date Melissa J. Cantwell, ire Attorney for Plaintiff DAMAGES ARE HEREBI ASSESSED AS INDICATE Q`N????y `0? DATE: ?ND toQ433 PHS # 279005 V#ft ROTHONOTARY 279005 PHELAN HALLINAN &,c CHMIEG, LLP Melissa J. Cantwell, Esq., I . No.308912 1617 JFK Boulevard, Suite 1 400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, .A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. BRIAN K. LANDIS LISA A. LANDIS III Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-8002-CIVIL VIT OF NON-MILITARY SERVICE The undersi ed 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 wi : (a) that the d fendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amend d. (b) that defe dant BRIAN K. LANDIS is over 18 years of age and resides at 7 WEST BEALE AVENUE, KOLA, PA 17025-2806. (c) that defe dant LISA A. LANDIS is over 18 years of age and resides at 7 WEST BEALE AVENUE, NOLA, PA 17025-2806 and 175 ASHFORD DR, ENOLA, PA 17025-2302. This stateme t is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifica ion to authorities. Date Melissa J. Cantwell, Esquire Attorney for Plaintiff 279005 of Civil Procedure No. 236) - Revised WELLS FARGO BANK, WELLS FARGO HOME INC., F/K/A NORWEST T INC. VS. BRIAN K. LANDIS LISA A. LANDIS T.A., SB/M TO CUMBERLAND COUNTY ? 0RTGAGE, IORTGAGE, COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8002-CIVIL Notice is givon that a Judgment in the above captioned matter has been entered against you on I i ? By: If you have any questions concerning this matter please contact: Melissa J. Cantwell, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBI ANY INFORMA TION OB HAVE PREVIOUSLY RE( SHOULD NOT BE CONS'j ONLY ENFORCEMENT( COLLECTOR ATTEMPTING TO COLLECT A DEBT AND AINED WILL BE USED FOR THAT PURPOSE. IF YO U EIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND 'RUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT FA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, D FARGO HOME MORTGA NORWEST MORTGAGE, V. SB/M TO WELLS COURT OF COMMON PLEAS INC., F/K/A CIVIL DIVISON Plaintiff NO. 11-8002-CIVIL CUMBERLAND COUNTY BRIAN K. LANDIS LISA A. LANDIS Defendant(s) TO: BRIAN K. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-280 DATE OF NOTICE: THIS FIRM IS A DEB' IS SENT TO YOU IN HEREIN, AND ANY I PURPOSE. IF YOU F THIS CORRESPOND: ATTEMPT TO COLL PROPERTY. COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE ,N ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO (FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT ?VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 14CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANT NOTICE YOU ARE IN DEFE APPEARANCE PERSONALL YOUR DEFENSES OR OBJEC ACT WITHIN TEN DAYS FR( AGAINST YOU WITHOUT E IMPORTANT RIGHTS. XT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU A THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH FORMATION 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 # 279005 Office of the Protho otary Cumberland County C ouse 1 Courthouse Sq Carlisle, PA 170 3 (717) 240-619 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 717) 249-3166 By: Ro . Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 279005 i WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE INC., F/K/A NORWEST MORTGAGE, IN . Plaintiff v. ?I BRIAN K. LANDIS LISA A. LANDIS TO: LISA A. LANDIS 7 WEST BEALE A ENOLA, PA 17025 DATE OF NOTICE: THIS FIRM IS A DEB" IS SENT TO YOU IN HEREIN, AND ANY 1 PURPOSE. IF YOU I THIS CORRESPOND: ATTEMPT TO COLL PROPERTY. Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-&002-CIVIL CUMBERLAND COUNTY COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE W ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO [FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT EVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, KCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANT NOTICE YOU ARE IN DEFE APPEARANCE PERSONALL YOUR DEFENSES OR OBJEC ACT WITHIN TEN DAYS FR( AGAINST YOU WITHOUT IMPORTANT RIGHTS. ILT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU K THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A DUCED FEE OR NO FEE. PHS # 279005 Office of the Protho otary Cumberland County C urthouse 1 Courthouse Sq Carlisle, PA 17 13 (717) 240-619 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Robert . Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 279005 WELLS FARGO BANK, t FARGO HOME MORTGA NORWEST MORTGAGE, V. BRIAN K. LANDIS LISA A. LANDIS TO: LISA A. LANDIS 175 ASHFORD DR ENOLA, PA 17025- DATE OF NOTICE: THIS FIRM IS A DEB' IS SENT TO YOU IN HEREIN, AND ANY J PURPOSE. IF YOU F THIS CORRESPOND. ATTEMPT TO COLL PROPERTY. SB/M TO WELLS COURT OF COMMON PLEAS INC., F/KJA CIVIL DIVISON Plaintiff Defendant(s) NO. 11-8002-CIVIL CUMBERLAND COUNTY COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE kN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO (FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT kVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, KCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANT NOTICE YOU ARE IN DEFA T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRO 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 S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TOO TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH ?FOR TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONAT A UCED FEE OR NO FEE. PHS # 279005 Office of the Protho otary Cumberland County C urthouse 1 Courthouse Sq Carlisle, PA 17013 (717) 240-619 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: RobeVIT sick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 279005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8002 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff (s) From BRIAN K. LANDIS LISA A. LANDIS (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: $ 71,718.92 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($11.79 per diem) --- $ 1,968.93 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 232.00 Other Costs: Plaintiff Paid: Date: 2/14/12 (Seal) REQUESTING PARTY: Name: John Michael Kolesnik, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 308877 d?2?. David D. 13u91, Prothonot Deputy PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. Plaintiff CIVIL DIVISION V BRIAN K. LANDIS LISA A. LANDIS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/23/2011 to Date of Sale ($11.79 per diem) TOTAL Note: Please attach description of property. PHS # 279005 As - 5d q,5. 0 0 qA. 00 1q. 0° a. 5-0 2 31 0 0 pd 14 fl? cap' ?l P ?f 4.2-.2 5- 04/e Co 4.5-a 1, G C /I 5-q00/t! ss' Zq3 -7 to 6'7 NO.: 11-8002-CIVIL CUMBERLAND COUNTY $71.718.92 C1 $1,968.93 X, r-zr nro $73 87.85 zC) x?? Phe Hallinan & Schmieg, LLP Jobli Michael Kolesnik. Esa.. Id. No.308877 N rri W r N C "!l z ca ? 46 C3 O -n o? Attorney for Plaintiff O d O W a a oa d OH ? w? ?U r-' A ? W y O +? w ? as c? ? a I At v sa W o ??N ? 0 r ? a i + a ? U v d W i? z`^.. '? r d W 0 H U W W O? N 0 W a Ar+?-?o Owl a d ?a 00 0 C? a ?w 4° 43 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. BRIAN K. LANDIS LISA A. LANDIS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8002-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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phe n Hallinan & Schmieg, LLP J Michael Kolesnik, Esq., Id. No.308877 Attornev for Plaintiff rn ' crt Zp 3 :;;.C: C --r FY' 4 A WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. BRIAN K. LANDIS LISA A. LANDIS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8002-CIVIL CUMBERLAND COUNTY PHS # 279005 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., 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 7 WEST BEALE AVENUE, ENOLA, PA 17025- 2806. 1. Name and address of Owner(s) or reputed Owner(s): N -r. Name Address (if address cannot be reasonably t*t t «s --' ascertained, please so indicate) Z -V M ;:G cnr ? Z - F en BRIAN K. LANDIS 7 WEST BEALE AVENUE t - 440 ENOLA, PA 17025-2806 Z C) s"t LISA A. LANDIS 175 ASHFORD DR tr3 ` ENOLA, PA 17025-2302 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION NATIONAL BANK AS 31 WEST 52ND STREET INDENTURE TRUSTEE FOR ACE NEW YORK, NY 10019 SECURITIES CORP. HOME LOAN TRUST 1999-A FIRST UNION NATIONAL BANK AS 1600 VICTORY DRIVE INDENTURE TRUSTEE FOR ACE DALLAS, TX 75235 SECURITIES CORP. HOME LOAN TRUST 1999-A C/O FIRSTPLUS FINANCIAL, INC FIRST UNION NATIONAL BANK AS 1200 PRESTON RD. INDENTURE TRUSTEE FOR ACE SUITE 1225 LB 60 SECURITIES CORP. HOME LOAN TRUST DALLAS, TX 75230 1999-A C/O MORTGAGE RESOURCE NETWORK ATTN: JESSICA HAGEMANN 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ATTN: HENRY F COYNE, TOWNSHIP ENOLA, PA 17025 SOLICITOR EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ATTN: ROBERT L. GILL, MANAGER OF ENOLA, PA 17025 EAST PENNSOBORO TOWNSHIP Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name 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 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 1.7108 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 Q /'z By: KHallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC:. : COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : NO.: 11-8002-CIVIL BRIAN K. LANDIS LISA A. LANDIS VS. Defendant(s) CUMBERLAND COUNT' W - c ?C Z ..- t 4 NOTICE OF SHERIFF'S SALE OF REAL PROPERTYo -Q 0? TO: LISA A. LANDIS 175 ASHFORD DR xC- N --4 BRIAN K. LANDIS ?. 7 WEST BEALE AVE ENOLA, PA 17025-2302 ENOLA, PA 17025-2804 "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 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $71,718.92 obtained by WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8002-CIVIL WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. BRIAN K. LANDIS LISA A. LANDIS owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 WEST BEALE AVENUE. ENOLA, PA 17025-2806 Parcel No. 09-15-1291-275 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $71,718.92 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, R.S. dated July 30, 1974, as follows: BEGINNING at a point on the northern line of West Beale Avenue, said point being 175 feet east of the northeast corner of West Beale Avenue and a 15 foot wide alley; thence along the division line between Lots Nos. 42 and Lots Nos. 40 and 41 on the hereinafter mentioned plan of lots, North 05 degrees 30 minutes West, 150 feet to a point on the south side of Covert Street; thence along same, North 84 degrees 30 minutes East, 50 feet to a point on the division line between Lots Nos. 40 and 41 and Lot No. 39 on said plan; thence along same, South 05 degrees 30 minutes East, 150 feet to a point on the northern line of West Beale Avenue; thence along same, South 84 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story frame dwelling and frame garage, known as 7 West Beale Avenue, Enola, PA 17025. TITLE TO SAID PREMISES VESTED IN Brian K. Landis and Lisa A. Landis, his wife, by Deed from William S. Sumski, Jr. and Jennifer A. Sumski, his wife, dated 04/21/1995, recorded 04/24/1995 in Book 121, Page 163. PREMISES BEING: 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 PARCEL NO. 09-15-1291-275 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME 7 f . j 'H' O N O T16`, MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. PHS # 279005 DEFENDANT SERVICE TEAM/ Ixh 201? MAR -8 AM 10' 00 BRIAN K. LANDIS COURT NO.: 11-8002-CIVIL LISA A. LANDIS CIJIMBERLA D COUNTY PENNSYLVANIA SERVE LISA A. LANDIS AT: TYPE OF ACTION 175 ASHFORD DR XX Notice of Sheriffs Sale ENOLA, PA 17025-2302 SALE DATE: June 6, 2012 SERVED Served and made known to LISA A. LANDIS, Defendant on the d'?f Sfday of 20 f 3 , at 7:-631 o'clock . M., at 1 SFFftRD DA, EAfdLA , P4-, in the manner described below: ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age - Height Weight SO Race W Sex ?- Other _ I, mss"" D LL , 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. DATE: NAME: PRINTED NAME: P D 7oc D AOL-(- _ TITLE: ,?0,4ck-s S S?li ti/` 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: 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. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 CU! 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. BRIAN K. LANDIS LISA A. LA.NDIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8002-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: Plaintiff commenced this foreclosure action by filing a Complaint on October 21, 2011. 2. Judgment was entered on December 22, 2011 in the amount of $71,718.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 279005 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 6, 2012. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $69,468.63 Interest Through June 6, 2012 $7,034.73 Per Diem $15.23 Late Charges $141.72 Legal fees $1,300.00 Cost of Suit and Title $989.50 Property Inspections $195.00 Mortgage Insurance Premium/ Private Mortgage Insurance $46.44 Escrow Deficit $668.90 Suspense/Misc. Credits ($5.00) TOTAL $79,839.92 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 22, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 279005 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 "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. DATE: ?- Phelan Hallinan & Schmieg, LLP BY: C--/ _ Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 279005 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. BRIAN K. LANDIS LISA A. LANDIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8002-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRIAN K. LANDIS and LISA A. LANDIS 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 7 WEST BEALE AVENUE, E-NOLA, PA 17025-2806. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary 279005 sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 279005 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the 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. 279005 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 Sheriff s 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 Sheriffs 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, 279005 Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters. loan documents, account records, title reports and supporting documents. preparing and 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. 279005 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 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 Sheriff s sale. 279005 Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only. Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. 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, 279005 which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 279005 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: o? Z Phelan Hallinan & Schmieg, LLP _ By: C ZL-? -1-1 sa J. Cantwell, Esquire Attorney for Plaintiff 279005 Exhibit "A" I:I! ED-OFFICE PHELAN HALLINAN & SCHMIEG,4,IHE PROTHONOTARY Melissa J. Cantwell, Esq., Id. No.3089122011 DEC 22 AM 11: 51 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE. INC., F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC. VS. CIVIL DIVISION BRIAN K. LANDIS LISA A. LANDIS No. 11-8002-CIVIL PRAECIPk FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOT. Kindly enter judgm t in favor of the Plaintiff and against BRIAN K. LANDIS, and LISA A. LANDIS, Defend t(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof d for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follo`jvs: As set forth in Complaint $71,718.92 TOTAL $71,718.92 1 hereby certify that (1) the Defendants' last known addresses are 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 and 175 ASHFORD DR, ENOLA, PA 17025-2302, and (2) that notice has been given in accordance with Rule Pa.R.C. 2311. Date AIM) 1 ?_'/ (T Melissa J. Cantwell, Ire Attorney for Plaintiff DAMAGES ARE HEREBY DATE: iZ PHS N 279005 ` ASSESSED AS INDICATE ? Cam'` 1132w! I??a?P4?3 Ohre ?W ROTHONOTARY 279005 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX9: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 22, 2012 BRIAN K. LANDIS LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 BRIAN K. LANDIS 7 E BEALE AVE ENOLA, PA 17025-2804 LISA A. LANDIS 175 ASHFORD DR ENOLA, PA 17025-2302 RE: WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. v. BRIAN K. LANDIS and LISA A. LANDIS Premises Address: 7 WEST BEALE AVENUE ENOLA, PA 17025 CUMBERLAND County CCP, No. 11-8002-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),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. A V ? truly yours Meliss,I 1. C.aritwel ,.sq ire Attorney for Plaintiff Enclosure 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., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. BRIAN K. LANDIS LISA A. LANDIS Defendants No.: 11-8002-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 individuals on the date indicated below. BRIAN K. LANDIS LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 LISA A. LANDIS 175 ASHFORD DR ENOLA. PA 17025-2302 DATE: BRIAN K. LANDIS 7 E BEALE AVE ENOLA, PA 17025-2804 Phelan Hallinan & Schmieg, LLP By elissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 279005 e3.OI .. ,_,1 E ' `` V -' 3 1 +f' yy?' 1 s Y E I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. BRIAN K. LANDIS LISA A. LANDIS Defendants No.: 11-8002-CIVIL RULE AND NOW, this day of j 2012, a Rule is entered upon the Defendants 4X - to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 this matter. BY OUR J 279005 Melissa J. Cantwell, Esq., Id. No.308912 I/ Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 l? BRIAN K. LANDIS b LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 LISA A. LANDIS 175 ASHFORD DR ENOLA, PA 17025-2302 , Pi '5""I"l 41//3//'?' ' 1i L - /BRIAN K. LANDIS 7 E BEALE AVE ENOLA, PA 17025-2804 279005 279005 r PROTIT)NOTAI 2012 APR 10 hm 10 U Phelan Hallinan & Schmieg, LLP r.UMBERLAND COU"'Y Melissa J. Cantwell, Esq., Id. No.308912 PENNSYL'/ANWTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff vs. BRIAN K. LANDIS LISA A. LANDIS Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8002-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 3, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. BRIAN K. LANDIS LISA A. LANDIS 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 LISA A. LANDIS 175 ASHFORD DR ENOLA, PA 17025-2302 BRIAN K. LANDIS 7 E BEALE AVE ENOLA, PA 17025-2804 P lan Halli & Schmie LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 279005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County vs. BRIAN K. LANDIS LISA A. LANDIS No.: 11-8002-CIVIL Defendants fi ORDER AND NOW, this l day of^7 , 2012, 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 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 June 6, 2012 Per Diem $15.23 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits TOTAL $69,468.63 $7,034.73 $141.72 $1,300.00 $989.50 $195.00 $46.44 $668.90 ($5.00) $79,839.92 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. '? L?iSa C.cc.? ?; 5 V /Srf??? ?,i/?/S CL La , o(; 5 VINVAIASNNN ,uNnoo 00183swn.) 63 :Z Hd ! - AVw l101 GN0H10J ?d 3 H I ? ) ? o J,A0-E`:1]11A B E COURT: J. 279005 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: 11-8002-CIVIL Re: WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. BRIAN K. LANDIS, and LISA A. LANDIS No.: 11-8002-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** 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. Very truly yours, By: Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant cc: Sheriff of CUMBERLAND County ;--',Lf-U-t1?, j' jt r THE FRQ? Ti`ION lr" V; 2012 MA Y 14 are g: U CUMBERLAND UUUNTY PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey PHS # 279005 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, : V. BRIAN K. LANDIS LISA A. LANDIS Defendant(s) CIVIL DIVISION No.: 11-8002-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/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hVirpto Fxhibit "A". MiftthefyB s wood, Esquire Attorne or Plaintiff Date: -5? ??O- 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 # 279005 ag a_ u $_ rn A `? sa ?hag? r g zap A O ... i J i ? ?C7i3??1t ?"!?'?!? CJ3llVNJ - o66 9 i gg G t: r ?'?. v W u >._ 2 u R O .a ._. G F E y e X•X '? w ? e •Q W }y ? ° 'C ? vj U tRl y .7 ? a `A O 6? ? u piWp m •`3 O T•? g v, a:- > o o?'o o e p N? f°n O V N ? •? N ? L•? rn ?? u Stn } T F w aF PG i a M W a a; o 0 0 d a ^o g y o a. a I E, W / / F, •• ° a ? ? 9 z ? p a a I ? a ? a ? s V O z F y O o ?• 96 a y °m ka Ya 5 a Z. z F ?? Uqk ? v? w O w a z z 3 W wd a w F w d P; Z wda ` p & 4 aWC F tn e osco a tw?'W N n?? p o W$ > ~ > 0 Fw 0 O0 ?W F.o O a F Fw O z ^ 05 Wo Fy a za WW ODO z> ' ; `• ?" z W 0D It +p?v?j +e y 0 Ow1% p a w ? , Y pWZv?i " o wF Oa0WF OZ ? m ? j, w i ?7We > s ? oag Uu> tn :woo`cg ?> a? vx .a o?g o D d0?R. zW w v? d? D a zw ?aq? . y FD z? ??t $ O>a h ?UO.. i,w d ao o. zW w>d da FF w zw`"a0. w> °ai- ?ilE a0 U?n O wt ?Gh z ?mqR- zii d ? t ??OGr zz ? t zOGZAZ O ez ZWP 00i.- C Z dUZ? OeO?Oay? p? 'c °' ?V W;oc p ?} O' , W??C7 z r oG? ] 0. u ° d _ 0 z o w 0 C 6l JW? o . w1z7m a. W z a o . w WH awdW z 0?a!' "A, too z ?nFE UDOG 7W w U e w? 5 Z" OF ?n,?[- D W.a0 ? - Qw V II F ?nW W a Np O k? o ? a ?wa ?W a D a "a W ? '? n $ O aziIz ?nn0 t az Z ? oto?n a?rP tn Oz a nz$3 a'"x w m . W .7 t? voogd H C`,?z?awF tr??oQr$? $0 OOp,7M ? o?o° atn S t Ot 3 ?t?° N z= o ? FhW W W rJd a W „ w< MZ U-.g M ma'SIUd M GU?U Uga z .. w w ?OwN FaC Y 1 z i # R # # Y 1 R R t Y Y 4 Y Y t R Y i Y Y Y 1 # t Y Y 4 R R R # R Y t ? N C d V •X N M ? ° .O s z N y C? "? N M O : V1 ?D h 00 T ? ,? U V F a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F i , , ? Sheriff ,. 1Li t) j. r ? Jody S Smith atlurrgP<<? ! 1 s Chief Deputy .:? ?1 f J ' Richard W Stewart Solicitor OFF, E ^F -?E a"FIRfFF CUt18CRLAtjD PENSYLVANIAiI rr Wells Fargo Bank, NA vs. Case Number Brian K. Landis (et al.) 2011-8002 SHERIFF'S RETURN OF SERVICE 03/24/2012 09:15 AM - Deputy Noah Cline, 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 actin , upon the property located at 7 West Beale Avenue, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/24/2012 09:15 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate ri 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: Brian K. Landis at 7 West Beale Avenue, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/26/2012 07:19 PM - Deputy Robert Bitner, 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 im personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lisa A. Landis at 175 Ashford Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/29/2012 Affidavit of Service on Lisa A. Landis filed in the Sheriffs Office 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Francis Hallinan, on behalf of Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $809.80 SO ANSWERS, July 12, 2012 !Y' !"?ounf?,?Suite 5henff. TFif:;S.^,`! Irv;. RON R ANDERSON, SHERIFF . S -Z) e--t /? '?-.7,? WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. BRIAN K. LANDIS LISA A. LANDIS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8002-CIVIL CUMBERLAND CO PHS # 279005 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the W1 Execution was filed, the following information concerning the real property located at 7 WEST BEALE AVENUE, ENOLA 2806. Name and address of Owner(s) or reputed Owner(s): Name BRIAN K. LANDIS LISA A. LANDIS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 175 ASHFORD DR ENOLA, PA 17025-2302 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION NATIONAL BANK AS 31 WEST 52ND STREET INDENTURE TRUSTEE FOR ACE NEW YORK, NY 10019 SECURITIES CORP. HOME LOAN TRUST 1999-A FIRST UNION NATIONAL BANK AS 1600 VICTORY DRIVE INDENTURE TRUSTEE FOR ACE DALLAS, TX 75235 SECURITIES CORP. HOME LOAN TRUST 1999-A C/O FIRSTPLUS FINANCIAL, INC FIRST UNION NATIONAL BANK AS 1200 PRESTON RD. INDENTURE TRUSTEE FOR ACE SUITE 1225 LB 60 SECURITIES CORP. HOME LOAN TRUST DALLAS, TX 75230 1999-A C/O MORTGAGE RESOURCE NETWORK ATTN: JESSICA HAGEMANN it of PA 17025- sold: 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) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ATTN: HENRY F COYNE, TOWNSHIP ENOLA, PA 17025 SOLICITOR EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ATTN: ROBERT L. GILL, MANAGER OF ENOLA, PA 17025 EAST PENNSOBORO TOWNSHIP 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 7 WEST BEALE AVENUE ENOLA, PA 17025-2806 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 by the may I verify that the statements made in this affidavit are true and correct to the best of my persona knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: 2 IZ By: tin Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 11-8002-CIVIL VS. BRIAN K. LANDIS LISA A. LANDIS Defendant(s) : CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA A. LANDIS BRIAN K. LANDIS 175 ASHFORD DR 7 WEST BEALE AVE ENOLA, PA 17025-2302 ENOLA, PA 17025-2804 * *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 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 is schedule to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $71,718.92 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAG , INC. (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, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x 30. 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 ca se. 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.) TILL Y YOU RIG EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. r 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 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 prop rty 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 th? 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 schedul of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ays after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection n his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t e Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8002-CIVIL WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. BRIAN K. LANDIS LISA A. LANDIS owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 Parcel No. 09-15-1291-275 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $71,718.92 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof mac by Gerrit J. Betz, R.S. dated July 30, 1974, as follows: BEGINNING at a point on the northern line of West Beale Avenue, said point being 175 feet ea t of the northeast corner of West Beale Avenue and a 15 foot wide alley; thence along the division lit e between Lots Nos. 42 and Lots Nos. 40 and 41 on the hereinafter mentioned plan of lots, North 5 degrees 30 minutes West, 150 feet to a point on the south side of Covert Street; thence along sa e, North 84 degrees 30 minutes East, 50 feet to a point on the division line between Lots Nos. 40 and 41 and Lot No. 39 on said plan; thence along same, South 05 degrees 30 minutes East, 150 feet t a point on the northern line of West Beale Avenue; thence along same, South 84 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story frame dwelling and frame garage, known as West Beale Avenue, Enola, PA 17025. TITLE TO SAID PREMISES VESTED IN Brian K. Landis and Lisa A. Landis, his wife, by Deed from William S. Sumski, Jr. and Jennifer A. Sumski, his wife, dated 04/21/1995, recor< 04/24/1995 in Book 121, Page 163. PREMISES BEING: 7 WEST BEALE AVENUE, ENOLA, PA 17025-2806 PARCEL NO. 09-15-1291-275 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO I1-8002 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff (s) From BRIAN K. LANDIS LISA A. LANDIS (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: $ 71,718.92 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($11.79 per diem) --- $ 1,968.93 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 232.00 Other Costs: Plaintiff Paid: Date: 2/14/12GIJ2iL David D. (Seal) Deputy REQUESTING PARTY: Name: John Michael Kolesnik, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 HK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY FROM RECD In Teetlmony whereo, l here unto set i and the of sold Court isle, I This day of 20 PrWt 09 14??AruE?C / On February 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered 7 west Beale Avenue, Enola, PA 17025 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 15, 2012 By: For Claudia B-rewbaker, Real Estate Coordinator --AT rd i, ._._. Writ No. 2011-8002 Civil Term Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. VS. Brian K. Landis, Lisa A. Landis Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-8002-CIVIL, WELLS FARGO BANK, N.A., s/b/m TO WELLS FAR- GO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC., vs. BRIAN K. LANDIS, LISX A. LANDIS, owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumber- land County, Pennsylvania, being 7 WEST BEALE AVENUE. ENOLA. PA 17025-2806. Parcel No. 09-15-1291-275. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $71,718- 92. PHELAN HALLINAN & SCHMIEG, LLP PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesi was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested in the subj matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 da of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i4e Patriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2011-8002 CIWI Term This ad ran on the date(s) shown below: Wells Fargo Bank, NA. s/b/m to 04/27/12 Wells Fargo Home Mortgage, Inc., f/k/a 05/04/12 Norwest Mortgage, Inc. 05/11/12 vs Brian K. Candle Use A. Landis 1 r -, ?? - - Att : Daniel S h l y c m eg By virtue of a Writ of Execution NO. 11-8002- TOLWELLSFARGOBAN& i Sworn to and subecribeitktLefiWe me this 236ay of May, 2012 A.D. N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. _ BRIAN K. LANDIS Notary Public LISX A. LANDIS owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, lvan>a, being (M (Municipality) ality) 7 WEST BEALE COMMONWEALTH OF PENNSYLVANIA AVENUE. EN01 A PA 17025-2806 Notarial Seal Parcel No. 09-15-1291-275 Sherrie L. Owens, Notary Public (Acreage or street address) Improvements thereon: RESIDENTIAL Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 DWELLING JUDGMENT AMOUNT: MEMBER, PENNSYLVANLI ASSOCIATION OF NOTARIES $71,718.92 Phelan Hallinan & Schmieg, LLP COMMONWI.ALTH OF PENNSYLVANIA Ct )1JN ] Y OF Ct'MBERLAND SS L Robert P. Ziegler, Recorder of Deeds in and for said County and State do herchti. certify that the Sheriff's Deed in which Wells Far c? Bank. N.A. is the grantee the same having been :gold to saic, grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on she 14 day of February. A.D. 2012, out of the Court of Common Pleas of said County as of Civil "Verrn. 20`11 Number 8002. at the suit of Wells Fargo Bank, N.A. against Brian K. Landis and Lisa A. Landis is duly recorded as Instrument Plumber 201221095. IN TESTIMONY WHEREOF, I have hereunro set my hand w, and ST al of said office this day of i 4 A. D. Fecorder of Deeds ?heoorder of 1 county, Wi*j PA My Conxniss?on res the fist Monday Jan. 2014