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HomeMy WebLinkAbout11-8127PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 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. PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 Defendant ATTORNEY FOR PLAINTIFF f % r LLiAQ7tWlD CTJ1'i 1 -V NIA COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?(_Bla? C11/l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 276730 ,? Qw? 9'a Pd `? P-*a4 (P 373 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 #: 276730 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: PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2007 PHILIP J. HELMS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GRAYSTONE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741825. By Assignment of Mortgage recorded 03/24/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200908720. 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. File #: 276730 6. The following amounts are due on the mortgage as of 07/09/2011: Principal Balance $144,291.21 Interest $3,267.81 03/01/2011 through 07/09/2011 Property Inspections $20.00 Subtotal $147,579.02 Escrow Credit 43.20 TOTAL $147,535.82 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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 $147,535.82, 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. k, B4., Id. No. 91656 Plaintiff File #: 276730 PHELAN HALLINAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Yale Avenue (50 feet wide) said point being 163.54 feet measured along the South side of Yale Avenue from the East side of South 22nd Street; thence South 03 degrees 51 minutes East, a distance of 135 feet to a point; thence North 86 degrees 09 minutes East, a distance of 78 feet to a point; thence North 03 degrees 51 minutes West, a distance of 135 feet to the Southern line of Yale Avenue; thence along the Southern line of Yale Avenue South 86 degrees 09 minutes West, a distance of 78 feet to a point, the place of BEGINNING. Being the same premises which Philip J. Helms and Lori A. Helms, husband and wife, by deed dated October 26th, 2007 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Philip J. Helms, Mortgagor herein. PROPERTY ADDRESS: 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 PARCEL # 01-22-0535-042 File #: 276730 VERIFICATION .lustina Luna, hereby states that h s e s Vice President Loan Documentation of WELLS FARGO BANK, N.A., in this matter, that he sh 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 of hi(ge 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. DATE: 1 11 032-PA-V2 File #: 276730 Title: Vice President Loan Documentation WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PHILIP J. HELMS, Defendant NO. 11-8127 CIVIL TERM IN RE: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT ORDER OF COURT AND NOW, this 7 h day of February, 2012, upon consideration of the Motion for Service Pursuant to Special Order of Court, it is ordered and directed that service of the complaint in this case upon Defendant Philip J. Helms may be made (1) by regular and certified mail at 2179 Yale Avenue, Camp Hill, PA 17011, service to be deemed complete upon mailing and (2) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. BY THE COURT, Christyl L. Peck, J. f -, /Lawrence T. Phelan, Esq. Phelan, Hallinan & Schmieg, LLP 'r One Penn Center 2 Philadelphia, PA 19103 11. 00 , Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP ?13 wir ? ?l+L S,.i ',HIE P R O T H O N O TA r? t Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 2017 MAR 15 AM 10' 08 Daniel G. Schmieg, Esq., Id. No. 62205 69849 Mi h l M Bradford Es Id No 11BERLANO COUNTY . , q., . . c e e Judith T. Romano, Esq., Id. No. 58745 CU prNNSYLVANIA 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 John M. 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. Plaintiff VS. PHILIP J. HELMS Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 11-8127 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 0 0-o'b 1l. 7SM a4, #R ? a 7a93S TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELANLN & SCHMIEG, LLP By: FDDaniel 1. 111V1GLL1, liar., lU. 1VV. .J41/4ncis S. Hallinan, Esq., Id. No. 62695 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 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: March 13, 2012 /mig, Svc Dept. File# 276730 Phelan Hall roan & 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 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 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 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. 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 VS. PHILIP J. HELMS Defendant(s) 1 A% t i 11` ?i'v ttvi'(7 8iry?5 i 2T12 MAR 27 AM IQ; 1 E: PENINSYU/A NIA ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-8127 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following persons, PHILIP J. HELMS at 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 on March 22, 2012, in accordance with the Order of Court dated February 7, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: March 22, 2012 By: Phel allinan & Schmieg, LLP La nce T. Phelan, Esq., Id. No. 32227 F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 obert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff Phs # 276730 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. Plaintiff r 'M BERL ND COUI, ', PENNSYLVANIA : COURT OF COMMON PLEAS CIVIL DIVISION VS. PHILIP J. HELMS Defendants CUMBERLAND COUNTY No. 11-8127 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. AN & SCHMIEG, LLP By: Jtormr Michael Kolesnik, Esq., Id. No.308877 e v v for Plaintiff Date: April 11, 2012 JMK/clo, Svc Dept. File# 276730 ar,,ks((.?S?d C ?i7) te38 94 a73Ea9 Phelan Hallinan & Schmieg, LLP John M. 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. Plaintiff VS. PHILIP J. HELMS Defendant COURT OF COMMON PLE4§ , CIVIL DIVISION MW L F n CUMBERLAND COUNT c6 r ? c r- -a C) No. 11-8127 CIVIL fl - v -.4 _ r'o AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated February 7, 2012 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in the Cumberland Law Journal on March 30, 2012 and The Sentinel on March 27, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: May 9, 2012 ATTORNEYS FOR PLAINTIFF Phelan ?.Sc mieg, LLP By: John . Kolesnik, Esq., Id. No. 308877 rney for Plaintiff 617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHS # 276730 KPL PROOF OF PUBLICATION OF NOTICE 4 , IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 s COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 30, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f &?arie oyne, E ' or SWORN TO AND SUBSCRIBED before me this 30 day of March, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 11-8127 CIVIL WELLS FARGO BANK, N.A. VS. PHILIP J. HELMS NOTICE TO PHILIP J. HELMS: You are hereby notified that on OCTOBER 25, 2011, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 11-8127 CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 where- upon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Mar. 30 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland fackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 27, 2012 COPY OF NOTICE OF PUBLICATION VnMy commission expires: TO PWW J. i4?- wb?Ar 4ii tl p °1"'" ,•` °'"-? .?, hom *" date of *a or bek" 20 68" x6'4"Y 4a 2ei iit you and a IF 1qV1WM #aY RM1? y,xpumay loxe W41MY or ,. _4AWYEK IMO TO OR . y?(iNfOpIM1AT10N Y.{ ?T A E fL?bl?l r pit 0 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 2,6 12, Notary Public NOTARIAL SEA- BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUIt18ERLAND CNTY ?y Camrnissicn Expr,s , 27. 2014 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. PHILIP J. HELMS Attorney for Plaintiff - "?`:)YL.!1P !llA CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-8127 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PHILIP J. HELMS, 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 TOTAL $147,535.82 $147,535.82 I hereby certify that (1) the Defendant's last known address is 2179 YALE AVENUE, CAMP HILL, PA 17011-5452, and (2) that notice has been given in a nce with Rule Pa.R.C.P . Date ?Lq thew B o squire Q??s??b,G4 Atto fo aintiff C" DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: `a pHs # 276730 PROTHONOTARY 276730 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. PHILIP J. HELMS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. I1-8127 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant PHILIP J. HELMS is over 18 years of age and resides at 2179 YALE AVENUE, CAMP HILL, PA 17011-5452. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date l U d? 276730 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS PHILIP .I. HELMS CIVIL DIVISION : No. 11-8127 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: a If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYF,NFORCEMENT OFA LIENAGAINST PROPERTY** 276730 PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 PHS #276730 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PHILIP J. HELMS TO Defendant(s) PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 NO. 11-8127 CIVIL CUMBERLAND COUNTY DATE OF NOTICE: S h THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7171)249-1166 By: Christy Donati, squire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 276730 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-8127 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 PHILIP J. HELMS (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'i 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: $147,535.82 L.L.: $.50 Interest FROM 6/6/2012 TO DATE OF SALE ($24.25 PER DIEM) - $4,437.75 Atty's, Comm: % Due Prothy: $2.25 Atty Laid: $251.00 Other Costs: Plaintiff Paid: Date. 8/30/2012 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supr@me Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO'BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V PHILIP J. HELMS Defendant(s) To the Prothonotary: Issue writ', of execution in the above matter: Amount Due Interest from 06/06/2012 to Date of Sale ($24.25 per diem) TOTAL Note: Plgase attach description of property. PHS # 276730 l5 ??oo _, ?a a Ck-l a? "3q NO.: 11-8127 CIVIL CUMBERLAND COUNTY $147,535.82 $4,437.75 - ? fir y ? cl CD . ; z w Attorney for Plaintiff m ? N N d r W o r- ti dx Q p., N d O ?a v Ov O? W ? w c O G? w ? V o. a° \ G a. = 3 0 xw LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Yale Avenue (50 feet wide) said point being 163.54 feet measured along the South side of Yale Avenue from the East side of South 22nd Street; thence South 03 degrees $1 minutes East, a distance of 135 feet to a point; thence North 86 degrees 09 minutes East, a distance of 78 feet to a point; thence North 03 degrees 51 minutes West, a distance of 135 feet to the Southern line of Yale Avenue; thence along the Southern line of Yale Avenue South 86 degrees 09 minutes West, a distance Of 78 feet to a point, the place of BEGINNING. HAVING thereon erected a one story brick and frame dwelling house. TITLE O SAID PREMISES IS VESTED IN Philip J. Helms, by Deed from Philip J. Helms and Lori A. Helms, /w, dated 10/26/2007, recorded 11/05/2007 in Instrument Number 200741824. PREMISES BEING: 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 PARCEL NO. 01-22-0535-042 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Centei Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGP BANK, N.A. Plainttiff V. PHILIP J. HEI?MS Def$ndant(s) r= 1; is. 'RO THONOTAR f Attorneys for Plaintiff 2012 AUG 30 AM 10: 36 CUMERLAND COUNTY. P NNS'YLVANiA COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8127 CIVIL : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant (X) 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 uns falsification to authorities. P man & Se i , LLP Allison F. Wells, Esq., Id. N .309519 Attorney for Plaintiff r WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff --ii 11? CIVIL DIVISION THE PRO i HONOTA "I V. 2012 AUG 30 AM 10: 37 NO.: 11-8127 CIVIL PHILIP J. HELMS Defendant(s) CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY PHS # 276730 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 2179 YALE AVENUE, CAMP HILL, PA 17011-5452. Name and address of Owner(s) or reputed Owner(s): Name PHILIP X HELMS 2. 3. 4. 5. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2179 YALE AVENUE CAMP HILL, PA 17011-5452 Address (if address cannot be reasonably ascertained, please so indicate) Name and ,'last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. M 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may w be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/QCCUPANT COMMO WEALTH OF PENNSYLVANIA, BUREAU F INDIVIDUAL TAX, INHERIT NCE TAX DIVISION DEPART ENT OF PUBLIC WELFARE, TPL CASUAL Y UNIT, ESTATE RECOVERY PROGRAM Domestic 1 elations of Cumberlapd County Common ealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Depa tment of Justice U.S. Attorney for the Middle District of PA Federal B ilding 2179 YALE AVENUE CAMP HILL, PA 17011-5452 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify t? at 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: B Phelan a man & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff WELLS FARGO BANK, N.A. PHILIP J. HELMS Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PHILIP J. HELMS 2179 YLE AVENUE CAMP ILL, PA 17011-5452 "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 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 is scheduled to be sold at the Sheriff's $ale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlislell PA 17013 to enforce the court judgment of $147,535.82 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 NOh 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 stale 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 w! as 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. ROTHONOTAr, ;' Plaintiff NI? AUG 30 AM 10: 37 VS. 1',UMBEr2LAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8127 CIVIL 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.) IF THE TAKE RI 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by call?ng 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. 13. 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 lentitled to a share of the money which was paid for your house. A proposed schedule of distribution of tie money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The s0edule shall be kept on file with the sheriff and will be made available for inspection in his office. This sc dule 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) ?lays 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 SHOUL D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ANNOT 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. 11-8127 CIVIL WELLS FARGO BANK, N.A. vs. PHILIPIJ. HELMS owner(s)I of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvtania, being (Municipality) 2179 YALE AVENUE CAMP HILL PA 17011-5452 Parcel o.01-22-0535-042 (Acreage or street address) Improverpents thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $147,535.82 Phelan HOlinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK $oulevard, Suite 1400 Philadelphia, PA 19103 215-563-7600 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Yale Avenue (50 feet wide) said point being 163.54 feet measure along the South side of Yale Avenue from the East side of South 22nd Street; thence South 03 degrees 51 minutes East, a distance of 135 feet to a point; thence North 86 degrees 09 minutes East, a distance of 78 feet to a point; thence North 03 degrees 51 minutes West, a distance of 135 feet to the Southern line of Yale Avenue; thence along the Southern line of Yale Avenue South 86 degrees 09 minutes West, a distance Of 78 feet to a point, the place of BEGINNING. HAVING thereon erected a one story brick and frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Philip J. Helms, by Deed from Philip J. Helms and Lori A. Helms, h w, dated 10/26/2007, recorded 11/05/2007 in Instrument Number 200741824. PREMISES BEING: 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 PARCEL, NO. 01-22-0535-042 -°", , ~i i /` f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~~iELLS FARGO BANK, N.A. Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County PHILIP J. HELMS Defendant No.: 11-8127 CIVIL RULE ,. AND NOW. this~~~- day of ~t~~Z`=~ 2012, a Rule is entered upon the Del~enda~lt to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall ha~~e t~~enty (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 THE COURT i ~ -; r_T ' ~, P ~~s 276730 CE,P`,cs ,~~,/~~r ~b~~~ / ~.~ ~111ison F. Wells, Esq.. ld. No.309519 Phelan Hallina^ & Schmieg, LLP 1617 .IFK Boulevard. Suite 1400 Philadelphia. PA 19103 TEL.: (215) 563-7000 FAX: (215) 563-3459 "' PHILIP J. HLLMS 2179 YALE AVENUE CAMP HILL, PA 17011-552 ~~r,~;n 276730 ~ .... i'. _ i i .. . , . ~a ! r ''~~~ ~~L,;D C~~~tii,; PHELAN HALLINAN & SCHMIEG, LL,P by: Allison F. Wells, Esquire, Atty. LD. No. 309519 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 2( 15256 3-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division v. Cumberland County PHILIP J. HELMS Defendant No.: 11-8127 CIVIL PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "B" to Plaintiff's Motion to Reassess Damages which was filed with the court on or about October 12, 2012. DATE: _ Phelan Hallinan & Sc ' '"--L:ffi ~~ ~~~ Allison Wells, Esquire Attorney for Plaintiff By: Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division ~~. Cumberland Count PHILIP J. HELMS Defendant No.: 11-8127 CIVIL, CERTIFICATION OF SERVICE I hereby certify that a true and. correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent. to the following individuals on the date indicated below. PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL,, PA 17011-5452 Phelan Hallinan & Schmieg, LLB?..-- -_.:_> ~r ' ~_ DATE: ~ U '' -~ -~-e° ~ -- _ .. Allison F. Wel s, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (21 S) 563-3459 Phelan Hailinan & Schmieg, LLP Representing Lenders in Pennsylvania and Nr;~~~ Jersey October 2.2012 PHILIP J. HELL\4S 2179 YALE AVENUE CAS-IP HILL. PA 1701 I-5452 RE: WELLS FAKGO BANK, N.A. v. PHILIP J. HELMS Premises Address: 2179 YALR AVENUE CAMP HILL. PA 17011 CUMBF,RI,AND County CCP, No. I 1-8127 CIVIL, Dear Defendant. 1:nclosed please find a true and correct copy of my proposed Motion to Reassess Damages .end Order. I~~~ accordance with Cumberland County Local Rule 208.3(9), I am seeking your coneun-ence with the requested relief that is, increasing the amount of the judgment, Please respond to me within 5 days, by 10!0912012. Should you have fiu-ther questions or concerns, please do not hesitate to cont~:Xet rr~e, tJtherwise, please be guided accordingly. Very truly yours, ~~----`=~'' Allison F. ~~cfls,~.;.:h;j,. No.309519 Attorney For Plaintiff Enclosure 276730 £"4661 3~lUJc#~' iN~~f~ t731ip'i~t . l~pZ Zt~.L~O 95Zitlb©00 CI~~ ~~ ~ MV1 Z ti '~ ~~ a.. ~ ~ ° on a~ ,_. ~ ~ r~ s~ ~~ v rn ,~ > a, °' c ~ a`, <C ~ ~ moo. ~~U `~ x ~ ti A, 'L7 a~ ~-- c a`OOa'°.. ii L ~ }~, ~ y~ ~/ ~ h ~+. O ~ ~~c~ ~" ~ G ~X ~_~ ~ 2 "y c ~E ~ ° c ~, w ~Vgo ~ E .'_? ~. 4 3 L' Te c Y O ... ~ rt ~ ~ E w L ~ G ~ ~ b ~ ~ y£kr ~; '° F ~a, $ ~ ~~ ~ ~' ~~ ~~ s 9.an~O p~^ w ~ y~ ej ~ ~ _Y O L ~ r c ~ 1'~w~E w O ?± o a w w P C' S5 e.4 .E ur w c cn e3 c ~ ~ a~i O u ~ .+; ~~ a ~~ ~ ~,~~ V z ~~ ~~ 8 ~a u~ ~~ a0 ~ o ~a 5 ~ z~ ~ {6~ F CL G V T .D ~i ..~ 0. ~~i~ ~~~~ f a c*3 ry ti c~~ Phelan Hallman & Schmieg, LLP Allison F Wells, Esd., Id. No.309519 1617 .IFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-56 ~-701)0 WELLS FARGO BANK, N.A. Plaintiff ~ s. PH[LIP J. 1 lEI_MS ATTORNEY FOR PLAINI~IFF Court of Common Pleas Civil Division. CUMBERLAND County No.: 11-81?7 ~:'1VlI, Defendant CERTIFICATION OF SERVICE I hrreby certify that a true and correct copy of the Court's October 17, 2~ 1 ? R~.ile directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not he granted was served upon the following individual on the date indicated belo~~ . PHII_1P .I. I-TEEMS 2179 YALE AVENUE CAMP HIL,L_ PA 17011-5452 DATE: _~ Phelan Hallin c mieg, LLP ,~..- ~-° ___. .~ , Allis sq., Id. No.3095~~~~~ _:._ ~-~ Attorney for Plaintiff ' .: q- 276730 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff X12 NEIL` -9 A~ 10~ ~ 1 308912 RNEY FOR PLAINTIFF ^~."P~~ERL~NU CO~~ P~~SYLVANIA Court of Common Pleas Civil Division vs. CUMBERLAND County PHILIP J. HELMS No.: 11-8127 CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 12, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 2, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 3. A Rule was issued by the Honorable Christylee L. Peck on or about October 17, 2012 directing the Defendant to show cause by November 6, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 4. The Rule to Show Cause was timely served upon all parties on October 31, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. 276730 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P lan inan & Sc g, LLP DATE: NOV 0 8 2012 B . Y ' sa J. Can e 1, Esq., Id. No.308912 Attorney for Plaintiff 276730 Exhibit "A" 276730 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 2, 2012 PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 RE: WELLS FARGO BANK, N.A. v. PHILIP J. HELMS Premises Address: 2179 YALE AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-8127 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ,~~~ Allison F. ' e s, No.309519 Attorney for Plaintiff Enclosure 276730 b N f; Y,r,i L R p~, ~~ ~ ~~ J t~'4 i {~ ~.~ N U s,tz ,~ ~L~~ F~ ..~ j:) ~: ~': ~~ 1~ ~ - < <'~~ °f ~ ?~ ~ ' i f ~ ~~~' ~b ~~'~ i r9 , b ` °k j . h ~ ' ~~'~ ~ . +~~~Y"!(< 'fit.. Exhibit "B" 276730 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WILLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County PHILIP J. HF.,LMS No.: 11-8127 CIVtL Defendant R~ U~LE~ AND NOW, this .day of ~,~~_~<~2012, a Rule is entered. upon the Defendant to show caLise 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 this matter. BY ~l~lil~; COURT ~~ _~- ':~. ~.... ....J ` . ~-,J -..,.1 -~_ ~ ~j~_` ~ t ~ Irk ...,~ - .. .. .. i -..~~. F ~ < I f ... __ C -i ~ ~'~ .... .!'.~ r,:] 27673.0 Exhibit "C" 276730 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v5. PHILIP J. HELMS ATTORNEY FOR PLAINTIFF Court of Common Pieas Civil Division CUMBERLAND County Nb.: 11-8127 C~ ~°'`~ ~~-~' ,~ - a~~ Defendant ~;~~ .CERTIFICATION OI' SERVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing 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. PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 ~~ Phelan 1-1G~lliti~c~~-ceg> LLP ~ ";'`' ;. ~;:: DATE: _ ~ .~ I~ ------~-_,.~ ._~:..._ ~. Allisotrt~;'~~V;~~d:, Id. No.309519 Attorney for Plaintiff ~"`w7 .. y ., ~: 276730 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 vs. PHILIP J. HELMS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8127 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individual on the date indicated below. PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 DATE: elan Hallinan & Schmieg, LLP BY~ ~ ~ i NIBIi~a J. Cantwe~'~:-la. No.308912 Attorney for Plaintiff 276730 .j--,. `~ J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff VS. PHILIP J. HELMS Defendant Court of Common Pleas n ,...., *`' _.r c- -~ ; : -~ ~ : Civil Division ~ ~ ~ ~ --~ _ ~ , ,-K • ~` +C _ , -r„a ~; , CUMBERLAND Coin v-e ~-? r'~~ No.: 11-8127 CIVIL ~: C; ; . p, c :~:_ t~ ~ r , ORDER AND NOW, this /yam:., day of ~[~~a~`~;`~12, upon consideration of Plaintiff's motior. 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 tune as follows: Principal Balance $144,291.21 Interest Through December 5, 2012 $16,202.46 Per Diem $25.20 Legal fees $1,875.00 Cost of Suit and Title $1,003.83 Property Inspections $260.00 Property Preservation $463.37 Escrow to be paid prior to December 5, 2012 $2,626.43 Escrow Deficit $4,422.36 TOTAL Plus interest at six percent per annum. $171,144.66 Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. /Slj, C,,i -~ ~~ BY THE COURT: ~,~ 1. 276730 . _ ~ ,. _ a t 'J ~ N , i ~ PHELAN HALLINAN & SCHMIEG, LLP .~ , R ~ rt , t ;~ : 4, Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 ~; L_ ~':, ^ ~ C; ~ L ~~' ~'' One Penn Center Plaza t ~ ~- ~~ d :~~ ~~ ~ ~~ Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. PHILIP J. HELMS Defendant CIVIL DIVISION NO. 11-8127 CIVIL 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 and certified mail, return receipt requested, to PHILIP J. HELMS on OCTOBER 10, 2012 in accordance with the Order of Court dated FEBRUARY 7, 2012. Publication was advertised in THE SENTINEL on OCTOBER 12, 2012 & in THE CUMBERLAND LAW JOURNAL on OXTOBER 19, 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: s Phelan Hallinan & Schmieg, LLP By: Jonat obb, Esq., Id. No.312174 Attorney for Plaintiff r• WELLS FARGO BANK, N.A., IN THE COURT OF CONPVION PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~. : CIVIL ACTION -LAW PHILIP J. HELMS, Defendant NO. 11-8127 CIVIL TERM 1N RE: MOTION FOR SERVICE Pt.JRSUA]VT '1'O SPECIAL ORDER OF COURT ORDER OF COURT AND NOW, this 7`~' day of February, 2012, upon consideration of the Motion for Service Pursuant to Special Order of Court, it is ordered and directed that service of the complaint in this case upon Defendant Philip J. Helms may be made (1) by regular and certified mail at 2179 Yale Avenue, Camp Hill, PA 17011, service to be deemed complete upon mailing and (2) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. BY THE COURT, `~. . ~~ 1 Christyld~ L. Peck, J. Lar~ence T. Phelan, Esq. ielan, Hallinan & Schmieg, LLP One Penn Center Philadelphia, PA 19103 Attorneys for Plaintiff ~~~ ~j ~t ,~~~ /! 0 F~+ O N O x i n C~ O r n C~J y I~ ^~ l 1 Oy JJ 1~ ~^ ~I 1 3~- "d ""1 ~ r_ 7 CC ~ y z N ~ o ~ ~ ~ ~, ~, ~ W ti r= ~' B c ~ - g~ ~ zv ° ~ cn ,~ „ -, ~ ~ * ~ * * ~ ~ * ~ ~- ~ z-~ b Y i~ z w ~ ~ xr~ a ~ ~ ti~ r~ a b "'1 N ~ ~ ~ x `r y ~ ~ ~ O 'v V ~ b ~ C" ~~ ~~ o x ~~3 z~ ~ r ~ c ~ ~ a a N ~ mro ~ o ~ o~ D ~ ~' ~ i9 n°'. N ~o O UG O tlQ ~ y~ ~S ~Y j~ E ~ 9 , t ,tpt ~ w~eer,c x F ssa / ~' a w ~ a ~ ~ y ~ "S .7 a ii ~O~ _. ~ ~ o. ~ t" 'C p Z ~~~ ~ l ~ ~ ~o '. ~ w= z R~ ,~ ~x O ': ~ A O O ~,~ 5 59° '~~ MAILED FRGfi~ r~ f_a , }F. ' ~, , Mini nun Wi i~u~uii~ LXH / 276730 1020 PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com®-Track & Confirm English Customer Service U5P5 Mobile /~~~.4Mw. ~L.er~ ~~J C,~rr:.k. T{~t;Is Shit; a Package Seri: Maio 6~ianage Your Mail Track & Confirm GCr EhtAIL I.iPOATE'i PRIM1T DF.TAfL> Page 1 of 1 Rayister %Siyn In Sean: USr'S.: ~ ~~.T,. ;c: I''-,:kaaea ~'70~) CiUSirie55 Si)lutlons YOUR LABEL NUMBER SERVICE STATUS OF YDUR ITEM DATE a TIME LOCATION FEATURES 717824176D95U11*J2593 First-Class Mails Delivered October 17, 2012, 6:31 am PHILADELPHIA, PA 19103 Return Receipt Electronic Notice Left (No October 16, 2012. 11:37 am PHILADELPHIA, PA 19103 Authorized Recipient Available) Arrival at Unit October 16, 2012, 6:39 am PHILADELPHIA, PA 19104 Depart USPS Sort October 16, 2012 PHILADELPHIA, PA 19176 Facility Processed through Ocober 16, 2012, 2:16 am PHILADELPHIA, PA 19176 USPS Sort Facility Moved, Left no Address October 12, 2012, 8:41 am CAMP HILL, PA Depart USPS Sort October 12, 2012 HARRISBURG, PA 17107 Facility Processed through October 11, 2012, 10.48 pm HARRISBURG, PA 17107 USPS Sort Facility Electronic Shipping Info October 10, 2012 Received Check on Another Item What's your label (or receipt) number? Find LEGAL ON USPS.COM 4kivacy Patrcr ; Gov=rnment Serrice= > T~;rrns o1 lis2, t;uY S:amps $ Shop f~()I.c . Pint ; L3t>Pi with Pf:s1i3()i .JO " _:r-.t'. A;.i EEi.~ D.~.., Cus±emr Service Sae Indax. ': ON ABOU7,USPS.COM '.ews~fnrn , P9ai Serv~~x UpdaYtns • Forms g, Pub!:Caii. n> _ i;ar~..i.. . OTHER USPS SITES Eusr:~ss i)i=:;iomer',._..... ~.*.y Prsiai ,nspe;.:lxs • In=pe::c~i ~.if'.nEl':i ~. 1~CSt~!. C:xp1MG' .; X9,11 Riq„i5 {lei]": av https://tools. usps.com/go/TrackConfirmAction.action?tLabels=71782417609901102593 11 /6/2012 PROOF OF PUBLICAT'IO]v_ .. State of~ Penflsvlvania- County of C~Ilnherland la 1ae_!. tax, Sales Director, of The Sentinel, of the Count' an<.~ Stag aforesaid. 4~1~~1rr duly ~~. r~rn, deposes and says that THE SENTINEL, a ne~.vspaper of general circ>_d<lti:n7 in the 137 ~~e~nt~;i ~ of Carlisle, County and State aforesaid, was established December 1 ~' ". ~~;R1; tii~~,_I,~ ~~~~~ich date ~CHE SENTI1~tEi_, has bee~1 regularly issued in said Count~~, al~~l khat the t~rinte~i notice or ~~ublication attached hereto is exacia~° thE~ same as was printl~f~l Gl~r I ~nlblish~~d in the regular editions and issues of '! fl~_ SENTINEL m the following day(s): t~~-tober 12,_2012 (_,i_~PY t)F NOTICE OF PUBLIG~TION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11.8127 CIVIL WELLS FARGO BANK, N.A. Vs. PHILIP J. HELMS NOTICE TO: PHILIP J. HELMS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 Being in CAMP HILL BOROUGH, County of CUMBERLAND, Commonwealth of Pennsylvania, 01-22-0535-042- Improvements consist of residential property. Sold as the property of PHILIP J HELMS Your house (real estate) at 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM, ai the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of $147,535.82 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. Affiant further deposes that he;~ sI~I~~~ ~~ ~~to!. interested in the subject matter <~.+ tl-It~ aforesaid notice or a~.l.yertisemf~nt, .In:? that all allegations in the foregoing ~ta~~,'rn>nt as to time, place and character of }~ub~ics~fion are trui,,. r~ r- ~ d i ~ ~~ 1 . J ~. . ~~ ~" r , tE' PHELAN HALLINAN & SCHMIEG, LLP Attomev for Plaintiff Sworn t~~ and subscribed befor,~ i,,,, PJi=~ :,1. ,~ ~ .x. u ~'ii ,..k; Notary I'u~-~ii~~ Nfv conunission expi::~es: PROOF OF PUBLICATION OF NOTICE '" IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 19, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,---~ ~ ~ ` is arie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 19 day of October, 2012 Notary NOTARIAL SEAL DEEiORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 .~ ? -: CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-8127 CNIL WELLS FARGO BANK, N.A. vs. PHILIP J. HELMS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: PHILIP J. HELMS Being Premises: 2179 YALE AV- ENUE, CAMP HILL, PA 17011-5452. Being in CAMP HILL BOROUGH, County of CUMBERLAND, Com- monwealth of Pennsylvania, 01-22- 0535-042. Improvements consist of residen- tial property. Sold as the property of PHILIP J. HELMS. Your house (real estate) at 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 is scheduled to be sold at the Sheriff's Sale on December 5, 2012 at 10:00 A.M., at the CUMBER- LAND County Courthouse, 1 Court- house Square, Carlisle, PA 17013, to enforce the Court Judgment of $147,535.82 obtained by, WELLS FARGO BANK, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Oct. 19 10 s t ~ ifi PHELAN HALLINAN & SCHMIEG LLP ~ ~ ~ ~'~ ' ~ 4} ~~' ` C Attorney for Plaintiff Andrew J. Marley> Esq., Id. No.312314 „,~, ; r; ~ ~ ~ ~ ~ ~ ~ ~ ~,, 1617 JFK Boulevard, Suite 1400 ~ ~ `~ ; E' ~ ~~~~ ~~~ ~ ,.; 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. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. PHILIP J. HELMS Defendant(s) CIVIL DIVISION No.: 11-8127 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 h o E 'bit "A". rew J. Marley, E ., Id. No.312314 j Attorney for Plaintiff Date: ~% IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the alaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 276730 ti_ WELLS FARGO BANK, N.A. , Plaintiff v. PHILIP J. HELMS . Defendant(s) , COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8127 CIVIL CUMBERLAND COUNTY PHS # 276730 AMENDED 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 2179 YALE AVENUE, CAMP HILL, PA 17011-5452. 1. Name and address of Owner(s) or reputed Owner(s): Name PHILIP J. HELMS Address (if address cannot be reasonably ascertained, please so indicate) 2179 YALE AVENUE CAMP HILL, PA 17011-5452 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) JOHN N. ELLIOTT, ESQ., 119 E MARKET STREET ATTY FOR PENN WASTE, INC. YORK, PA 17401 REAM, CARZR, MARKEY & WOLOSHIN LLP PENN WASTE, INC. CAMP HILL BOROUGH 85 BRICKYARD ROAD YORK, PA 17402 2145 WALNUT STREET CAMP HILL, PA 17011 SCOTT A. DIETTERICK, ESQ., ATTY FOR CAMP HILL BOROUGH JAMES, SMITH, DIETTERICK & CONNELLY,LLP P. O. BOX 650 HERSHEY, PA 17033 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 1 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) CAMP HILL BOROUGH 2145 WALNUT STREET CAMP HILL, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name 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 2179 YALE AVENUE CAMP HILL, PA 17011-5452 COMMONWEALTH OF PENN5YLVANIA, 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG, PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: ~lT sy: -- an allinan & Schmieg, LLP Andrew J. Marley, Esq., Id. No. 14 Attorney for Plaintiff Name an~3 ['hclan E[allinaa& Sehmicg, LLP ~~ddres ~ 1L17JF1C13oatevafd,Su~te14D0 Uf Sender Cke Penn Cerrter Plaza P6E1ade hta,PA }9103 AZI{IMAP- Lina Artea~ Number Name got Addressee, Street, and Putt Qtfice Address E '+•• Camp FillE BoroaEA 2145 W81naf Strcet~ Cans HUE PA 170!1 Z **•• Csmp Hilt Boraugls 2E45 Wa6ritStrset _ . __ __._. CAMP [TILL, PA 19011 ~ ~~,** JOHIV N_ LrLLICITT, ESQ> aTTY FOR PENN WASTE. I1• REA1>rI,CARR, MARKEY $ WOLOSHIN LLP 119 E MARKET STREET Yd PA 1740# ~---- 4 •~`• Pean Waste,tac. 85 Brickyard Road ~~ - York, PA 17402 3 +•*~ SCOTT A. DIE'ITERICK, i;SQ., ATTY F6It CAMP HI JAMES, SMCCF[, DIETTERIC[C & CUNNELLY, LLP P. O. SOX 650 '' ~,3 f`y [iEttSHEY; PA 17033 RE: PIIILII'J.IEELMS CliMBERLAND u ~~ '-ald :iam6er of ofF :oem Pmawlc*. Per;Nmx of :4cha [.aKS ty Sen:lu R<ccivcduPoS~tMicc Rcc<r.aA Eaol~r<c} `~ F'OCIU 3877 R'aesimile ;:. h T .;,={ f a N SALE 50.44 50.44 50.44 +~ .Kl~' ~r ~~~~ ~~44; ~~ u ~~.~~ ~` + ~, -~ ,:,o ~~ ~rT ~ ~ ~~3t7Mf4 ra ~ 7ne tuu dectam~,a. of vYaa ,< <.q,uc oe as dxnaebc sed m~wnaW vegataed mut. The maeirto~e oa.meiy prytlie. fi.. th< rcmnaruetiwe of ogonabl. dorumee~s umin Eapnse MaJ doan«a< rvomaueskn inarva u SS0,000 per p~~n+hpamai:mto SS6©OM qr vr.oea.: TM awxia,~~aad.mmerpapeht. on 6Rp,esa Nal msrakaadixerc S50). 71~..mea m ~adxm.i pryaWa u SSS ip0 for rtgircuvd vaiF, ~,r wixb optional 8uaranu. Sa Ibnesw Mail Tdm~u# R9M 5833 and S9Z7 far 6c>rtrcimsofco.cram. Name and Phelan HalJma¢ & 5chm"reg, LLF' Amass ~ i6f i IFK Bau evarcf, Suite 1400 CIf Sider One perm Ger,tcr PJxcn Philadcfvttia PA 19103 Line~< tCrfitie itfurol>er Nam+n ofAddreseec St and Post O~c 1` '••• 'PEIHAM7l7C CUPANT 2179 YALE AltENUE - CAMP 1iILL, PA 17UI1-5452 2 Y""' -~ GOMMONWEALTHOFPEiVNSYLVA~ i D[VIS{ON tSTII NLfX1R. STRAWBERRX 5"fo DBIr - NARRISBURrG, PA i71Zb 3 • •:• DN.~',11tT3KIiNT OF PUBLIC Wki.FARE P.O_ ROX 9486 WILLs?W OAK BUILDIi'fG " HARRISBURG PA t?16S 4 *«"* t)oeoestic tielAtiwu of Cunberlntnd Counfy 13 1~iortb Iianaver Strecf Carlia PA 17013 5 ""« ComtaonwsAltEofPcnnsylranta Department of Wegarr P.O. Bos Zt;75 6 ~ Harrisburg, PA 17105 _ _ xx«~ + Interval Rerenue Service Advitory 1~)(.111l~y A4C{ipCR90nf 704 PtttsburgY~PA ISZ22 _ ~ xxxx U.S. DepArYtnent Of Justt[t U.S. Attorney for the Middle District nfP! Fedent Building t 228 Walnut Sir'eet, Sufte 221! 1'fl tioz i 1754 l~arriab• PA 1?1Q8-1754 Tptif .~tain4ic. of ToWMm+6tsdY+maes _.. __.-.~Wn[m~<r. Pn (Wnes Pixee L;rted dy Jtcrta Rceeivevi ff PU4.O@"tct icaCeiyRt FmRloyteJ. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff ;', " ,' d i� Jody S Smith , Chief Deputy X "6j r� r 1 �: Richard W Stewart ' ' tMiLA, ll , r r� TIRE F ENti-YLV.A, A Wells Fargo Bank, NA(et al.) Case Number vs. 2011-8127 Philip J. Helms SHERIFF'S RETURN OF SERVICE 10/04/2012 01:49 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 2179 Yale Avenue, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County. 10/18/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Philip J. Helms, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found" at 2179 Yale Avenue, Camp Hill, PA 17011, address is vacant, defendant did not leave a forwarding at the post office. 12/05/2012 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/08/2013 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/03/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA on April 3, 2013 at 10:00 a.m.. He sold the same for the sum of$99,200.00 to Barry J. Kane of Central Penn Capital Management, LLC, being the buyer in this execution, paid to the Sheriff the sum of$ 04/26/2013 Proposed Schedule Of Distribution Posted on 4/26/13 05/13/2013 Distribution of Schedule as Proposed SHERIFF COST: $3,172.81 SO ANSWERS, May 13, 2013 RbNW R ANDERSON, SHERIFF icj uoun*vSu:0e Sheriff,"re!e e&oft.Inc. WELLS,FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO.: 11-8127 CIVIL PHILIP J. HELMS Defendant(s) CUMBERLAND COUNTY PHS #276730 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 2179 YALE AVENUE,CAMP HILL,PA 17011-5452. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) PHILIP J.HELMS 2179 YALE AVENUE CAMP HILL,PA 17011-5452 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) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and-address of eve other person of whom the plaintiff has knowledge who has an interest in the roe which may be affected by the sale:every p p g y property rtY y Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 2179 YALE AVENUE CAMP HILL,PA 17011-5452 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S. Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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: B ./ Phelan Ha man & Schmieg,LLP Allison F. Wells,Esq., Id.No.309519 Attorney for Plaintiff r ' WELLS FARGO.BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8127 CIVIL PHILIP J. HELMS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 "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 2179 YALE AVENUE,CAMP HILL,PA 17011-5452 is scheduled to be sold at the Sheriffs Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$147,535.82 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. 't r m , 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 J SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8127 CIVIL WELLS FARGO BANK, N.A. vs. PHILIP J. HELMS owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 2179 YALE AVENUE, CAMP HILL, PA 17011-5452 Parcel No. 01-22-0535-042 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $147,535.82 Phelan Hallinan &Schmieg,LLP Attomey for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 J - LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough,County of Cumberland, Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the South side of Yale Avenue(50 feet wide)said point being 163.54 feet measured along the South side of Yale Avenue from the East side of South 22nd Street;thence South 03 degrees 51 minutes East,a distance of 135 feet to a point;thence North 86 degrees 09 minutes East,a distance of 78 feet to a point;thence North 03 degrees 51 minutes West,a distance of 135 feet to the Southern line of Yale Avenue;thence along the Southern line of Yale Avenue South 86 degrees 09 minutes West,a distance of 78 feet to a point,the place of BEGINNING. HAVING thereon erected a one story brick and frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Philip J. Helms, by Deed from Philip J. Helms and Lori A. Helms, h/w, dated 10/26/2007, recorded 11/05/2007 in Instrument Number 200741824. PREMISES BEING: 2179 YALE AVENUE,CAMP M LL,PA 17011-5452 PARCEL NO. 01-22-0535-042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8127 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.Plaintiff(s) From PHILIP J. HELMS (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 GARNISHEES)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: $147,535.82 L.L.:$.50 Interest FROM 6/6/2012 TO DATE OF SALE ($24.25 PER DIEM)-$4,437.75 Atty's Comm: % Due Prothy:$2.25 Atty Paid: $251.00 Other Costs: Plaintiff.Paid: Date: 8/30/2012 David D.Buell,Prothonotary (Seal) By. �Q1 l Deputy REQUESTING REQUESTING PARTY: Name: ALLISON F. WELLS,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BLVD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.309519 TRUE COPY FROM RECORD In Testimony whereof,.l here unto set my hand and the seal of said Court at Carlisle, Pa. This da of P othonotary On August 31, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, known and numbered 2179 Yale Avenue, Camp Hill, PA 17011, fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2012 By: L �7 Claudia Brewbaker, Real Estate Coordinator 81 •� V Z, 9M GIOL 'I. 3 H S 114 1 10 3"1.;�' CUMBERLAND LAW JOURNAL Writ No. 2011-8127 Civil Term WELLS FARGO BANK,NA VS. PHILIP J.HELMS Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 11-8127 CIVIL,WELLS FARGO BANK, N.A. vs. PHILIP J. HELMS, owner(s) of property situate in the BOROUGH OF CAMP HILL, Cum- berland County,Pennsylvania,being 2179 YALE AVENUE.CAMP HILL,PA 17011-5452. Parcel No. 01-22-0535-042. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$147,535- .82. 52 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 Coyrie,Esquire, Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Visa Marie Coyne, fditor SWORN TO AND SUBSCRIBED before me this da of November, 2012 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Central Penn Capital Management LLC is the grantee the same having been sold to said grantee on the 3rd day of A pril A.D.,2013,under and by virtue of a writ Execution issued on the 30th day of Augus ,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,2011 Number 8127, at the suit of Wells Fargo Bank,N.A. against Philip J. Helms is duly recorded as Instrument Number 201318598. IN TESTIMONY WHEREOF, I have hereunto set my hand �-7iL an 7eal of said office this day of A.D. Q Recorder of Deeds Recorder 01flewhoww County,Caftle,PA My Comcnisviai 6�ires u3e Fast Monday of Jan.2014