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Home My WebLink About11-8363I A 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION V. Plaintiff DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 Defendants ATTORNEY FOR PLAINTIFF 282417 COURT OF COMMON PLEAS TERM NO. j-8'3b3c?j!?- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C-) -+n - rn r- m 45 ° o - 2 a = n o-n _ _ CDM C: 0 03? .03 lAssl- File #: 282417 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 #: 282417 I . 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: DENNIS A. DARK PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/17/2008 DENNIS A. DARR and PAMELA G. DARR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FRANKLIN AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200815161. By Assignment of Mortgage recorded 02/24/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201004668. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 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 #t: 282417 6. The following amounts are due on the mortgage as of 09/27/2011: Principal Balance $158,575.39 Interest $7,265.85 02/01/2011 through 09/27/2011 Late Charges $129.32 Property Inspections $16.25 Escrow Deficit $3,567.54 Subtotal $169,554.35 Suspense Credit ($1,286.76) TOTAL $168,267.59 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 $168,267.59, 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 & SCHMIEG, LLP By: R ert W. Cusick, Esquire Attorney for Plaintiff file #: 282417 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the Western line of Stoner Avenue at the Northern line of a proposed street to be known as Walnut Street; thence Westwardly along the Northern line of Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence Northwardly parallel with the Western line of Stoner Avenue seventy (70) feet to a point; thence Eetwardly parallel with the Northern line of the proposed Street to be known as Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the Western line of Stoner Avenue; thence Southwardly along the Western line of Stoner Avenue seventy (70) feet to a point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of Walnut Street beginning at the Eastern line of Stoner Avenue and extending Westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the Western line of Stoner Avenue. PROPERTY ADDRESS: 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755 PARCEL # 37-23-0555-258 032-PA-V3.1 File #. 282417 VERIFICATION Florence Gomez, hereby states that /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that /she is authorized to make this Verification, and verify that the statements made in the for going Civil Action in Mortgage Foreclosure are true and correct to the best of //her 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: NAME: Darr File #: 282417 Florence Gomez Title: Vice President Loan Documentation 032-PA-V3.1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE OF THE PROTHONOTAR's 2011 NOV 15 AM 8: 49 Richard W Stewart Solicitor QFF, r 'r' . CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, NA vs. Case Number Dennis A. Darr (et al.) 2011-8363 SHERIFF'S RETURN OF SERVICE 11/08/2011 07:03 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2011 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dennis A. Darr, by making known unto himself personally, at 106 S. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. '?/7Q 'Ge4_ TI BLACK, DEPUTY 11/08/2011 07:03 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2011 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela G. Darr, by making known unto Dennis Darr, Husband of Defendant at 106 S. Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM LACK, DEPUTY SHERIFF COST: $59.00 November 10, 2011 SO ANSWERS, RONR'Y R ANDERSON, SHERIFF (;oun?y5ulte Shea+. E. Teleosofl u?; FILED-OFF IC"* PHELAN HALLINAN & SCHMIEG, LLj T'HE PROTHUNOTA' zAttorney for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 2012 JAN 13 AM 10: 22 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. VS. DENNIS A. DARR PAMELA G. DARR : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 11-8363 CIVIL TERM 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 DENNIS A. DARR, and PAMELA G. DARR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $168,267.59 TOTAL, $168,267.59 I hereby certify that (1) the Defendants' last own a dre is 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755, nd (2) hat otice has been given in accordan e with Rule Pa.R.C.P 237.1. Date / auren R. Tabas, Esquire Z Attorney for Plaintiff au\ Fah,, DAMAGES ARE HEREBY ASSESSED AS INDICATED. a a to 9Vf DATE: ?t It PIR ON R 282417 PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. DENNIS A. DARR PAMELA G. DARR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-8363 CIVIL TERM 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 Plaintiff is without information sufficient to determine if 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 DENNIS A. DARR is over 18 years of age and resides at 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755. (c) that defendant PAMELA G. DARR is over 18 years of age and resides at 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755. This statement is made subje relating to unsworn falsification to authoriti Date I the phi alties of 18 Pa. C.S. Section 4904 L,Auren R. Tabas, Esquire Attorney for Plaintiff 282417 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DENNIS A. DARR PAMELA G. DARR CIVIL DIVISION No. 11-8363 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 1 a . By: 3-4-ka3to If you have any questions concerning this matter please contact: Lauren R. Tabas, 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 BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 7 WELLS FARGO BANK, N.A. V. DENNIS A. DARR PAMELA G. DARR Plaintiff Defendant(s) TO: DENNIS A. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 DATE OF NOTICE- December-1 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-8363 CIVILTERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 11"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE' SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 282417 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ( ' - By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 282417 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. DENNIS A. DARR PAMELA G. DARR Defendant(s) TO: PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 DATE OF NOTICE: December 1. 2011 NO. 11-8363 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 282417 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Law ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 282417 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8363 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 DENNIS A. DARR, PAMELA G. DARR (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: $168,267.59 L.L.: $.50 Interest from 1/14/12 to Date of Sale ($27.66 PER DIEM) - $4,010.70 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $198.50 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. B ell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff v DENNIS A. DARR PAMELA G. DARR Defendant(s) To the Prothonotary: Issue writ of execution in the kbpve matter: Amount Due Interest from 01/14/2012 to Date of Sale ($27.66 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8363 CIVIL TERM CUMBERLAND COUNTY $168,267.59 f _. rnC0 -n rr$_. r .._ CD Trn 2 ; =6 C _ ? 3 ,-; r. fi $4,010.70 Note: Please attach description of property. PHS # 282417 S . av'so 5 9. to wu: 9 C9. CD ((it 1(4 ..E?o l t cl Aso 4 Cn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff N411 5306 l( SS?'?(Q )2-# 2 -7 0 96'9 W/ e'f Ce IS 7,kt%,1 od U O ? A d w w? a c- I o ? W d pd.. 03 00 d 3 cn O?n AW/y V• Y^ d O H U W Y W ? O fl, M r ?s dA-a Owl A a' 7 w r- W -_, W? W O? ?xd WO? ?x r- 00 C) 0 t*t O a ?r W 514. a LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the Western line of Stoner Avenue at the Northern line of a proposed street to be known as Walnut Street; thence Westwardly along the Northern line of Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence Northwardly parallel with the Western line of Stoner Avenue seventy (70) feet to a point; thence Eastwardly parallel with the Northern line of the proposed Street to be known as Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the Western line of Stoner Avenue; thence Southwardly along the Western line of Stoner Avenue seventy (70) feet to a point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of Walnut Street beginning at the Eastern line of Stoner Avenue and extending Westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the Western line of Stoner Avenue. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Darr and Pamela G. Darr, husband and wife, by deed from Donald C. Meals, executor of the Last Will and Testament of Margaret J. Koch, aka Margaret J. Bryan, dated 08/31/2005, recorded 09/02/2005 in Book 270, Page 4008. PREMISES BEING: 106 SOUTH STONER AVENUE, SH1REMANSTOWN, PA 17011-6755 PARCEL NO. 37-23-0555-258 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.30887T,L ED-OF.F i?; 1617 JFK Boulevard, Suite 1400 FE, OROT ONOTAR'f One Penn Center Plaza Philadelphia, PA 19103 2012 FEB 13 AN 10:1 215-563-7000 CUMBERLAND A?IATY FARGO BANK, N.A. Plaintiff V. DENNIS A. DARR PAMELA G. DARR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8363 CIVIL TERM 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 Hallinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 Nftornev for Plaintiff WELLS FARGO BANK, N.A. Plaintiff ICE V. ?,Oi2 FEB t 3 A? ??: 41 DENNIS A. DARR PAMELA G. DARK?¢?BR SYLyp?p Defendant(s) PEEN COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8363 CIVIL TERM CUMBERLAND COUNTY PHS # 282417 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 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755. I 2. 3. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name DENNIS A. DARR PAMELA G. DARR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 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. 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 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 Commonwealth of Pennsylvania Bureau of 6th Floor, Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, P.O. Box 8486 TPL Casualty Unit, Estate Recovery Program Willow Oak Building Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 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 Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori Date: 0//Z' By: Phe flallinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 ttornev v for Plaintiff WELLS FARGO BANK, N.A{:1LED -0F1-ECE. 2012 FEB 13 AM 10:11 U p8`L5 L?ANt?A TY DENNIS A. DARR PAMELA G. DARR : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-8363 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 "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 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755 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 $168,267.59 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the Western line of Stoner Avenue at the Northern line of a proposed street to be known as Walnut Street; thence Westwardly along the Northern line of Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence Northwardly parallel with the Western line of Stoner Avenue seventy (70) feet to a point; thence Eastwardly parallel with the Northern line of the proposed Street to be known as Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the Western line of Stoner Avenue; thence Southwardly along the Western line of Stoner Avenue seventy (70) feet to a point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of Walnut Street beginning at the Eastern line of Stoner Avenue and extending Westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the Western line of Stoner Avenue. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Darr and Pamela G. Darr, husband and wife, by deed from Donald C. Meals, executor of the Last Will and Testament of Margaret J. Koch, aka Margaret J. Bryan, dated 08/31/2005, recorded 09/02/2005 in Book 270, Page 4008. PREMISES BEING: 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755 PARCEL NO. 37-23-0555-258 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8363 CIVIL TERM WELLS FARGO BANK, N.A. vs. DENNIS A. DARR PAMELA G. DARR owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755 Parcel No. 37-23-0555-258 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,267.59 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FICE ' d WELLS FARGO BANK, N.A. yf ^ "J "i ' NONOTAt? t PHS#282417 201 V ` 8 AM 10: 0 DEFENDANT SERVICE TEAM/ lxh 0 DENNIS A. DARR COURT NO.: 11-8363 CIVIL TERM PAMELA G. DARR t~i.,) IBERLA D COUNTY E-NNSYLVANIA SERVE DENNIS A. DARR AT: TYPE OF ACTION 106 SOUTH STONER AVENUE XX Notice of Sheriff's Sale SHIREMANSTOWN, PA 17011-6755 SALE DATE: June 6, 2012 SERVED Served and made known to DENNIS A. DARR, Defen ant on the Play of 20 la-, at 06, o'clock M., at (d(, S. S7 oNER ?f1w7 A, in the manner described below: - pefendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is W ( FE . - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Descri tion: Age Height fiJ t3? Weight ('96 Race IU Sex Other _ I, --f 6A1kb U-, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I r, &-\ DATE: ?Ia{ NAME: _ PRINTED NAME: Aik-Lo / V t 0t-L TITLE: Pha_s$ wue"P, N(nT CF.R VFI) On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY. PRINTED NAME: ATTORNEY FOR PLAINTIFF c() 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 Jenne 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 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY ` L WELLS FARGO BANK, N.A. ?OO.?Q,1 e rt ,D"i PHS#282417 r DEFENDANT SERVICE TEAM/ Ixhi3 ?IVI 1?' 8363 ?F 11 DENNIS A. DARR DARR PAMELA G - COURT NO.: LANO COUh4" ? . 1 1 j,,JBER v ? A I SERVE PAMELA G. DARR AT: NSY TYPE OF ACTION ) CH 106 SOUTH STONER AVENUE XX Notice of Sheriff's Sale SHIREMANSTOWN, PA 17011-6755 SALE DATE: June 6, 2012 SERVED Served and made known to PAMELA G. DARR, Defendant on the al STday of kJUk6 20 1 , at 01, o'clock t. M., at 104 5, 51y-yieg Ay6, p Jkt, Pq, 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: Agee Height ?,?J Weight Race W Sex Other I, 7 D6&A-C-D AA0 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. t^? V A DATE: 21 I)A L -- NAME: PRINTED NAME: TITLE: Pad d-,&S S'r 0 NOT SERVED On the day of , 20_, at ` o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved , Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., 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 30 jo. 4 1s?Nl?ID ?,L ?f 1r=r ?? k-1 I (? (? S r? / t Phelan Hallman & 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 V. DENNIS A. DARR PAMELA G. DARR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8363 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 7, 2011. 2. Judgment was entered on January 13, 2012 in the amount of $168,267.59. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 282417 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 $158,575.39 Interest Through June 6, 2012 $14,975.04 Per Diem $30.41 Late Charges $129.32 Legal fees $1,300.00 Cost of Suit and Title $762.00 Property Inspections $16.25 Mortgage Insurance Premium/ Private Mortgage Insurance $258.08 Escrow Deficit $3,438.50 Suspense/Misc. Credits ($1,286.76) TOTAL $178,167.82 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. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 282417 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By. e Kissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 282417 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County DENNIS A. DARR PAMELA G. DARR No.: 11-8363 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DENNIS A. DARR and PAMELA G. DARR 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 106 SOUTH STONER AVENUE, SHIREMANSTOWN. PA 17011- 6755. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any, necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 282417 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 Sheriffs sale. Nationsbanc Mortgagee 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). 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 282417 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. 282417 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 282417 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The 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. 1979). The Superior Court cited Fewer in confirming that an attorney's fee of ten percent included 282417 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 282417 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, which are referred to in the industry as "property preservation". These services avoid code 282417 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. 282417 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1 -5 P7 Phelan Hallinan & Schmieg, LLP By: (-? - Melissa J. Cantwell, Esquire Attorney for Plaintiff 282417 Exhibit "A" 1+iLEG-OFFICE OF .i HE PPOTHONO TARP liALLINAN & SCHMIEG LLP 'LZ. babas, Esq., Id. No.9330LAN 13 AM 10: 22 T 'K Boulevard, Suite 1400 Center Plaza CUMBERLAND COUNTY +?lpl;ia, PA 19103 PENNSYLVANIA 1 563-7000 F L LS FARGO BANK, N.A. -i. DARR r r. DARR Attorney for Plaintiff uY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8363 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER ;AND ASSESSMENT OF DAMAGES '.'_,THONOTARY: ndly enter judgment in favor of the Plaintiff and against DENNIS A. DARR and '?. DARR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within °?-vice thereof and for foreclosure and sale of the mortgaged premises, and assess iamages as follows: 'ts set forth in Complaint $168 ,267.59 $168,267.59 '::rtify that (1) the Defendants' last own a rlr is 106 SOUTH STONER i.KEMANSTOWN, PA 1 7011-6755, r d (2) a once has been given in I- Rule Pa_R.C.P 237.1. ' nuren R. Tabas, Esquire -- Attorney for Plaintiff C l?;S ARE HEREBY ASSESSED AS INDICATED. llATI 433I __ , N" PROTHO ARY 282417 Exhibit "B" 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 March 22, 2012 DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 RE: WELLS FARGO BANK, N.A. v. DENNIS A. DARR and PAMELA G. DARR Premises Address: 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. 11-8363 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, -Mcl ssa J. Cantwell, Esquire Attorney for Plaintiff Enclosure 282417 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. DENNIS A. DARR PAMELA G. DARR Defendants CUMBERLAND County No.: 11-8363 CIVIL TERM 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. DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 DATE: d Phelan Hallinan & Schmieg, LLP By. Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 282417 . .. RAE 4, 1,.. ?,r r. f 1? a+ 1 f i 1 L'' I of E:..€L i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. Court of Common Pleas Civil Division DENNIS A. DARR PAMELA G. DARR Defendants CUMBERLAND County No.: 11-8363 CIVIL TERM RULE AND NOW, this day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's 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 TH OURT J. 282417 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schrni g1400 1617 JFK Boulevard, Suite Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE 011-6755 SHIREMANSTOWN P . F 11 282417 292417 i 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 2012 ?:PR t 0 Ate 'APB NfiSyLVA A COUNTY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. DENNIS A. DARR PAMELA G. DARR Defendants CUMBERLAND County No.: 11-8363 CIVIL TERM 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. DENNIS A. DARR PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 DATE: 41TIi-t helan H linan & Sc ieg, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 282417 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. DENNIS A. DARR Court of Common Pleas Civil Division CUMBERLAND County PAMELA G. DARR No.: 11-8363 CIVIL TERM Defendants ORDER AND NOW, this / day of /?- 7 " 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $30.41 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits TOTAL $158,575.39 $14,975.04 $129.32 $1,300.00 $762.00 $16.25 $258.08 $3,438.50 ($1,286.76) $178,167.82 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. VINVAIASNN3d ),INP103 ONVId39WN ? tin;S `?PntflQ rr ;fl ?£ ??d !- ?dWtI07 vtbmcl ./Srr,1(4r B O T: J. 282417 P-),!. ? N .J 3 ^' z-. Phelan Hallinan & Schmieg, LLP r -. ZI ' 1617 JFK Boulevard, Suite 1400 4 One Penn Center Plaza <' c Philadelphia, PA 19103 215-563-7000 3 Fax 215-568-7616 Anastasia Graham Representing Lenders in Legal Assistant Pennsylvania and New Jersey Office of the Prothonotary No.: 11-8363 CIVIL Cumberland County Courthouse TERM 1 Courthouse Square Carlisle, PA 17013 Re: WELLS FARGO BANK, N.A. VS. DENNIS A. DARR, and PAMELA G. DARR No.: 11-8363 CIVIL TERM 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: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant PHS # 282417 PHELAN 14ALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 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. Plaintiff, V. DENNIS A. DARR PAMELA G. DARR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-8363 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C Receipt stamped by the U.S. Postal Service is attached here ibit "A" Allison F. Welfs-J&uire Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 282417 r OYZ `° w oo ? O? Cn a w N _j= ' ? G. w a ?. 1?.. r cn o ? p i. x• ,j x• x- x. x x CD 6• Y o ?xN? CC»?c.]". m bdo ?'e o°? by bdw d?W d Cx7 w oo d vJ Vi O rD K Ob .r ° eD t -: 0 w C fl 'C K 's 9- Z m CD J -11 CD CP d- T add _'o QCD ° _ v ooro n-c Nr a BCD o = m o D °=°e a ?° T= °. O k B c c° o o C y "' x ox+ ax0C?, cnD o 00 f, y? ?A'?"etl ?N m' CA d O p1 0 "C td Q? tD `! o "q N Y O0. :. V?i (/) n ,.1' .b .?-• C w• aY e a •?,o ?'aa y =r c°< o = a<e a° e C`"a a ?HHC ..efDO? ?,? •• ?o ...? o' v,eo eo ..a ,do .. °? ?; 0 00„ti ?b d.. J ••' '+ O N `^? J t0 r•ti W 7 m N O (/?. J „? „' Q' J A C ?i 7. r-W P• a c ?m ?N? M o ?? o NC°D oo°a ?t4 -e w ?CdD ?t21ZVt?w cnn 00 ..e M 00 M -t Wo a- W= (D > CD to k?J v `° n 2' 3 ° W O? y y v :p X P A 6 n ? D ? C ( P Y•+ ° Fd ^ a3 0 ?'; J N ,gin .a ? 3 3 ? o C Q ?o c u y -a ry O ? ? _ y O rv o ? ? a 0 m $ Y 3 9 y m n 3 m ? f o o w . . 0 Y 2 D - D ? Co ? W N d O y ? ? d m? ? N b O. cn ? ? 3 ? o y w MAIL. °o ? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a~'`#~m ai ~rt~nber(~yt w ~'z-. v~F CEn :: . c ,..cpr. 1-i Wells Fargo Bank, NA vs. Dennis A. Darr (et al.) Case Numb 2011-8363 SHERIFF'S RETURN OF SERVICE 03/21/2012 05:04 PM -Deputy Shawn Gutshall, being duly sworn according to law, states service was performed y posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin , upon the property located at 106 S. Stoner Avenue, Shiremanstown Borough, Shiremanstown, PA 17 11, Cumberland County. 03/21/2012 05:04 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es to Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis A. Darr at 106. S. Stoner Avenue, Shiremanstown Borough, Shiremanstown, PA 17011, Cumberland County. 03/21/2012 05:04 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es to Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DENNIS A DARR - HUSBAND, who accepted as "Adult Person in Charge" for Pamela G. Darr at 106 S. Stoner Avenue, Shiremanstown Borough, Shiremanstown, PA 17011, Cumberland County. 03/29/2012 Affidavit of Service on Dennis A. & Pamela G. Darr 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 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: AM. He sold the same for the sum of $1.00 to Attorney Francis Hallinan, on behalf of Wells Fargo Ban N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $800.62 SO ANSWERS, August 10, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;. R ANDERSON, SHERIFF ~~• d ~ P~ < ~dsc ~ ~; ~t ~~ ~~ ,c' Cc3untySude SI±P.rift_ 7r-.I~rsott,'n<a WELLS FARGO BANK, N.A. Plaintiff ' v DENNIS A. DARR PAMELA G. DARK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8363 CIVIL T CUMBERLAND COU PHS # 282417 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 tl for the Writ of Execution was filed, the following information concerning the real property located at 106 SOUTH STONER. SHIIZEMANSTOWN, PA 17011-6755. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DENNIS A. DARK PAMELA G. DARR 2. Name and address of Defendant(s) in the judgment: 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 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 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 a sale. Name Address (if address cannot be reasonably ascertained, please indicate) ~e Praecipe AVENUE, sold: by the None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Internal Revenue Service Advisory Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori ' Date: l'I% By: Phe allinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 ornev for Plaintiff Address (if address cannot be reasonably ascertained, please indicate) 1.06 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 penalties WELLS FARGO~ BANK, N.A. COURT OF COMMON' PLEAS Plaintiff CIVIL DIVISION vs. NO.: 11-8363 CIVIL TE DENNIS A. DARR PAMELA G. DARR Defendant(s) CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DENNIS A. DARK PAMELA G. DARR 106 SOUTH STONER AVENUE SHIREMANSTOWN, PA 17011-6755 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 170 1-6755 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Cou house, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,267.59 obtained by LLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announceine twill 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, cos and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x 230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 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 findjout if this has happened, you may ca11215-563-7000. ~~ 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 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 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 HA E 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, o wit: BEGINNING at a point on the Western line of Stoner Avenue at the Northern line of a proposed street to be known as Walnut Street; thence Westwardly along the Northern line of Wal u Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence Northwardly parallel with the Western line of Stoner Avenue seventy (70) feet to a point; thence Eetwardly parallel with the Northern line of the proposed Street to be known as Walnut Street o e hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the Western line of Stoner Avenue; thence Southwardly along the Western line of Stoner Avenue seventy (70) feet t a point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of W. Street beginning at the Eastern line of Stoner Avenue and extending Westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the Western line of Stoner Avenue. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Darr and Pamela G. Darr, husband and wife, by deed from Donald C. Meals, executor of the Last Will and Testament of Margaret J. Koc aka Margaret J. Bryan, dated 08/31/2005, recorded 09/02/2005 in Book 270, Page 4008. PREMISES BEING: 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011 PARCEL N0.37-23-0555-258 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8363 CIVIL TERM WELLS FARGO BANK, N.A. vs. DENNIS A. DARR PAMELA G. DARR owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipalit~~) 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6755 Parcel No. 37-23-0555-258 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,267.59 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, t wit: BEGINNING at a point on the Western line of Stoner Avenue at the Northern line of a proposed street to be known as Walnut Street; thence Westwardly along the Northern line of Wale Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence Northwardly parallel with the Western line of Stoner Avenue seventy (70) feet to a point; thence Eastwardly parallel with the Northern line of the proposed Street to be known as Walnut Street or. hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the Western line of Stoner Avenue; thence Southwardly along the Western line of Stoner Avenue seventy (70) feet to point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of W. Street beginning at the Eastern line of Stoner Avenue and extending Westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the Western line of Stoner Avenue. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Darr and Pamela G. Darr, husband and wife, by deed from Donald C. Meals, executor of the Last Will and Testament of Margaret J. Koc aka Margaret J. Bryan, dated 08/31/2005, recorded 09/02/2005 in Book 270, Page 4008. PREMISES BEING: 106 SOUTH STONER AVENUE, SHIREMANSTOWN, PA 17011-6 PARCEL N0.37-23-0555-258 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-8363 Civil COiJNTY 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 DENNIS A. DARR, PAMELA G. DARR (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: $168,267.59 L.L.: $.50 Interest from 1/14/12 to Date of Sale ($27.66 PER DIEM) - $4,010.70 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $198.50 Other Costs: Plaintiff Paid: Date: 2/13/12 ~~~ David D./B~ell, Prothonotary ~-y (Seal) $~ Ll/7 ~A. p // Deputy 1 REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM RECORD Telephone: 215-563-7000 In Testimony whereof, I here unto set my hand and the ~at of~sa~ Court ah rt's ~ ate, Supreme Court ID No. 308877 Thia,.,~,~,~ Prothono~ On February 14, 2012 the Sheriff levied upon the defendant's interest in the read property situated-in the Borough of Shiremansto n, Cumk~erland County, PA, known and numbered 146 South Stoner Avenue, Shiremanstown, PA 17011 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: Februar~r 14, 201.2 ,. _ ~ n By: ~~ .. For Claudia Brewbaker, Real Estate Coordinator ~~~ A:, .. ,: to r s.e a, ., s ~ ...._...,. ~ ~ ~Zt ~; h 1 ~3 3 7101 ~ ?~C, _ _ CUMBERLAND LAW JOURNAL Writ No. 2011-8363 Civil Term Wells Fargo Bank, N.A. vs. Dennis A. Darr, Pamela G. Darr Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-8363 CNIL TERM WELLS FARGO BANK, N.A. vs. DENNIS A. DARR, PAMELA G. DARR owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being 106 SOUTH STONER AVENUE. SHIRE- MANSTOWN. PA 17011-6755. Parcel No. 37-23-0555-258. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: S168,267- .59. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevazd Suite 1400 Philadelphia, PA 19103 215-563-7000 49 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 anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 Cumber 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. is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2012 - /~ d Notary ~C ~_ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Countyy Prothonotary's Office Receipt Date Carlisle, Pa 17013 Receipt Time Receipt No. WELLS FARGO BANK N A (VS) DARR DENNIS A ET AL Case Number 2011-08363 Received of PD SHERIFF RL Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 50.75 Check# 87889 .00 .00 $50.75 ------------------------ Distribution Of Payment Transaction Description Payment Amount ACKNOWLEDGMENT 48.00 CUMBERLAND CO GENERAL 2007 SHERF FEE 2.25 CUMBERLAND CO GENERAL LAW LIB FEE .50 CUMBERLAND CO GENERAL /13/2012 12:42:50 279249 FUND FUND FUND $50.75 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff s Deed in which Wells Far~;o Bank. N.A. is the grantee the same having been sold to grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 13 c~ay of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 N 8363, at the suit of Wells Fargo Bank. N.A. against Dennis A. Darr and Pamela G. Darr is duly rec rded as Instrument Number 201224348. IN TESTIMONY WHEREOF, I have hereunto set m hand and seal of said office this ~ j~ d of it _ y , Recorder of ~~e~rdr~dt9b~n~tl~,lN 14- 6~pirthli~tMady iR~l ~E.tlt° ti~",F: ~, ~c i<~ ~> -- , ?~.r"~ 7i r a1~ 4~ ~ a ~ ~ T~dl= ~'ATRIOT NEWS "~-~~- '~UNI~A'Y PATRIOT NEWS 3root of Publication ~i ~ `approved May 16 19Z~; ,~r:tnia, C-ounty cf Daus;,h n ~. - nd sass .. ~~ .` ~`-: ~~ .>i - J ~~ ~i ~ ._'. n4 ,4.4 ... C.orpc.7ration arganize~ ]r~Lt ~ }~~ ~i~iU i'-.t i C"~''. .)~ t:~-... '~;~~, ~-,om`~ .: ° ~ ;f ~`er ~ ~, .v ' ,, :- ::~ .. i ~r. of business at 2020 Tecrnol~c,y ;~~ .v; ~., t~~ ~ ; ~i; "cwn.~hiF:, ~ !--~_1~-~1~,ce~~ _. ~ ~ r ,,,_ - ~ ~ ~ ~ _ sy'~vania, ~~wner and publisher o{ ~ ~:, P~~ <<~,°-NF~~%~ : r~c. ' . ~e ; ~at~ c,t Ne P,s ~,~~ws~aue~ .~ - r: . _ . ~-:..~t ~i5hed at 1900 Patriot Drr~e ~., f, ~ ;::;•, >u1 'r ~~~~; St:t~ 3`a ~s~iic+ ... a, ~~,1E 'air ~ ~_- r ~ ~ ~~ ~ ,~~ ,~ ~, mere established March ~?th '~`-- <. ~~:,rrF -~~~,, ~ ~~~ r F° p' ~1te~ ~ ~~ . ~ ~ ~ ` 'ac ec~ ereto is exactly as pri ~ttd a .. ,rl t r`.~_, °n-„ :asst/ ~~~c ,. '2~ ..: ~ v.;" ~ ~ ~ ~ on the date(s) indicated beiovr t~ t~ ~~ f:: ~,a _ _, ~~pany~ ~~ e: ted ~~ ~ ,t :~ ° -7 ~~ - x ad~fertising. a1~~d t'~at all ~- +`- a;>t_ a~tr~~"~ _` ?~ ~~; ste~~ r ` ~_ _,mF pl. and ~ ~ ~ ~ ;.~~, k~ „; ~- rus ~:c. ~ ~ ~~~~ e~_~r ~ - ~; ~nd is duly authorized ar~d f~rrpoven~ ~ u v~= f~ ; ~~ s st~aer~ .i ~er~~~~ :~~f ' ~~e 'ri~~' Ne~r~ > ~_ ~r>>~a, a ~ ~ ; - _ ~ ~, a resolution unanim~~usly pas.-a~~ <;~ an -~a~?~~t~-~, <FVe~ai~`,; ,tr~,>< ~~,Id~ ~ ~ . ;.tar ; ~~, ,_, s ~ f ` r ~-~~ k ~ rsequently duly recorder in the ~ ~f~rt ;?,.t ^ii~~. _ .. .~ .. .. ~ a e. .~.. ....-rlryAi (...(1L~`r 2011-8363 Civil Term Wells Fargo Bank, N.A. VS Dennis A. Darr Pamela G. Darr Atty: Daniel Schmieg E3y virtue of a Writ of Execution NO. i i X363 CI VIE'[ ERh1 WELLS FARt ~~'~ i3.ANK. N..4 ~: f)ENNfSA. D~KR P,IMELA G. DARii uwnerlsl ot'propertvsrtuate m thy: 30ROUGH OF SHIREMANSTOWI Cumherland Cnunn. Pennsvivania. hr n fMtmicipalityj 106 SOUTH STONER AVENGE. SHIRE'~tANSTOWTl. PA (7011-~~~~' Parcel Nu. 3~-??_0._;j_?;$ t Acreage or street a~tiress) Improvements thereon- REStDEVTI f )WELLING ~LiDGtitEN I,~'v10LNT SItr4?h' ^~~ hrian Hallin t^ ,~ Sr hmieg LLP ~attomcy for Plamhft 1617 JFK Boulevard. Suite 1~1~i0 Philadelphia, PA 1911), 1?-~6?-70f10 This ad ran or the iateis! ~hav~r~ ', ~iov~ !4d:%_ ~5d()a ~~.. ;~.~~~~~ ~ ht~~^ before me thas 22 day ~~f May (~'; °~ Notarv Public ~OMt~t~NWFb.I.:? Fi _ fTPENNSYI~dI;Nir r ~ r; ~ ~~ ~G r i,ti ~ Fx~ rt !c 5 ~, ~ _