Loading...
HomeMy WebLinkAbout11-9173SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Justin Michael Moor (et al.) H DEC 29 pm 3 ? cLIMBERLAHD COUP t; PENNSYLVANIA Case Number 2011-9173 SHERIFF'S RETURN OF SERVICE 12/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Justin Michael Moor, but was unable to locate him in hi: bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Justin Michael Moor. Request for service at 39 Faith Circle, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Justin Michael Moor is currently residing at 127 Edgewater Way, Yuba City. California 95991. 12/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Katee L. Howell, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Katee L. Howell. Request for service at 39 Faith Circle, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Katee L. Howell is currently residing at 127 Edgewater Way, Yubz City, California 95991. SHERIFF COST: $60.00 December 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS #t 282333 t? ca DEFENDANT SERVICE TEAM/ noe JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A COURT NO.: 11.9173 CIVIL rn M JUSTIN MICHAEL HOLLIDAY KATEE L, HOWELL IV , SERVE JUSTIN MICHAEL MOOR AJK/A JUSTIN M HOLLIDAY TYPE OF ACTION A/K/A JUSTIN MICHAEL HOLLIDAY AT: XX Mortgage Foreclosure cz 3C - 127 EDGEWATER WAY XX Civil Action ' C7.= " YUBA CITY, CA 95991 f =:q o SERVED Served and made known to JUSTIN MICHAEL MOOR , Defendant on the L%day of Te , 2012-,at 2'40, o'clock i-. M., at !2? C , in the manner described below: ,X Defendant personally served.- _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age -30 Height $ Weight l? Race ! 1 SexWIL Other 1, josapW NDRM V&wa competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribyy TIFFANY JENSEN z L C b ay t . efore me this ommission # 19375)0 a !. of [=Pi? . , 20?Z 2 Notary Public - Calitor ' San Mateo County C M ArN DKW IN I LUWN Y Notar $y; omm. Expires May 21, 201 t 5 On "i y of , 20_, at o'clock _ M., Defendant NOT FO et?au?e: _ Not Exist Moved _ D elide (Not Vacant) swer on at at e Refused 7 toand Sworn ub beforday of _ By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P. Fliakos, Esq., Id. No. 94620 Lawrence T. Phelan, Esq., Id. No. 32227 Courtenay R. Dunn, Esq., Id. No. 206779 Francis S. Hallinan, Esq., Id. No. 62695 Allison F. Wells, Esq., Id. No. 309519 Daniel G. Schmieg, Esq., Id. No. 62205 William E. Miller, Esq., Id. No. 308951 Michele M. Bradford, Esq., Id. No. 69849 Melissa J. Cantwell, Esq., Id. No. 308912 Judith T. Romano, Esq., Id. No. 58745 Mario J. Hanyon, Esq., Id. No. 203993 Jenine R. Davey, Esq., Id. No. 87077 Andrew J. Marley, Esq., Id. No. 312314 Lauren R. Tabas, Esq., Id. No. 93337 Robert W. Cusick, Esq., Id. No. 80193 Jay B. Jones, Esq., Id. No. 86657 John M. Kolesnik, Esq., Id. No. 308877 Andrew L. Spivack, Esq., Id. No. 84439 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 287333 DEFENDANT SEEyj TEAW- C-) JUSTIN MICHAEL MOOR A/K/A JUSMN M. HOLLIDAY A/K/A COURT NO.: 11-9173 QVIL <_- JUSTIN MICHAEL HOLLWAY -am KATEE L HOWELL Z C, SERVE KATEE L HOWELL AT: TYPE OF ACTION i 127 EDGEWATER WAY XX Mortgage Foreclosure -G YUBA CITY, CA 9S991 XX Civil Action C > SERVED Defendant on P of 20 k da ved and made known to KA L HO 1? Se _ 12 at li y . , r -, L 0. oclock g. NL, at t Z? P-reJ I WC -J n the manner described below: endant pesonally served. f uIt family member with whom Defendant(s) reside(s). eAd Relationship isLQ?WtIIPAMF _ 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: hh tt'' Description: Age jo- Height Weight l Race t7'"Sex!??4 Other :top =O -j r .., X10 s` I,.kseAh ?tr?rewr?1f , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscrib?l w: TIFFANY JENSEN beforemf this?day commission # 1937583 z ?_? 4( -ae Notary Public - Californ of ? 2014 z z San Mateo County ? ??? ,. My Comm. Expires May 21, 2015 ? ,O? l A) No By: NO?RVED ?A: 20_, at o'clock _ M., Defendant NOS because: On :the: _ Vacant Does Not Moved _ No Answer on at at _ Service Refused Other: . be Sworn to and su before me this day of By: Notary. ATTORM FOR PLADnaT Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. lWlinan, Esq., Id. No. 62695 Daniel G. Sehmieg, Esq., Id. No. 62205 Micbele 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 Not Reside (Not Vacant) 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA I9103-1814 It '-% 7- LSE Lr? PHELAN HALLINAN & SCHMIEG, LLI " Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592r #, ; #, 1617 JFK Boulevard. Suite 1400 ° t j it i One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL ii L IND COUHI T : CUMBERLAND COUNTY : COURT OF COMMON PLEAS . CIVIL DIVISION : No. 11-9173 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 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY, and KATEE L. HOWELL, 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 $120,582.81 $120,582.81 I hereby certify that (1) the Defendants' last known addresses are 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 and 127 EDGEWATER WAY, YUBA CITY, CA 95991, and (2) that notice h been given in accordance with Rule Pa.R.C.P 237.1. Date "l l Matth rushwood, Esquire So?,d Q Attorney for Plaintiff Ck-* ??-)(03 7? ? 8,7 4111 jo DAMAGES ARE HEREBY ASSESSED AS INDICATED. A) m??d DATE: P} IS # 282333 PROTHONOTARY 282333 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, NA Attorney for Plaintiff : CUMBERLAND COUNTY VS. JUSTIN MICHAEL MOOR AWA COURT OF COMMON PLEAS JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY CIVIL DIVISION KATEE L. HOWELL No. 11-9173 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 JUSTIN MICHAEL MOOR A/K/A JUSTIN MICHAEL HOLLIDAY A/K/A JUSTIN M. HOLLIDAY is over 18 years of age and resides at 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 and 127 EDGEWATER WAY, YUBA CITY, CA 95991. (c) that defendant KATEE L. HOWELL is over 18 years of age and resides at 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 and 127 EDGEWATER WAY, YUBA CITY, CA 95991. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date L4 ob-a- VaA&)?Arushwood, Esquire Attorney for Plaintiff 282333 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9173 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on r3 ??- By: v- 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 PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** WELLS FARGO BANK, NA V. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON JUSTIN MICHAEL MOOR, A/K/A JUSTIN MICHAEL HOLLIDAY, A/K/A JUSTIN M. HOLLIDAY KATEE L. HOWELL Defendant(s) TO: KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 DATE OF NOTICE: ;; `' ? It `2 NO. 1.1-9173 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 ACTT WITHIN TEN DAYS FROM THE DA'L'E 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 1 Courthouse Square Carlisle, PA 17013 (71.7) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By:_. ... 4! ,'' Co Z:ty . Dunn, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 P1 IS 4 282333 WELLS FARGO BANK, NA v. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON JUSTIN MICHAEL MOOR, A/K/A JUSTIN MICHAEL HOLLIDAY, A/K/A JUSTIN M. HOLLIDAY KATEE L. HOWELL Defendant(s) TO: KATEE L. HOWELL 39 FAITH CIRCLE CARLISLE, PA 17013-887x1 l DATE OF NOTICE: NO. 11-91.73 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HFREW, 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 (717) 249-3166 1 By: C'ourtGnx R. Dunn .sclui c Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 282333 WELLS FARGO BANK, NA V. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON JUSTIN MICHAEL MOOR, A/K/A JUSTIN MICHAEL HOLLIDAY, A/K/A JUSTIN M. HOLLIDAY KATEE L. HOWELL Defendant(s) NO. 11-9173 CIVIL CUMBERLAND COUNTY TO: JUSTIN MICHAEL MOOR, A/K/A JUSTIN M. HOLLIDAY, A/K/A JUSTIN MICHAEL HOLLIDAY 127 EDGEWATER WAY YUBA CITY, CA 95991 j I DATE OF NOTICE: -I THIS FIRM IS A DEBT COI-LECTOR ATTEMP'T'ING 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 AIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE, OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (711) 240-6195 By: C om tc nay . Dunn, Fsquirc Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaz Philadelphia, PA 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS # 282333 WELLS FARGO BANK, NA V. COURT OF COMMON PLEAS Plaintiff CIVIL. DIVISON JUSTIN MICHAEL MOOR, A/K/A JUSTIN MICHAEL HOLLIDAY, A/K/A JUSTIN M. HOLLIDAY KATEE L. HOWELL Defendant(s) NO. 11-9173 CIVIL CUMBERLAND COUNTY TO: JUSTIN MICHAEL MOOR, A/K/A JUSTIN M. HOLLIDAY, A/K/A JUSTIN MICHAEL, HOLLIDAY 39 FAITH CIRCLE CARLISLE, PA 17013-8871 DATE OF NOTICE: ` f 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 AGAINS'T' PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII-ED 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 AC" T 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 IMPORTANTRIGHTS. 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 OFTICE 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 By -` - Courtenay R. )urrn, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA. 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVF-.NUF, CARLISLE, PA 17013 (717) 249-3166 IIHS # 282333 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9173 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 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAAY, KATEE L. HOWELL (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: $120,582.81 L.L.: $.50 Interest from 4/14/2012 to Date of Sale ($19.82 per diem) - $2,873.90 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $199.50 Other Costs: Plaintiff Paid: Date: 5/17/12 (Seal) REQUESTING PARTY: Name: ROBERT W. CUSICK, 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. 80193 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9173 CIVIL JUSTIN MICHAEL; MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL CUMBERLAND CO UNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $120 582 81 -gym rr-': , . In -- Interest from 04/14/2012 to Date of Sale ? $2 873 90 J-?' ($19.82 per diem) , . W -D Cn CD TOTAL 123 456.71 zr. LA helan i & Schmieg, LLP usick, Esq., Id. No.80193 Attorney for Plaintiff Note: Please' attach description of property. PHS 4 282333 DS k O,v PA a,) o Cgs 110. U 41 Wp .Sd a? g4(,) _7s,3a6? ??.Z3s?ed No af w? O? ?a d y, ?z Ga ?H 00 OU d o? U W W A H ? ?V z z a a a W d A a a O x a W x U F d A a a O x E? d 0 O d? xo-? ?a ? W Q Fy F, O H v w w ? 00 [?I U w O ? w? QW a b cu T a3 E a3 CL 3 -a w ¢ z? ¢x ?z ?z 3? ¢w? zQ?? ?Q¢ F-?;wm Cl) a, C, a? ao ?z u a- cW 3 a ate' ¢ ¢ a, w3°` 3?¢ CD W 0 u Q LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING LotjNo. 121 on the Plan of Section 1 of Kingsbrook as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 23, Page 87. CONTAINING 55 feet along the South along Faith Circle; containing 153.61 feet along the West along Lot No. 120; containing 55.12 feet along the North along lands now or formerly of Hooke, Lebo & Hooke; and containing 150 feet along the East along Lot No. 122 on said Plan. SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book 184, Page 763. TITLE Ta SAID PREMISES VESTED IN Justin M. Holliday and Katee L. Howell, single individual, by Deed from Glen M. Perrier and Angie M. Perrier, h/w, dated 03/22/2007, recorded 03/30/20071 in Book 279, Page 1838. PREMISES, BEING: 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 PARCEL NO. 29-14-0868-034 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, NA Plaintiff v. r'ah 4?,1 t V? .? `4 ',ERLAND CUU'l JUSTIN MICHAEL MOOR AIK/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9173 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) 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 4904 relating to unsworn falsification to authorities. Phe H t an & Schmieg, LLP ert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff WELLS FARGO BANK, NA Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9173 CIVIL Z' 12 tie A "I JUSTIN MICHAEL MOOR A/K/A JUSTIN M. fVCO`$? HOLLIDAY A/K/A JUSTIN MICHAELrkb'} ' KATEE L. HOWELL IA Defendant(s) CUMBERLAND COUNTY PHS # 282333 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARIGO BANK, NA, 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 39 FAITH CIRCLE, CARLISLE, PA 17013-8871. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JUSTIN MICHAEL MOOR A/K/A JUSTIN M. 127 EDGEWATER WAY HOLLIDAY'A/K/A JUSTIN MICHAEL YUBA CITY, CA 95991 HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 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 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 TENANT/OCCUPANT TENANT/OCCUPANT 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 Federal Building 39 FAITH CIRCLE CARLISLE, PA 17013-8871 39 FAITH CIRCLE APT. 1 CARLISLE, PA 17013-8871 39 FAITH CIRCLE APT. 2 CARLISLE, PA 17013-8871 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 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 t orities. Date: Y: Phelan allinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff WIEL,LS FARGO BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION y 17 AL; 10: VS. NO.: 11-9173 CIVIL JUSTIN MICHAEL MOOR AWWAWW4. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY CUMBERLAND COUNTY KATEE L. HOWELL Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L? HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 * *THIS FIRM IS DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED R THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT ND 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 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 is scheduled to be sold at the Sheriff s Sale ot09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 1701 to enforce the court judgment of $120,582.81 obtained by WELLS FARGO BANK, NA (the mortgagee) againstlyou. In the event the sale is continued, an announcement will be made at said sale in compliance with N.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE A> LE 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 attorne i's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe 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 have of stopping YOU MAY STI EVEN IF THE d an attorney to assert your rights. The sooner you contact one, the more chance you will sale. (See notice on page two on how to obtain an attorney.) ,OPERTY AND Y< 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 l,unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) da 1 s 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 ')FAKE 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 tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 121 on the Plan of Section 1 of Kingsbrook as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 23, Page 87. CONTAINING 55 feet along the South along Faith Circle; containing 153.61 feet along the West along Lot No. 120. containing 55.12 feet along the North along lands now or formerly of Hooke, Lebo & Hooke; and containing 150 feet along the East along Lot No. 122 on said Plan. SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book 184, Page 7613. TITLE TO (SAID PREMISES VESTED IN Justin M. Holliday and Katee L. Howell, single individual, bey Deed from Glen M. Perrier and Angie M. Perrier, h/w, dated 03/22/2007, recorded 03/30/2007 in Book 279, Page 1838. PREMISES BEING: 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 PARCEL NO. 29-14-0868-034 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9173 CIVIL WELLS FARGO BANK, NA vs. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY AWA JUSTIN MICHAEL HOLLIDAY KATEE L HOWELL owner(s) of property situate in the TOWNSHIP OF MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 39 FAITH CIRCLE CARLISLE PA 17013-8871 Parcel No. 1,29-14-0868-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $120,582.81 Phelan Halligan & Schmieg, LLP Attorney for (Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, 'IPA 19103 215-563-7000 •52 -mo CIDUNI? ?, p???S,?LYAtiIA 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN No.: 11-9173 CIVIL MICHAEL HOLLIDAY KATEE L. HOWELL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 1: 2011. 2. Judgment was entered on April 13, 2012 in the amount of $120,582.81. 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 282 A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 111-7 Phelan Hallinan & Schmieg, LLP By: Allison F. Wells, Esquire ATTORNEY FOR PLAINTIFF 282331 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, NA Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN No.: 11-9173 CIVIL MICHAEL HOLLIDAY ; KATEE L. HOWELL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN HOLLIDAY and KATEE L. HOWELL 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 39 FAITH CIRCLE, CARLISLE, PA 17013-8871. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 28233 Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premii costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortl in order to protect its interests. It is also appropriate to give Defendants credit for mop payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. 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 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 282 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 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 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. Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of princ and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgag 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. 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). Pennsylvi Rule of Civil Procedure 1141(a). 2 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 tl 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 i to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 28233 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 Fetner in confirming that an attorney's fee of ten percent include in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 114 ton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 2823 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred 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. ] 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 Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment frc the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs suit and title in their entirety, which will not cause harm to the Defendants. 2 part of the borrower's debt secured by the mortgage, those expenses are properly included in 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 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 with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phela n Hal ' eg, LLP ison a squire Attorney for Plaintiff 2 Exhibit "A" PHELAN HALLINAN & SCHMIEG,L P HONOTARy Matthew Brushwood, Esq., Id. No.3loft APR 13 AN I I.01 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PENNSYkNIA 215-563-70M WELLS FARGO BANK, NA V& JUSTIN MICHAEL MOOR AMA JUSTIN K IIOLLIDAY A/KJA JUSTIN MICHAEL HO"MAY KATEL L. HOWELL Ty PLEAS PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO SAND A9SEl9i? OF DAMAGES TO THE PROTHONOTARY: Kindly end judgment in fervor ofthe Plaintiff and Defendant(s) for hilore to file as Answer to PlamtiWs Complaint widdn 20 days from swvioe thereof and for foreolcom and sale of the mortgaged premises, and assess Plaintiff's damages as follows: Asset forth in Complaint TOTAL I hweby calify that (1) the Defia CARLISLE, PA 17013-$871 and 127 El that nodoe given in aacortlw e Date Attomey for Plaintiff $129,582.$1 $120,582.81 Mown ? are 39 FAITH CIRCLE, 6 WAY, YUBA CITY, CA 95991, and (2) `? - -A )o"rushwood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: VILA_ .,, c q.-Dstooto) 14 Prs 0 eV" PROTHONOTARY No. 11-9173 CPAL 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 July 25, 2012 JUSTIN MICHAEL MOOR JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL KATEE L. HOWELL 127 EDGEWATER WAY 39 FAITH CIRCLE YUBA CITY, CA 95991 CARLISLE, PA 17013-8871 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 107 EDGEWATER WAY YUBA CITY, CA 95991 RE: WELLS FARGO BANK, NA v. JUSTIN MICHAEL MOOR, A/K/A JUSTIN M. HOLLIDAY, A/K/A JUSTIN MICHAEL HOLLIDAY and KATEE L. HOWELL Premises Address: 39 FAITH CIRCLE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-9173 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 July 30, 2012. 282333 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Attorney for t?laintiff- Enclosure 111' 282333 Name and Phelan Hallinan & Schmieg, LLP Address 1617 JFK Boulevard, Suite 1400 Mender One Penn Center Phu 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, NA Plaintiff V. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9173 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 107 EDGEWATER WAY YUBA CITY, CA 95991 DATE: JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 39 FAITH CIRCLE CARLISLE, PA 17013-8871 Phelan Hallinan & S bmieg Allison s, Esquire ATTORNEY FOR PLAINTIFF 28233'. AFFIDAVI%OF SERVICE (FNMA) PLAINTIFF - CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 282333 DEFENDANT SERVICE TEAM/ Ixh C 1 JUSTIN MICHAEL MOOR A/K/A JUS'T'IN M. HOLLIDAY A/K/A COURT NO.: 11.9173 CIVIL trt? ? JUSTIN MICHAEL HOLLIDAY 70 G') KATEE L. HOWELLr t r ? SERVE KATEE L. HOWELL AT: 127 EDGEWATER WAY YUBA CITY, CA 95991 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 5, 201?y Q SERVED -1 Served and made known to KA-TEE L. HOWELL, Defendant on the=?y of Wy 2017- at '4; ,o'clock ?. M., at /2'} R /' , in the manner described below: Defendant personally served. 611 . Adult family member with whomT)efendant(s) reside(s). Relationship is hU 09? eD-0Ce4AP9/Jf - _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age .ZS Height J"9' Weight 160 Race `V Sex M Other s/ke lr l ri C) I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Nbticr, of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day ? of , 20J Notary: By: `? t%?? Gj/?,Odd C7 NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Janes, Esq., Id. No. 86657 Andrew L Spivack, Esq., Id. No. 84439 Chrisovalante P. F7iakos, 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 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station .; C, -?4 C7 :) ; t --t -T - AFFIDAVITPOF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 2823331 C DEFENDANT SERVICE TEAM/ lxh _ N JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A COURT NO.: 11-9173 CIVIL r-np JUSTIN MICHAEL HOLLMAY x = G"s KATEE L. HOWELL z t ? > o0 SERVE JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY TYPE OF ACTION <a A/K/A JUSTIN MICHAEL HOLLIDAY AT: XX Notice of Sheriff's Sale ? 127 EDGEWATER WAY SALE DATE: September 5, 2012 Z O YUBA CITY, CA 95991 y C-- SERVED Served and made known to JUSTIN MICHAEL MOOR A JUSTIN M. HOLLIDAY A/K/ UUSTN MICHAEL qq=LLIDAY, Defendant on theZ ay of Q 20 , at o'clock F. M., at IZ?1 t Cld ` , in the manner described below: Defendant personally served -114154 ! , . iykor / _ 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: f h B? fur Description: Age Z5 Height $ Weight 400 Race W Sex M Other / I, W1 a competent adult, being duly sworn according to law, depose and state that I per handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the cal case on the date and at the address indicated above. Sworn to andsuhsctibed TIFFANY JENSEN '{r'1 Commission # 1931583 before me this day a Notary Public - California z gvstf A of ,??-, 201. 2 a' San Mateo County D _ My Comm. Expires May 21, 2015 Notary. ? NOT SERVED On the day of , 20L_, at o'clock - M., Defendant NOT FOUND because: _ Vacant Does Not Exist Moved - Does Not Reside (Not Vaunt) _ No Answer on at at _ _ Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: ATTORNEY FORPLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalIinan, 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 i c? 2 'T7 C:7 -* •e,yrs r.. PEt2NSYL`?'?"t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff V. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9173 CIVIL Defendants 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,M COURT J. 282333 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 107 EDGEWATER WAY YUBA CITY, CA 95991 I/ JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 39 FAITH CIRCLE CARLISLE, PA 17013-8871 282333 iii., ~i1-t~rFi~i:: ~~; ~ r~-~~. "~or~o~ara~~ 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 ~a~z Luc ~ ~ apt ~a~ ~~ Attorne for Plaintiff ~~r~NSY~vaNia IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff, CUMBERLAND COUNTY COURT OF COMMON FLEAS v. CIVIL DIVISION JUSTIN MICHAEL M€IOR AlKlA JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY No.: 11-9173 CIVIL KATIgE L. HOWELL Defcndant(s) 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 bees given to Lienheklcrs and any knows ~~rested party in the manner required by Pa. R.C.P. 3129.2(c) ~ each of the persons or pat~as named, at tikat address, set forth on the Aflidavft a~ as if apse. A copy of he Certeate of (Form 3817) asdtor Certlll~d A+b~ Return Receipt by ~e U.S. Postal Serv#ce ~ attached hereto Exhlb " ' -- ~7 Attorney for Plaintiff Date: Il1+IPORTANT N CE: This property is sold at the direction of the pntNl: I be sold in th+e of a rre~rese~~ire ~ the... at Sh~c~'s Sals. The sale must be po~pc~ned or stayed in the event that a representative of the pbtntil[f h not present at the sale. PHS # 282333 WELLS FARGO BANK, NA Plaintiff v. JUSTIN MICHAEL MOOR A!K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendant(s) COURT OF COMMON CIVIL DIVISION NO.: 11-'173 CIVIL CUMEERLAND PHS # 282333 AMENDED? AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARC~O BANK, NA, Plaintiff in the above action, by the ucxiersigned at#orney, sets forth as of the date the the Writ of Execution was filled, the following information concerning the real property located at 39 FAITH CIRCLE, CAR] 17013.8871. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonabty ascertained, please so indicate) JUSTIN MICHAEL MOOR A/K/A JUSTIN M. i27 EDGEWATER WAY HOLLIDAY A/Ii/A JUSTIN MICHAEL YUBA CITY, CA 95991 HOLLIUAY KATEE L. HOWELL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 127 EDGEWATER WAY YUBA CITY, CA 95991 Address. (if address cannot be reasonabty ascertained, please so indicate) 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) North Middleton Aathority 1830 SUNCREST DR CARLISLE, PA 17013-1161 sold: e for PA North Middleton Authority Marhoa Deardorff Williams Otto Gilroy dE Faller C/O Hubert Xavier Gilroy, ESQ. 10 E HIGH STREET CARLISLE, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of wham the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT TENANT/OCCUPANT TENANT/OCCUPANT Domestic Relations of Cumber~nd County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the M[ddle District of PA FederAl Buihling 39 FAITH CIRCLE CARLISLE, PA 17013-8871 39 FAITH CIRCLE APT. 1 CARLISLE, PA 17013-8871 39 FAITH CIRCLE APT. 2 CARLISLE, PA 17013-8871 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 that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I tanderstand that false statements herein aze made subject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phelan Hallinan &mleg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff by the may li~t~lld p~~liMnr~;tdr~il~,IY.t AYeMr ~- 1sn ri4C ~wNa~d, fw. »oo O[9NWR QrllrAa~IIMrM~s i1-~!t a r~-ta L /ALL ~i7i~A~~-AY 1R~16 IEATQ ~. N[flw-Q.[. i'YA1!'t Fri °~ 1 .- ~~ ~ ~ gY o AY M-~L'1Y a AfK11A M. 9t~{d®AY AAUA.1 IYBt~A~t,110ti~AY !M1 MNrtslVrrtlfr anl~~O 4r4 _ /tlr r+ r rie in r w IOM _ -- ''_--- 2 al/~~lf O~ `~ .,, ^~ Zi2ii7 Nos ~ Fbin H~Mior ~t SaYsie`;11.P r Adirsas 16{T 7lYC 8e~dersd, spite 1400 = ''~ ?;~ orss~ ar !e. Cs~er rim a rwrrrri.~u.. rA rnnA wzi~~ - u eats i aM het ©tllee A~inst 1 .... iws~amrt`ii~e tta 'S ~Nf y~ ~~nnyyr~~~y...WW ff~~ ~~/~ V ~ W ice. ~1 ++_y ~ i~~~fiT~ ~~ A 1?8t7 3 ~~~~ 4 `*~' R#c ~If'8'1 AANA.R163Taf 116t Y A/K!A IQAY f~N 10f 1 of 1 4/ ~ r ~ w • ys.ar wt..t i cis.. ) Mrtrn.rM.Mrd 1 i~r~r~rteti~ W~~NYw ~ ~ r ~ ~ ~~ ri ~ ~ c rir ir ~s «p~.~.r+r~r.ra a. b wi r 4~' ,.,~. i ,. ,; no ~~ «" N ~~ ppw QO 11 r w" ~~S /~ ff~ f ~t u m ~~ o ,Y, :G N'O A lEI b9L~ ^J rn ~,V C' Yi C Q 1 Qj Y •¢ ~_ C ~.~ V X U ~ ~ C ~~yy -.4 ~ ~ ~ ~ ~. E B °-' c $ ~' ~ ~ .Y ~ u _n~~a `~~o r ~+ ~ ~ 5 ~ S ~yy ~ ~ ~ H ~ ~ ~1 G x ~ wE a ~ v V ? R ~ LY V yy .~ LL N F r~~,, ~H~ '~ = . ° ~ '~ s ~ ~ '~ ~ E p+ ~q~q++ ~,~ ~ $ X .o L ~< ~ N v °~ ~ C L +'K e d~ + C '~ ' O ~ z`~ a+ M p ~ L MeN+~ ~ oe GL t3 C ~ ~1 s0 1F "> t3. O ~ •~ .:3 C 0 Qty ~'u ~ ^t ~ r ~ d E y N et ,.. r. N ~ ~ ~ a Q ~+ l ~ + P- ~ y ~ V ~ ~ N r R~ iL ~ r`~". .. ~ ai a ,~s h~ ~ .-. e~xe~ ~a ~~ .. F' rt d C ~ rWr+ E- F W ca vaO. aU °c~~ o'nC~. add °' a,~a~'~O~,U~4C'dV 8 °_ c v ~ (} w v at d w « G~rpp' ~ ,a, a"' ~E ~ .~ ~,,,, tom„ U ~ U ~: ~ ~ o -• W C p. ~ ~~,. '«. ~ O ~ a •~ ,i„ eR Yt li Z ~:.~ ~ ~ E 33 `^~t' a~-- EZGz, ~g EZ ~ p°o, i ~~i3 ° ~. Zf=, Z~.a z.~ .~~O~a VFW-r°i GU~V UDa:"~L''s.C...a~~wN~~ Fe~n'fJHreiU~ ~~ `m .~ .~ 4 V ~ ~ ~ ~ ~~ CC6 ~ ~ _. 3,n y !U ..] ~ ~ 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, NA Plaintiff vs. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendants ATTORNEY FOR PLAINTIFF ~'a c ~.,, -Y, 3 ~~ ~ Court of Common ~ s c~ ~ Civil Division ~ ~, "" ~ ~~ ~~ CUMBERLAND Co$pty.,..,_ -K cr- No.: 11-9173 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 8, 2012 Rule the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 107 EDGEWATER WAY YUBA CITY, CA 95991 DATE: JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 39 FAITH CIRCLE CARLISLE, PA 17013-8871 Phelan I- chmieg, LLP By: Alliso .Wells, Esquire Attorney for Plaintiff ' __ ~=-~: 282383 r 2012 SEP -5 A1~910~ 1 ~ CUM~ERI.AND GOUtdiY PEl'~NSYLVAt~IA 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, NA Plaintiff ~~ Cb~ ~~' ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendants CUMBERLAND County No.: 11-9173 CIVIL PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 6, 2012 in the above referenced action. DATE: P 1 a inan & Schmieg, LLP By: a s woo ,Esquire Atto or Plaintiff 282333 w 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division vs. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL CUMBERLAND County No.: 11-9173 CIVIL Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 39 FAITH CIRCLE CARLISLE, PA 17013-8871 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 107 EDGEWATER WAY YUBA CITY, CA 95991 / Ph an 'nan & Schmieg, LLP DATE: ~ ~~- By; tth B hwood, Esquire ttorn r Plaintiff 282333 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~,~tstttr tdt ~~c~nbrr~~~b IG. =r.' .,~ pi=p,cE = rrE SHERIFF ~~L~~-Qi=>r 1C ~~' THE ~~QTHC~?~ITA~Y Z~P2 SEP -~ PN 2~ QO CUMS~RLAMfl ~al1NTY PE~tiSYLV,~NtA Wells Fargo Bank, NA Case Number vs. Justin Michael Moor (et al.) 2011-9173 SHE`RIFf`S RETURN OF SERVICE 06/22/2012 12:42 PM -Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 39 Faith Circle, Carlisle, PA 17013, Cumberland County. 08/29/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $679.45 SO ANSWERS, . ~'.` August 30, 2012 RON R ANDERSON, SHERIFF ,sv u,~- Vic; ~auntySuite Sheriff, Teleesoft: Ina ~h-~ ~'~o>,s- ~~di~y A WELLS FARGO BANK, NA 'Plaintiff v. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION . NO.: 11-9173 CIVIL CUMBERLAND COUNTY PHS # 282333 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, 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 39 FATTH CIRCLE, CARLISLE, PA 17013-8871. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 2. Name and address of Defendant(s) in the judgment: ascertained, please so indicate) 127 EDGEWATER WAY YUBA CITY, CA 95991 127 EDGEWATER WAY YUBA CITY, CA 95991 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 maybe 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 luiuwledge who has auy uiterest u- Qie property which tuay ' be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT TENANT/OCCUPANT TENANT/OCCUPANT 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 Federal Building 39 FAITH CIRCLE CARLISLE, PA 17013-8871 39 FAITH CII2CLE APT. 1 CARLISLE, PA 17013-8871 39 FAITH CIRCLE APT. ~ CARLISLE, PA 17013-8871 13 North Hanover Street Carlisle, PA 17013 P.O. Boa 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Boz 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit aze 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 t iontie . Date: y. Phelan !linen & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff r WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.: 11-9173 CIVIL JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY CUMBERLAND COUNTY KATEE L. HOWELL Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL 127 EDGEWATER WAY YUBA CITY, CA 95991 * * 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 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 is scheduled to be sold at the Sherii~s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $120,582.81 obtained by WELLS FARGO BANK, NA (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 Sheriffls 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: 215-563-70Qf121230. 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 nol slopped, your properly will be sold lu llie lugliest bidder. You tray 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 tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 121 on the Plan of Section 1 of Kingsbrook as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 23, Page 87. CONTAINING 55 feet along the South along Faith Circle; containing 153.61 feet along the West along Lot No. 120; containing 55.12 feet along the North along lands now or formerly of Hooke, Lebo & Hooke; and containing 150 feet along the East along Lot No. 122 on said Plan. SUBJECT to the Building and Use Restrictions as recorded in the Office aforesaid in Miscellaneous Book 184, Page 763. TITLE TO SAID PREMISES VESTED IN Justin M. Holliday and Katee L. Howell, single individual, by Deed from Glen M. Perrier and Angie M. Perrier, h/w, dated 03/22/2007, recorded 03!30/2007 in Book 279, Page 1838. PREMISES BEING: 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 PARCEL N0.29-14-0868-034 Y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9173 CIVIL WELLS FARGO BANK, NA vs. JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY KATEE L. HOWELL owner(s) of property situate in the TOWNSHIP OF MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 Parcel No. 29-14-U8~i8-034 (Acreage or street address) Improvements thereon: RESIDENTL~I. DWELLING J[JDGMENT AMOUNT: $120,582.81 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 M .. _ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-9173 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 JUSTIN MICHAEL MOOR A/K/A JUSTIN M. HOLLIDAY A/K/A JUSTIN MICHAEL HOLLIDAY, KATEE L. HOWELL (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 defendants} 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: $120,582.81 L.L.: $.50 Interest from 4/14/2012 to Date of Sale ($19.82 per diem) - $2,873.90 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $199.50 Other Costs: Plaintiff Paid: Date: 5/17/12 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, 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. 80193 TRUE ~~~ FROhA RECORD In Testim6nY whereof, I here unto s~Bt my hand and the seal of said Curt et Ca~~s120~: !1 This .1-=-daY of --~~,~~y~ryot~holno~ta-ry CUMBERLAND LAW JOURNAL Wsit 1(0. 9011-9193 Civil Term Wells Fargo Bank, NA vs. Justin Michael Moor Katee L. Howell Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-9173 CML, WELLS FARGO BANK, NA vs. JUSTIN MICHAEL MOOR a/k/a JUSTIN M. HOLLIDAY a/k/a JUSTIN MICHAEL HOLLI- DAY, KATEE L. HOWELL, 39 FAITH CIRCLE, CARLISLE, PA 17013-8871 Parcel No.29-14-0868-034. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $120,582- .81. 72 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 Misrie 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: 3uly 27, August 3, and August 10, 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 chazacter of publication aze true. / l~isa Marie Coyne, Editor SWORN/TO AND SUBSCRIBJED before me this da oy f August. 2012 Notary _~_~_ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ile ~Jatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY a0'I'l~173 CbY'hMn WMI I~ak NA Ka1~ 1~. Mn~iF ~M' By virhu of a Writ ~ E~wfirn, NO.11- 9173 CNII. WELLS FARGO BANK, NA JUSTIN MICHAEL MOOR AlKIA JUSTIN M. HOLLIDAY AtKJA JUSTIN MICHAEL HOILIDAY KATEE L. HORVELL 39~CIltCI E, CARLISLE, PA 1'7013'-8$71'Pareel No ;29-14.OBii8-034 (tlcreage or street adtlresa) G t6ereoa: RESIDENTIAL JUDGMENT AMOUNI`. 5120,5$2. 1 This ad ran on the date(s) shown below: 07/27/12 08/03/12 Sworn to . r a . ,rv~a.~ . . me ,tff ~ N day l~! ~ ' /~ Notary Public ust: 2012 A. D. (~ r~ COMMOhIWF.ALTN t?F PEfVPISYLVANI~ i NotArI~,15f~3i ~ Shar.~re ~ OweF~s, Notary Puhlic Lower Paxson I,ap.. ~%~3~Uhin County hty Commission Expires ?'IOV. 7.6, ZU15 L-~~_`_.-------. NYEM~ieR, PFh',ySYi'~iAiJIF, ~F~S('C?~7lQK. ~F tVCeARIES 08/10/12 '. . • itNt1e'{'j • • 201 FEO 19#i IC: 3 r� • CU P Nr �Ptt Cl ijAN r" • • Phelan Hallinan,LLP Attorney For Plaintiff • . . .1617 JFK Boulevard,Suite 1400 • One Penn Center Plaza Philadelphia,PA 19103 • '215-563-7000 • . • • WELLS FARGO BANK,NA Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County JUSTIN MICHAEL MOOR A/K/A : JUSTIN M. HOLLIDAY A/K/A JUSTIN No. 11-9173 CIVIL • MICHAEL HOLLIDAY. • . KATEE L.HOWELL Defendant(s) • . . • • PRAECIPE .• TO THE PROTHONOTARY: • • ❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. • ❑ Please mark the above referenced case Settled, Discontinued and Ended. • E Please Vacate the judgment entered and.mark the action Discontinued and Ended without prejudice.. Please mark the in rem judgment Satisfied and the action Discontinued and.Ended. Please Vacate the Judgment entered. • Date: • 7i (9 (.6'( PHELAN HALLIN: ► , P By: 7 � Y Courtenay R.Dunn,Esq., Id. No.206779 Attorney for Plaintiff • PH#776165 coo 3q.,4 pii_30,199 I • Phelan Hallinan,LLP • Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 . . One Penn Center Plaza Philadelphia,PA 19103 ' 215-563-7000 •• WELLS FARGO BANK,NA Court of Common Pleas Plaintiff : Civil Division v. . . CUMBERLAND County JUSTIN MICHAEL MOOR A/K/A . • • JUSTIN M. HOLLIDAY AJKJA JUSTIN No.11-9173 CIVIL • • MICHAEL HOLLIDAY •. KATEE L.HOWELL • Defendant(s) • • . CERTIFICATION OF•SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: 0 JUSTIN MICHAEL MOOR AJK/A JUSTIN M.HOLLIDAY AJK/A JUSTIN MICHAEL HOLLIDAY KATEE L.HOWELL . • • • 127!EDGEWA'I'ER WAY . • 0 YUBA CITY,CA 95991 • . Date: 1/(6 ((('( PHELAN HALLINAN,LLP By: C Courtenay R. Dunn,Esq.. Id. No.206779 • Attorney for Plaintiff