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HomeMy WebLinkAbout11-9237SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OffICE CE THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 DEC 29 AM 8- 31 CUPS NSYLVANIA TY Wells Fargo Bank, NA vs. Case Number . William L. Putt (et al.) 2011-9237 SHERIFF'S RETURN OF SERVICE 12/20/2011 03:03 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2011 at 1503 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy A. Rouse-Putt, by making known unto William Putt, Husband of Defendant at 169 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania 17257 its content; and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DE 12/20/2011 03:03 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2011 at 1503 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William L. Putt, by making known unto himself personally, at 169 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.00 December 21, 2011 RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF ;o? GountySuite Shenff, leleosott. Inc, PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. WILLIAM L. PUTT NANCY A. ROUSE-PUTT rv- CUMBERLAND COUNTY c?a ' -0_1. 0i r i ; M T ? = COURT OF COMMON PLC { 'r CIVIL DIVISION . i • _CD Cam) No. 11-9237-CIVIL-TERM •„-t ll ?Ar ?j /V 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 WILLIAM L. PUTT, and NANCY A. ROUSE-PUTT, 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 TOTAL $178,371.20 $178,371.20 I hereby certify that (1) the Defendants' last known address is 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418, and (2) that notice has i ei giken in accordance with Rule P .R. .P 237.1. Date r? / 01 llrushv?)od, Esquire for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / Z SM. 40,00-0 4?1 PHS # 281860 PROTHONOTARY C# 11,60 go;?7/795/ h ? e AlItA C/ /Ax) 281860 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. WILLIAM L. PUTT NANCY A. ROUSE-PUTT Attorney for Plaintiff CUMBERLAND COUNTY, , C i rl r COURT OF COMMON PLEA&y I 'CE)'T CIVIL DIVISION cam : -- 7- c:, -- c No. 11-9237-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 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 WILLIAM L. PUTT is over 18 years of age and resides at 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418. (c) that defendant NANCY A. ROUSE-PUTT is over 18 years of age and resides at 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date tth wood, squire Attorney for Plaintiff 281860 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 11-9237-CIVIL TERM WILLIAM L. PUTT CUMBERLAND COUNTY NANCY A. ROUSE-PUTT Defendant(s) TO: NANCY A. ROUSE-PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE OF NOTICE: ;z Z? / 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. IlVIPORTANT 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 # 281860 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: LWrence T. Phelan, Esq., I j FcS 32227 Francis S. Hallinan, Esq., 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 Jay B. Jones, Esq., Id. No. 86657 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 , ,, ndrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 281860 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. VS. WILLIAM L. PUTT NANCY A. ROUSE-PUTT : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No 11-9237-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on/. B yj: 2? ) .3 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 A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHO ULD NOT BE CONSTR UED TO BE AN A TTEMPT TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v WILLIAM L. PUTT NANCY A. ROUSE-PUTT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/02/2012 to Date of Sale ($29.32 per diem) TOTAL NO.: 11-9237-CIVIIrTERM CUMBERLAND COUNTY $178,371.20 $5,512.16 183 883.36 P al man & Sc mieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff Note: Please attach description of property. PHS # 281860 0) aV,j16ap.sea I (? (4. ob C l`3F Ol `o2.OC' l Lo . SO c ? ?? ao3.5a f if p.ss w 6 6kN !l-? IF'-/6 ?#a'73Za8 ?"i f a ? ?? 1i Ss?c? Ol o? w Oo d H a OV ca H H w ? rn 3 ? ? a ? 3 3 ? z a a 0 U U i. O w d on 0 c? Ca ? q r z ¢>z ¢?w ?Ua yaw z?a ¢ 0 00 ao aM ao fan z U O" ?w >a P. U Q b LEGAL DESCRIPTION ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 22; thence along the common line of Lot No. 21 and Lot No. 22 along a line bearing North 68 degrees 19 minutes 02 seconds East, 50.00 feet to an iron pin to be set at the northeastern corner of Lot No. 22; thence along lands now or formerly of Richard and Dorthy J. Railing and along lands now or formerly of Leroy L. Killian, South 38 degrees 46 minutes 47 seconds East, 189.12 feet to an iron pin to be set; thence along the same South 38 degrees 46 minutes 47 seconds East, 33.00 feet to an existing railroad spike and set concrete monument at the southeastern corner of Lot No. 22; thence along Cleversburg Road, South 85 degrees 11 minutes 34 seconds West, 155.68 feet to an iron pin to be set; thence along the common line of Lot No. 22 and Lot No. 23 North 10 degrees 17 minutes 28 seconds West, 170.47 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 18,516 square feet and being Lot No. 22 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. TITLE TO SAID PREMISES VESTED IN William L. Putt and Nancy A. Rouse-Putt, by Deed from Hampton Hills Development Company, a partnership, dated 08/17/2004, recorded 08/24/2004 in Book 264, Page 4249. PREMISES BEING: 169 CLEVERSBURG ROAD, SHWPENSBURG, PA 17257-9418 PARCEL NO. 39-14-0169-111 PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. WILLIAM L. PUTT NANCY A. ROUSE-PUTT Defendant(s) 2 AFIR -2 AM 9: 1'1U11' BERLAND COU T`i' HNNSYLVANIA CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9237-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: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phe allinan & Schmieg, LLP Christina C. Viola, Esq., ]d. No.308909 Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff V. WILLIAM L. PUTT NANCY A. ROUSE-PUTT Defendant(s) r ?tLl?'ClTA Sri; ?R* ' 12 A rPP A Fil 1J "11X BERLAN2 COUNT- PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9237-CIVIL-TERM CUMBERLAND COUNTY PHS # 281860 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 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418. Name and address of Owner(s) or reputed Owner(s): Name 2 3 4 5 WILLIAM L. PUTT NANCY A. ROUSE-PUTT Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 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. 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 TENANT/OCCUPANT Domestic Relations of Cumberland County reasonably ascertained, please indicate) 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 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 to authorities. Date: By: 0 1 L f\11 Phela alli an & Schmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff WELLS FARGO BANK, N.A. J J i E? L COURT OF COMMON PLEAS a 's;?'?? gt;f ?,? - 2?P)caitff CIVIL DIVISION WILLIAM L. PUTT VS. r'; XGERLH D COUNTY NO.: 11-9237-CIVIL-TERM P NINSYLVA,NIA NANCY A. ROUSE-PUTT : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM L. PUTT NANCY A. ROUSE-PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 "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 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418 is scheduled to be sold at the Sheriff'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 $178,371.20 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9237-CIVIL-TERM WELLS FARGO BANK, N.A. vs. WILLIAM L. PUTT NANCY A. ROUSE-PUTT owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418 Parcel No. 39-14-0169-111 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $178,371.20 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 22; thence along the common line of Lot No. 21 and Lot No. 22 along a line bearing North 68 degrees 19 minutes 02 seconds East, 50.00 feet to an iron pin to be set at the northeastern corner of Lot No. 22; thence along lands now or formerly of Richard and Dorthy J. Railing and along lands now or formerly of Leroy L. Killian, South 38 degrees 46 minutes 47 seconds East, 189.12 feet to an iron pin to be set; thence along the same South 38 degrees 46 minutes 47 seconds East, 33.00 feet to an existing railroad spike and set concrete monument at the southeastern corner of Lot No. 22; thence along Cleversburg Road, South 85 degrees 11 minutes 34 seconds West, 155.68 feet to an iron pin to be set; thence along the common line of Lot No. 22 and Lot No. 23 North 10 degrees 17 minutes 28 seconds West, 170.47 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 18,516 square feet and being Lot No. 22 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. TITLE TO SAID PREMISES VESTED IN William L. Putt and Nancy A. Rouse-Putt, by Deed from Hampton Hills Development Company, a partnership, dated 08/17/2004, recorded 08/24/2004 in Book 264, Page 4249. PREMISES BEING: 169 CLEVERSBURG ROAD, SRWPENSBURG, PA 17257-9418 PARCEL NO. 39-14-0169-111 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9237 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA Plaintiff (s) From WILLIAM L. PUTT AND NANCY A. ROUSE-PUTT (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: $178,371.20 L.L.: $.50 Interest from 3/2/2012 to date of sale - ($29.32 PER DIEM) - $5,512.16 Atty's Comm: % Atty Paid: $203.50 Plaintiff Paid: Date: APRIL 2, 2012 (Seal) REQUESTING PARTY: Name: CHRISTINA C. VIOLA, 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. 308909 Deputy Due Prothy: $2.25 Other Costs: PLAIN'T'IFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY DEFENDANT WILLIAM L. PUTT NANCY A. ROUSE-PUTT SERVE WILLIAM L. PUTT AT: 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 SERVICE TEAM/ lxh COURT NO.: 11-9237-CIVIL-TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 5, 2012 G ? SERVED Served and made known to WILLIAM L. PUTT, Defendant on the i 57 day of AAA- 20 0- , aQ r i 15, 3 t5, o'clock _p. M., at OLF-U62S 8 VQ6- Ro , in the manner described below: t ?A cx Defendant personally served. Slfc PPS, 5 $vo-&i Ph-, ? Adult family member with whom Defendant(s) reside(s). © y Relationship is ICJ 1 F C- C = _ 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 405 Height 5'6 Weight 155 Race W Sex F Other rat ?.?: --a .-tQ o c-) ern 7- E ` I, jz c't 1. 1 d '.\4011 , 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 ad(h s indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: i NAME: PRINTED NAME: TITLE: Nlulli Process Server NOT SERVED On the day of , 20-, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to 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 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 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 281860 DEFENDANT SERVICE TEAM/ l xh WILLIAM L. PUTT COURT NO.: 11-9237-CIVIL-TERM NANCY A. ROUSE-PUTT SERVE NANCY A. ROUSE-PUTT AT: TYPE OF ACTION 169 CLEVERSBURG ROAD XX Notice of Sheriff's Sale SHIPPENSBURG, PA 17257-9418 SALE DATE: September 5, 2012 C? - -J ;A i t SERVED v ?C Served and made known to NANCY A. ROUSE-PUTT, Defendant on the i ST day of - Vkk, atW 5 -35', o'clock p. M., at I(A eCI;yF# S B?QU P-p4p , in the manner described below: r / A A 12-0 -pp cam"' Z ( wsi3v &-, P -, Defendant personally served. S (rpp Adult family member with whom Defendant(s) reside(s). p --4 Relationship is ' 3y Z 4 Adult in charge of Defendant s residence who refused to give name or relationship. L -411 rl 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 6 S Height Weight (55 Race W Sex _P _Other I, Ron i I d NfOII , a competent adult, hereby verify that I personally handed a true and correct copy of he Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the addr ss 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. r-? DATE: I (a-- NAME: ? o/ - V PRINTED NAME: 1-: 4. On the day of , 20-, at Vacant Does Not Exist TITLE: L NOT SERVED o'clock _. M., Defendant NOT FOUND because: - 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 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 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. WILLIAM L. PUTT NANCY A. ROUSE-PUTT CUMBERLAND County No.: 11-9237-CIVIL-TERM Defendants RULE AND NOW, this day of 012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY COURT J. 281860 Matthew Brushwood, Esq., Id. No.310592 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V WILLIAM L. PUTT NANCY A. ROUSE-PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 C?p(es /pct, /mod9?ia 281860 281860 ,.. , ?. -, PROTHONCTW PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 20 12 AUG 13 AM 10: 4 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. WILLIAM L. PUTT NANCY A. ROUSE-PUTT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-9237-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 Certified Mail Return Receipt stamped by the U.S. Postal Service is attached 4erreto Exhibit "A". Date: A& 81 1' hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is solff 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 # 281960 ro°1 o c a<. 0 n 0 ?z d 3 ? N ? n ?o N * * two p'0 Y?.3 N ? Lh ? O Z ?• ? .? O ? ? i ry m r ? Qco ? G .n N r • ?' G1 ' ? ero ci, n A °? 73 °, ? rs ? b. o s c> ?? ro eN" C o- - oKa,7? r ?, O v+ y Fo P 7 'p Q ? .I ? OO 6 ? G °, w?o roc. 1 r. '"o o n ?v a to n ? 'J n 3 m 3 = n ? o x r 7 0. G ? b K ? r G d d ? _. SY ro •n (ND v? 7 Y R y y? N O ^9 G ifl [ii p O ? n L'A , ',A' G v d r m b Q? Y i? N Q ? ro id N x ?4 »+ r r Il ~.:D-#~i: F11w ~o i ~ au~ r ~ ~M ~©: ~ z ~Ut~~ERLAWO COtiN~Y PENMSYl.YAl~A Phelan Hallman 8c Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A: Plaintiff vs. WILLIAM L. PUTT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County NANCY A. ROUSE-PUTT No.: 11-9237-CIVIL-TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 9, 2012 Rule direct 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. WILLIAM L. PUTT NANCY A. ROUSE-PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE: Phelan & S iieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 281 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith dpi il,: of itrrl? ?r??dt Cr i 1 H PRO T1111 TA Chief Deputy 2112 AUG 23 PM 2: 02 Richard W Stewart ?, Solicitor - CUjjW Wells Fargo Bank, NA vs. Case Number . William L. Putt (et al.) 2011-9237 SHERIFF'S RETURN OF SERVICE 06/29/2012 Valetie Weary, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: William L. Putt at 169 Cleversburg Road, Shippensburg, Cumberland, County. 06/29/2012 Valerie Weary, Deputy Sheriff, 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 169 Cleversburg Road, Shippensburg, Cumberland County. 07/02/2012 Valerie Weary, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be William L. Putt, who accepted as "Adult Person in Charge" for Nancy A. Rouse-Putt at 169 Cleversburg Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 08/22/2012 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: $693.89 SO ANSWERS, August 22, 2012 RON R ANDERSON, SHERIFF ou^:y a ?:e^'t I? .cc;h: l^c. S -Z) Z -& 1:5ex- WELLS,FARGO BANK, N.A. Plaintiff V. WILLIAM L, PUTT NANCY A. ROUSE-PUTT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9237-CIVIL-TERM CUMBERLAND COUNTY PHS # 281860 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 Exgcution was filed, the following information concerning the real property located at 169 CLEVERSBURG ROAD, SHIPPENSBUR(G, PA 17257-9418. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WILLIAM L. PUTT NANCY A. ROUSE-PUTT 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 169 CLEVERSBURG ROAD SWPENSBURG, PA 17257-9418 Address (if address cannot be reasonably 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 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 andaddress 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. 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 Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal building 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 unworn falsification to authorities. Date: v t (?/ By: 0 1 L f\-1 Phela alli an & Schmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-9237-CIVIL-TERM WILLIAM L.: PUTT NANCY A. ROUSE-PUTT : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILL" L. PUTT NANCY A. ROUSE-PUTT 169 CLJEVERSBURG ROAD SHIPPVNSBURG, PA 17257-9418 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USk D FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NbT 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 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418 is scheduled to be sold at the Sheriff'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 $178,371.20 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this ,Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S 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 amounjt 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'tntitled 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) Bays after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9237-CIVIL-TERM WELLS FARGO BANK, N.A. vs. WILLIAM L. PUTT NANCY A. ROUSE-PUTT owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) Parcel No. 39-14-0169-111 (Acreage or street address) PA 17257-9418 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $178,371.20 Phelan thIlinan & Schmieg, LLP Attorney for Plaintiff 1617 JFIK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 22; thence along the common line of Lot No. 21 and Lot No. 22 along a line bearing North 68 degrees 19 minutes 02 seconds East, 50.00 felt to an iron pin to be set at the northeastern corner of Lot No. 22; thence along lands now or formerly of Richard and Dorthy J. Railing and along lands now or formerly of Leroy L. Killian, South 38 degrees 46 minutes 47 seconds East, 189.12 feet to an iron pin to be set; thence along the same South 38 degrees 46 minutes 47 seconds East, 33.00 feet to an existing railroad spike and set concrete monument at the southeastern corner of Lot No. 22; thence along Cleversburg Road, South 85 degrees 11 minutes 34 seconds West, 155.68 feet to an iron pin to be set; thence along the common line of Lot No. 22 and Lot No. 23 North 10 degrees 17 minutes 28 seconds West, 170.47 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 18,516 square feet and being Lot No. 22 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin, Inc., and1recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. TITLE 10 SAID PREMISES VESTED IN William L. Putt and Nancy A. Rouse-Putt, by Deed from Hampton Hills Development Company, a partnership, dated 08/17/2004, recorded 08/24/2004 in Book 264, Page 4249. PREMISES BEING: 169 CLEVERSBURG ROAD, SHIl'PENSBURG, PA 17257-9418 PARCEL NO. 39-14-0169-111 Th ~ Pat^~iot-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 c~4e ~latriot 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 This ad ran on the datei;s) shown below: 07/27/12 2011-9237 Clvll Term wells har~o Bank, NA 08/03/12 Vs '"''~ 08/10/12 WlUlam L Putt ` `~ - Nana{ A. Rous•Putt ~, (}-._ Atty: Frances 8. liaNlnan .... , 1 , .. ~ :~~~,~;' ~ -' :' `'v~--~'° :---,. By virtue of a Writ of Execution N0. ..~~ ~ ' 11-9237-CML-TERM ' ( - WELLS FARGO BANK, N.A '' ~. Sworn to artd subscribed b e ttb~s,t~ day ,August, 2012 A.D. WILLIAM L. PUTT NANCY AROUSE- - owner(s) of property situate in the _ '- ' ~ ' ' , - !_~ _ TOWNSHIP OFSOiJTHAMPTON, Notary Public Cumberland County, Pen~+hania, being (~>') ,169CLEVEItSB1~RGR~, C~.°M4~1(~€~'vFPI:~°-' ~ E: ^a °:iYi~/r~P~ii."g SHIPPENSBURG, PA 17257-9418 Pazcel _ `s _ - : F ~ I _ __. __ ____ _ No. 39-14-0169-111 (Acreage or street address) ENTIAL ~ u , ; , ~ Improvements thereon: RESID „ DWELLING NDGMENT AMOUNT`. $178,371.20 '~ _ ~~ f~ L ~ - - - ~ " a . s 5 CUMBERLAND LAW JOURNAL writ No. loll-9237 Civil Term Wells Fargo Bank, NA vs. William L. Putt Nancy A. Rouse-Putt Atty.: Francis S. Hallman By virtue of a Writ of Execution NO. 11-9237-CML- TERM, WELLS FARGO BANK, N.A. vs. WILLIAM L. PUTT NANCY A. ROUSE-PUTT owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418. Parcel No. 39-14-0169-111. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $178,371- .20. 82 1 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 Lev 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, AuQUSt 3, and 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. -___ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 0 day of Au ug st, 2012 ~• Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 -(.~' ~- ~ ~`~~ w ''_' t ~a!c'r P Q ~ l~~n~Atl,t' 2~i~ sEP -s ~~ ro: ~ ~ ~~c~~~R~ar~~ cauNr~ PENNSYL.Y,~NIA Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County WILLIAM L. PUTT NANCY A. ROUSE-PUTT No.: 1 I-9237-CIVIL-TERM A/K/A NANCY A. PUTT Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 7, 2012 in the above referenced action. P 1 llinan & Schmieg, LLP DATE: ~' By: Ma ew B hwood, Esquire Atto or Plaintiff 281860 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County WILLIAM L. PUTT NANCY A. ROUSE-PUTT No.: 11-9237-CIVIL-TERM A/K/A NANCY A. PUTT 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. WILLIAM L. PUTT NANCY A. ROUSE-PUTT A/K/A NANCY A. PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 P llinan & Schmieg, LLP DATE: By: Ma B wood, Esquire Attorney Plaintiff 281860 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. William L. Putt Nancy A. Rouse -putt Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/02/2014 to Date of Sale ($29.32 per diem) COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11 -9237 -CIVIL -TERM : CUMBERLAND COUNTY $178,371.20 $5,453.52 TOTAL $183,824.72 Note: Please attach description of property. PH # 775692 allinan, LLP • _ C.) ichael Kolesnik, Esq., Id. No.3088 Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 22; thence along the common line of Lot No. 21 and Lot No. 22 along a line bearing North 68 degrees 19 minutes 02 seconds East, 50.00 feet to an iron pin to be set at the northeastern corner of Lot No. 22; thence along lands now or formerly of Richard and Dorthy J. Railing and along lands now or formerly of Leroy L. Killian, South 38 degrees 46 minutes 47 seconds East, 189.12 feet to an iron pin to be set; thence along the same South 38 degrees 46 minutes 47 seconds East, 33.00 feet to an existing railroad spike and set concrete monument at the southeastern corner of Lot No. 22; thence along Cleversburg Road, South 85 degrees 11 minutes 34 seconds West, 155.68 feet to an iron pin to be set; thence along the common line of Lot No. 22 and Lot No. 23 North 10 degrees 17 minutes 28 seconds West, 170.47 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 18,516 square feet and being Lot No. 22 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. TITLE TO SAID PREMISES VESTED IN William L. Putt and Nancy A. Rouse -Putt, by Deed from Hampton Hills Development Company, a partnership, dated 08/17/2004, recorded 08/24/2004 in Book 264, Page 4249. PREMISES BEING: 169 Cleversburg Road, Shippensburg, PA 17257-9418 PARCEL NO. 39-14-0169-111 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff v. William L. Putt Nancy A. Rouse -putt Defendant(s) l • zibrr-r); vAJll�� CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11 -9237 -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: 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. B allinan, LLP J(n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff A v. William L. Putt Nancy A. Rouse -putt Defendant(s) LI1' I mac. l�f, ANL) CO�i e: F'F�MSYLVAN1A COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11 -9237 -CIVIL -TERM CUMBERLAND COUNTY 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 169 Cleversburg Road, Shippensburg, PA 17257-9418. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) William L. Putt Nancy A. Rouse -putt 2. Name and address of Defendant(s) in the judgment: Name William L. Putt 169 Cleversburg Road Shippensburg, PA 17257-9418 169 Cleversburg Road Shippensburg, PA 17257-9418 Address (if address cannot be reasonably ascertained, please so indicate) 169 Cleversburg Road Shippensburg, PA 17257-9418 Nancy A. Rouse -putt 169 Cleversburg Road Shippensburg, PA 17257-9418 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 PH # 775692 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 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 Address (if address cannot be reasonably ascertained, please indicate) 169 Cleversburg Road Shippensburg, PA 17257-9418 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 to autho ' ies. Date: .S/S/ M By: P v an! allinan, LLP Jin Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 775692 Wells Fargo Bank, N.A. William L. Putt Nancy A. Rouse -putt u"C. i }' MONO I i. 2811'11if -6 Ali 10: 23 Plaintiff CUMBERLAND COUNTY vs. PENNSYLVANIA : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 11 -9237 -CIVIL -TERM : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William L. Putt Nancy A. Rouse -putt 169 Cleversburg Road Shippensburg, PA 17257-9418 **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 169 Cleversburg Road, Shippensburg, PA 17257-9418 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $178,371.20 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The 'sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • SHORT DESCRIPTION By virtue of a Writ of Execution No. 11 -9237 -CIVIL -TERM Wells Fargo Bank, N.A. v. William L. Putt Nancy A. Rouse -putt owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylvania, being 169 Cleversburg Road, Shippensburg, PA 17257-9418 Parcel No. 39-14-0169-111 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $178,371.20 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 22; thence along the common line of Lot No. 21 and Lot No. 22 along a line bearing North 68 degrees 19 minutes 02 seconds East, 50.00 feet to an iron pin to be set at the northeastern corner of Lot No. 22; thence along lands now or formerly of Richard and Dorthy J. Railing and along lands now or formerly of Leroy L. Killian, South 38 degrees 46 minutes 47 seconds East, 189.12 feet to an iron pin to be set; thence along the same South 38 degrees 46 minutes 47 seconds East, 33.00 feet to an existing railroad spike and set concrete monument at the southeastern corner of Lot No. 22; thence along Cleversburg Road, South 85 degrees 11 minutes 34 seconds West, 155.68 feet to an iron pin to be set; thence along the common line of Lot No. 22 and Lot No. 23 North 10 degrees 17 minutes 28 seconds West, 170.47 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 18,516 square feet and being Lot No. 22 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. TITLE TO SAID PREMISES VESTED IN William L. Putt and Nancy A. Rouse -Putt, by Deed from Hampton Hills Development Company, a partnership, dated 08/17/2004, recorded 08/24/2004 in Book 264, Page 4249. PREMISES BEING: 169 Cleversburg Road, Shippensburg, PA 17257-9418 PARCEL NO. 39-14-0169-111 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. NO 11-9237 Civil Term CIVIL ACTION — LAW WILLIAM L. PUTT, NANCY A. ROUSE -PUTT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $178,371.20 L.L.: Interest FROM 3/2/2014 TO DATE OF SALE ($29.32 PER DIEM) - $5,453.52 Atty's Comm: Atty Paid: $923.39 Plaintiff Paid: Date: 5/6/14 (Seal) Due Prothy: $2.25 Other Costs: ttaiL David D. Buell, Prothonota By: REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 _ Deputy Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. WILLIAM L. PUTT NANCY A. ROUSE -PUTT ATTORNEY FOR PLAINTIFF Court of Common 1W c3 Civil Division (_, CUMBERLAND County l:) n c,} No.: 11 -9237 -CIVIL -TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. 2011. Plaintiff commenced this foreclosure action by filing a Complaint on December 14, 2. Judgment was entered on March 1, 2012 in the amount of $178,371.20. 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 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. 775692 4. A Sheriffs Sale of the mortgaged property at 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, WILLIAM L. PUTT and NANCY A. PUTT A/K/A NANCY A. ROUSE -PUTT, filed a Chapter 13 Bankruptcy at Docket Number 1:12-04853 on August 17, 2012. The Bankruptcy was dismissed by order of court dated January 16, 2014. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 3, 2014. 6. 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 Interest Through June 4, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit $170,444.69 $23,190.25 $154.05 $2,300.00 $717.20 $1,500.00 $195.00 $7,283.51 TOTAL $205,784.70 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 775692 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on June 11, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "C". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Co/Wb By: Phelan Hallinan, LLP Justin AT eski, Esquire RNEY FOR PLAINTIFF 775692 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE WILLIAM L. PUTT and NANCY A. ROUSE -PUTT 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 169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418. 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 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. 775692 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. II. 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. 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 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 775692 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. 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 775692 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 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. 775692 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 Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 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. 775692 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 Sheriffs 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 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 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. 775692 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 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 775692 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin . Ko ► - ski, Esquire Attc e or Plaintiff 775692 Exhibit "A" 775692 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. WILLIAM L. PUTT NANCY A. ROUSE -PUTT PRAECIPE FOR IN REM • ANSWER AND ASSESS h •' r . , ', FAILURE TO /. , :GES Attorney for Plaintiff CUMBERLAND COUNTY - rn COURT OF COMMON PL1OEF ac, No. 11 -9237 -CIVIL -TERM ›E -4 CIVIL DIVISION TO THE PROTHONOTARY: we a Z ra Kindly enter judgment in favor of the Plaintiff and against WILLIAM L. PUTT, and NANCY A. ROUSE -PUTT, Defendant(s) for failure to fife 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 $178,371.20 $178,371.20 I hereby certify that (1) the Defendants' last known address is169 CLEVERSBURG ROAD, SHIPPENSBURG, PA 17257-9418, and (2) that notice has ito :. in accordance with Rule P .P 237.1. 4#6,A,„... _mu Date / � � � / ., JiiiZ'ii. ;, Rye, 4 j{E • ewe: rush • • • i ttorney for Pl . ' i of DAMAGES ARE HEREBY ASSESSED AS DATE: .0,1 PFIS 41281860 PROTHONOTARY 281860 775692 Order Dismissing(Form ordstniss) (01/13) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including man•ied, maiden, and trade): William L. Putt Nancy A. Putt aka Nancy A. Rouse—Putt Debtor(s) Chapter Case No. Order 13 1:12—bk-04853—MDF Upon consideration of the Motion to dismiss case and it having been determined after notice and opportunity ity for hearing, that the case should be dismissed, it is ORDERED that the above—named case of the debtor(s) be and is hereby dismissed. Dated: January 16, 2014 By the Court, y� 7-776114/14t44c9 United States Bankruptcy Judge c Case 1:12-bk-04853-MDF Doc 39 Filed 01/16/14 Entered 01/16/14 08:27:32 Desc Order Dismissing Page 1 of 1 Exhibit "C" 775692 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania June 2, 2014 WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 RE: WELLS FARGO BANK, N.A. v. WILLIAM L. PUTT and NANCY A. ROUSE -PUTT Premises Address: 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 11 -9237 -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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vet-) �:" ' ly yours Justii ' Kobesk Esq., Id. No.200392 Attc iey for Plaintiff Enclosure 775692 Name and Address Of Sender Form 3877 Raesjmjje Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PhUadej.hia, PA 191 JOH Name of Addressee Street, and Post Office Address WILLIAM L PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG PA 17257-9418 RE: WILLIAM L PUTT CUMBERLAND Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) ion of value is required on all domestic and international regislered c e reconstruction of nonnegotiable documents under Express Mail document reconstructionm subject to a limit of S500,000 per occurrence. The maximum indemnity payable on Expres maximum indemnity payable ia $25,000 for registered mail, sem with optical insurance, Si 913 and S921 for limitations of cov •e, 775692 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. WILLIAM L. PUTT NANCY A. ROUSE -PUTT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM Defendants 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. WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE: By: Phelan Hallinan, LLP Justin` obeski, squire ATT 1 RNEY F ! PLAINTIFF 775692 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania June 142014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: WELLS FARGO BANK, N.A. v. WILLIAM L. PUTT and NANCY A. ROUSE -PUTT CUMBERLAND County CCP, No. 11 -9237 -CIVIL -TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly your F. Ko eski, Esq., Id. No.200392 A ► orney for Plaintiff Enclosure cc: WILLIAM L. PUTT NANCY A. ROUSE -PUTT 775692 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM RULE AND NOW, this / 7 r day of 94/. 2014, 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 THE COURT ic)4. J. c:v r n -- 775692 1 g' Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,,<LLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENS BURG, PA 17257-9418 Gopl'es ntjLL 7/fif 775692 775692 r AFFIDAVIT OF SERVICE(FHLMC) PLAIIV1IFr CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#775692 DEFENDANT SERVICE TEAM/lxh WILLIAM L.PUTT COURT NO.:11-9237-CIVIL-TERM NANCY A.ROUSE-PUTT SERVE WILLIAM L.PUTT AT: TYPE OF ACTION 169 CLEVERSBURG ROAD XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-9418 SALE DATE: September 3,2014 SERVED Served and made known to WILLIAM L.PUTT,Defendant on the /3 lay of 1 fit N E ,20 14,at f SD,o clock 41.M.,at 16 CLEW`A (s 1:2644 b ,in the manner described below: _ Defendant personally served. 611(,j6Nssilit4,44, ' Adult family member with whom Defendant(s)reside(s). Relationship is STF�-1>4746t jff2 _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). c. • Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other. Description: Age SO Height 54*` Weight g65 Race W Sex 1- Other Ronald Moll ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: 6((q(1 NAME: (1 ?'G PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the dayof ,20 ,at o'clock_.M.,I, ,a competent adult hereby state that 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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia.PA 19103 (215)563-7000 AFF DAVTT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#775692 DEFENDANT SERVICE TEAM/lxh WILLIAM L.PUTT COURT NO.:11-9237-CIVIL-TERM NANCY A.ROUSE-PUTT SERVE NANCY A.ROUSE-PUTT AT: TYPE OF ACTION 169 CLEVERSBURG ROAD XX Notice of Sheriffs Sale SHIPPENSBURG,PA 17257-9418 SALE DATE: September 3,2014 SERVED Served and made known to NANCY A.ROUSE-PUTT,Defendant on the , day of 114l' ,20 14,at. ,o'clocki. M.,at 16 9 Cat'e& lad Q-& �j/►-n ,in the manner described below: • Defendant personally served. 514-t peAusfavi2-6•, P i1, V Adult family member with whom Defendant(s)reside(s). Relationship is DAN 6-1treg. cn • ` _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. c an officer of said Defendant's company. ,, _Other. }' Description: Age 30 Height 54„ Weight ($O Race W Sex 1' Other I, Ronald Moll ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: 6((3'( NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state thatDfendant NOTTOU D 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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. WILLIAM L. PUTT NANCY A. ROUSE -PUTT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 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. WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE: By: r- Phelan Ha 'nan, LLP Jus F. K. .eski, Esq., Id. No.200392 Attorney for Plaintiff 775692 IL ED OFFIC: CF THE PRO THONG TA 2014 Phelan Hallinan, LLP JUL 1 : 20 Jonathan Lobb, Esq., Id. No.312174CUMBEf?LAND COUNTY TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 13, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 17, 2014 directing the Defendants to show cause by July 7, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 7, 2014. 775692 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 7 (et (ff( By: Jon an ob , sq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 3 775692 Exhibit "A" 775692 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendants AND NOW. this %Tit* day of RULE Court of Common Pleas • Civil Division CUMBERLAND County • No..: 11 -9237 -CIVIL -TERM M1 2014, a Rule is: entere&tiponAhencfendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 775692 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 775692 775692 Exhibit "B" 775692 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civi] Division CUMBER LANIR TC4 L16 CUPY ete OW No.: 11 -9237 -CIVIL -TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 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. WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE: By: L. J • F. K eskI, Esq., Id. No.200392 A tornoy for Plaintiff ....• 775692 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. WILLIAM L. PUTT NANCY A. ROUSE -PUTT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -9237 -CIVIL -TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. WILLIAM L. PUTT NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 DATE: 7/q1�y By: Jo Phelan Hallinan, LLP than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 775692 t IN THE COURT OF COMMON PLEAS 2 f ..5 CUMBERLAND COUNTY, PENNSYLVANIA, c WELLS FARGO BANK, N.A. Court of Common Pas Plaintiff r Civil Division vs. ; CUMBERLAND Coulity r,. WILLIAM L. PUTT NANCY A. ROUSE -PUTT No.: 11 -9237 -CIVIL -TERM Defendants r=, c71, c c _. ORDER AND NOW, this Y" day of494.1-7, 2014, 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 Plaintiff's Motion to Reassess Damages in the above captioned 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 4, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit TOTAL Plus interest at six percent per annum. $170,444.69 $23,190.25 $154.05 $2,300.00 $717.20 $1,500.00 $195.00 $7,283.51 $205,784.70 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 775692 v y t Y 0 JUL 29 fc3: PHELAN HALLINAN,LLP Attorney for Plaintiff CU 1 a, � Adam H.Davis,Esq., Id.No.203034 �IRL y tdd 1617 JFK Boulevard, Suite 1400 ' [N)yS y V,1tjjA�'1 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION WILLIAM L.PUTT NANCY A.ROUSE-PUTT No.: 11-9237-CIVIL-TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: ���� Attorney for Plaintiff 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#775692 5 i � axv 'r K \\ r ilk#T 1 a 9 \ f � c k Mr IK lb RE 1 \\\F x. t. 0 z ' �+z � y w s Jr 1rFILC.D-OF iCE PROD-10HO TAR 2014 SEP 10 110: 30 CUMBERLAND COUNTY PENNS YLVANIA PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.:11-9237-CIVIL- : TERM WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:00 AM in the above -captioned matter has been continued until 12/03/2014 at 10:00 AM. Date: Wt/E'lf PH # 775692 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 11 -9237 -CIVIL - TERM WILLIAM L. PUTT NANCY A. ROUSE -PUTT Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: WILLIAM L. PUTT 169 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257-9418 Date: 11/1/111 PH # 775692 NANCY A. ROUSE -PUTT 169 CLEVERSBURG ROAD SHTPENSBURG, PA 17257-9418 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �� �. �� r�O`HONO-` `1 ct ilotn 211R NOV 20 0: 07 CUMBERLAND Ty PENNSYLVANIA WeUs Fargo Bank, NA vs_ William L. Putt (et al.) Case Number 2011-9237 SHERIFF'S RN OF SERVICE 06/23/2014 01:25 PM - Deputy Dennis Fry, being duly sworn according to |aw, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property ocated at 169 Cleversburg Road, Shippensburg, PA 17257, Cumberland County. 06/23/2014 01:25 PM - Deputy Dennis Fry, being duly sworn according to |avv, served the requested Real Estate 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: William L. Putt at 169 Cleversburg Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 08/23/2014 01:25 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be William Putt, husband, who accepted as "Adult Person in Charge" for Nancy A. Rouse -Putt at 169 Cleversburg Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 09/02/2014 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriff's Sale Continued to 12/3/2014 11/05/2014 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: $882.69 November 05, 2014 (c)rountySweneriff, Teleosoit,'� SO ANSWERS, RONK R ANDERSON, SHERIFF xwz'=,� ���� ��^� � On May 14, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Known and numbered as, 169 Cleversburg Road, Shippensburg, as Exhibit "A" filed with this Writ and by this Reference incorporated in herein. p r tv Date: May 14, 2014 By: Real Estate Coordinator • LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2011-9237 Civil WELLS FARGO BANK, N.A. vs. WILLIAM L. PUTT Nancy A. Rouse -Putt Atty.: Joseph Schalk By virtue of a Writ of Execution No. 11 -9237 -CIVIL -TERM. Wells Fargo Bank, N.A. v. William L. Putt, Nancy A. Rouse -putt owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylvania, being 169 Cleversburg Road, Shippensburg, PA 17257-9418. Parcel No. 39-14-0169-111. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $178,371.20. 82 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 and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Y/L- a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 y The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the 13atriotNews 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 Amy Kotula, 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2011-9237 Civil Term WELLS FARGO BANK, NA vs. WILLIAM L. PUTT Nancy A. Rouse -Putt Atty: Joseph Schalk By virtue of a Writ of Execution No. 11 -9237 -CIVIL TgRM Wells Fargo Bank, N.A. v. William L. Putt Nancy A. Rouse -putt owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 169 Cleversburg Road, Shippensburg, PA 17257-9418 • Parcel No. 39-14-0169-111. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $178,371.20 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Woru& 2 Sworn to and subsc ed before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOC'IATION OF NOTARIES