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Home My WebLink About12-0658 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BoWevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JOSEPH R. BASSO CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 Defendants FILED-OFFICE OF THE PROTHONOTAR 2011 FEB -3 AM 10' f CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF 284986 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a-( l) - U S? GV?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 9: 294986 ? ?? ?? say t?3 ???v(4 oc> NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Pile #: 284986 I 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL. SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH R. BASSO CIIRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA. PA 17025-2046 who is'arc the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/16/2007 JOSEPH R. BASSO and CLIRIS"TINE M. BASSO made. executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INCORPORATED AS A NOMINEE, FOR AMERICAN STERLING BANK A MISSOURI CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County. in Mortgage Book 1987. Page 3348. By Assignment of Mortgage recorded 11/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200938704. Said Assignment was Re-Recorded 10/11/2011 in Assignment of Mortgage Instrument No. 201 128028. The mortgage and assigninent(s). if any, are matters of public record and are incorporated herein by reference in accordance witli Pa.R.C.P. 1019(g), which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 284986 5. 6 1 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 and each month thereafter are due and unpaid. and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 11/14/2011: Principal Balance $145.000.00 Interest $5.145.26 05/01/2011 through 11/14/2011 Late Charges $120,09 Property Inspections $60.00 Subtotal $150.325.35 Suspense Credit ($600.00) Escrow Credit ($320.40) TOTAL $149,404.95 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personain judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If' Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 284986 J WHERFFORF. Plaintiff demands an in rem judgment against the Defendant(s) in the Sun] of $149.404,95, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHEI? HALI.ONN & SWMIEG, I,LP By: for Plaintiff File #: 234986 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land together with all improvements thereon erected. situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Teakwood Lane and the line of adjoiner between Lots 95 and 96 on the hereinafter mentioned Plan of Lots; thence North seventy-seven degrees six minutes East (N 77 degrees 06 minutes E), eighty-five (85) feet to a point at the line dividing Lots Nos. 96 and 97; thence South twelve degrees fifty-four minutes East (S 12 degrees 54 minutes E), one hundred five (105) feet to a point at lands now or late of B and D Land Company, Inc.; thence South seventy-seven degrees six minutes West (S 77 degrees 06 minutes W), eighty-five (85) feet to a point at line dividing Lots Nos. 95 and 96; thence North twelve degrees fifty-four minutes West (N 12 degrees 54 minutes W), one hundred five (105) feet to a point, the place of BEGINNING. BEING Lot No. 96 on Final Plan No. I of Treemont as recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 131. BEING THE SAME PREMISES which ROGER E. OTT, SINGLE PERSON by Deed dated MARCH 15, 2007 and intended for immediate recording in the Office of the Recorder of Deeds in and for CUMBERLAND County, Pennsylvania, granted and conveyed unto JOSEPH R. BASSO and CHRISTINE M. BASSO, HUSBAND AND WIFE, Mortgagor(s) herein. PROPERTY ADDRESS: 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 PARCEL # 09-13-0998-039. E etc# 2a-1986 VERIFICATION Ismael Hernandez, hereby states that Ohe is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, thaee she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o his/ er information and belief: The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: VA-5&0 - al, Name: Ismael Hernandez Title: Vice President Loan Documentation File #284986 Name: BASSO 032-PA-*V3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILEU-OFF OF THE PPOTHONOTAR'll 2012 FEB IS AM 10' 02 Richard W Stewart Solicitor CUIRLANO COUNTY. PENNSYLVANIA Wells Fargo Bank, NA vs. Joseph R. Basso (et al.) Case Number 2012-658 SHERIFF'S RETURN OF SERVICE 02/07/2012 08:43 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2012 at 2043 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph R. Basso, by making known unto himself personally, at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 02/0712012 08:43 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2012 at 2043 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christine M. Basso, by making known unto Joseph Basso, Husband of Defendant at 1022 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.00 February 09, 2012 -------------- RYAN BURGETT, DE SO ANSWERS, RbNI`V R ANDERSON, SHERIFF 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. Attorney for Plaintiff . CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JOSEPH R. BASSO CIVIL DIVISION ' r^• n CHRISTINE M. BASSO No.2012-658-CIVIL ' ? 30- -< to , PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES :77 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSEPH R. BASSO, and CHRISTINE M. BASSO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint TOTAL $149,404.95 $149,404.95 I hereby certify that (1) the Defendants' last known address is 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date M he B shwood, Esquire Attorne or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /Q PHS # 284986 ? - 3i 11 1/o.5a p0l1TN PROTHONOTARY C-O 11790(o f a-$ 07 Wood (qu+ice papa-/ 284986 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. JOSEPH R. BASSO CHRISTINE M. BASSO : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-658-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSEPH R. BASSO is over 18 years of age and resides at 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046. (c) that defendant CHRISTINE M. BASSO is over 18 years of age and resides at 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date V/11/?v_ att e rushwood, Esquire Attorney for Plaintiff 284986 WELLS FARGO BANK, N,A. COURT OF COMMON PLEAS Plaintiff CIVIL. DIVISON v. NO. 2012-658-CIVIL JOSEPH R. BASSO CHRISTINE M. BASSO CUMBERLAND COUNTY Defendants TO: JOSEPH R. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 n 1v DATE OF NOTICE: , THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE; MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY ? Y-E-W-tom (717) 240-6195 C/\RL. 5fj?,P i 17013 t7If 249-3166 Alli Wells, Esquire At to t y c. iitttiIT Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 284986 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON V. JOSEPH R. BASSO CHRISTINE M. BASSO Defendants TO: CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 DATE OF NOTICE: _ ruf NO. 2012-658-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO 13E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO F,LIGfBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COI,RTHC 2 LIBERTY AVT:.f?Ttrll 17013 (71,7f249-3166 Alliwii?.'Wells, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 284986 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS JOSEPH R. BASSO CHRISTINE M. BASSO CIVIL DIVISION : No. 2012-658-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on YhO By: WJP Ir.00'r - 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 ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY** 284986 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 JOSEPH R. BASSO CHRISTINE M. BASSO Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/20/2012 to Date of Sale ($24.56 per diem) TOTAL Note: Please attach description of property. PHS # 284986 Ss -sm.5o Po N-mq s9. oo 86F 103.75 " Ito .50 a.so X0210.025' - Pt, ATT'l -- so u, C III)yol NO.: 2012-658-CIVIL CUMBERLAND COUNTY $149,404.95 $3,413.84 M f? < `... T aAr ? a' ri - CL: .m? $152,818.79 ?. rv nan & Schmieg, LLP aEsq., Id. No.310592 Attorney for Plaintiff ° LLJ " a N Q (2) ? O D O ? ? O ?3¢ W3 3 ce ¢ Z¢a ° Q ?lj ocq xoo W -'- W U 0 d ? F az ? az W O a ? W i ?H oz x o H wo ? °?? 3w Q ? ? 7 o ? ? ai W r W W W a ct 4 vJ N 0 am 0 az ?w ? ow o c 3 c? 15 3 T 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 V. JOSEPH R. BASSO CHRISTINE M. BASSO Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 2012-658-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) 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 ffiPhelan alliyy n & Schmieg, LLP Matthe?Ic Bshwood, Esq., Id. No.310592 Attorney for Plaintiff 2 Pi C WELLS FARGO BANK, N.A Plaintiff V. JOSEPH R. BASSO CHRISTINE M. BASSO Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-658-CIVIL CUMBERLAND COUNTY PHS # 284986 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 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046. 1. Name and address of Owner(s) or reputed Owner(s): {_....? Name Address (if address cannot be reasonably ascertained, please so indicate) = ! CnP. f JOSEPH R. BASSO 1022 TEAKWOOD LANE =} ENOLA, PA 17025-2046 CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 R-- rv .. 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real prop erty 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) AMERICAN STERLING BANK, A MISSOURI 27422 PORTOLLA PARKWAY, STE. 110 CORPORATION ATTN: SHIPPING DEPARTMENT FOOT HILL RANCH, CA 92610 AMERICAN STERLING BANK, A MISSOURI 11206 E 24 HIGHWAY CORPORATION SUGAR CREEK, MO 64054-8500 AMERICAN STERLING BANK, A MISSOURI 1401 S. BRENTWOOD BLVD., STE. 660 CORPORATION ST LOUIS, TX 75028 C/O DEBBIE BROWN MERS, AS NOMINEE FOR AMERICAN P.O. BOX 2026 STERLING BANK, A MISSOURI FLINT, MI 48501-2026 CORPORATION MERS, INC. MERS, INC. PENNSYLVANIA HOUSING FINANCE AGENCY AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 211 NORTH FRONT STREET HARRISBURG, PA 17101 PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY PO BOX 15530 C/O PENNSYLVANIA HOUSING FINANCE HARRISBURG, PA 17105-5530 AGENCY-HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM ATTN: ANNE ELLEX PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY PO BOX 15530 C/O PHFA-HEMAP HARRISBURG, PA 17105 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. 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 reasonably ascertained, please indicate) TENANT/OCCUPANT GREEN TREE SERVICING LLC MERS, AS NOMINEE FOR GREEN TREE SERVICING LLC DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 7360 SOUTH KYRENE RD. TEMPE, AZ 85283 P.O. BOX 2026 FLINT, MI 48501-2026 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By, Phelan Ha ina Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION JOSEPH R. BASSO CHRISTINE M. BASSO VS. : NO.: 2012-658-CIVIL Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSEPH R. BASSO CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 CD e C" - Z7f... •` .f1; **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 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 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 $149,404.95 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. 2012-658-CIVIL WELLS FARGO BANK, N.A. vs. JOSEPH R. BASSO CHRISTINE M. BASSO owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 Parcel No. 09-13-0998-039. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $149,404.95 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land together with all improvements thereon erected, situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Teakwood Lane and the line of adjoiner between Lots 95 and 96 on the hereinafter mentioned Plan of Lots; thence North seventy-seven degrees six minutes East (N 77 degrees 06 minutes E), eighty-five (85) feet to a point at the line dividing Lots Nos. 96 and 97; thence South twelve degrees fifty-four minutes East (S 12 degrees 54 minutes E), one hundred five (105) feet to a point at lands now or late of B and D Land Company, Inc.; thence South seventy-seven degrees six minutes West (S 77 degrees 06 minutes W), eighty-five (85) feet to a point at line dividing Lots Nos. 95 and 96; thence North twelve degrees fifty-four minutes West (N 12 degrees 54 minutes W), one hundred five (105) feet to a point, the place of BEGINNING. BEING Lot No. 96 on Final Plan No. 1 of Treemont as recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 131. TITLE TO SAID PREMISES VESTED IN Joseph R. Basso and Christine M. Basso, his wife, by Deed from Roger E. Ott, single person, dated 03/15/2007, recorded 04/05/2007 in Book 279, Page 2276. PREMISES BEING: 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 PARCEL NO. 09-13-0998-039. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-658 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From JOSEPH R. BASSO and CHRISTINE M. BASSO (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: $149,404.95 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($24.56 per diem) -- $3,413.84 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 6/l/2012 14CAL David D. Bu 11, Prothonotary (Seal) By: Deputy IKEQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L LP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PHS # 284986 DEFENDANT JOSEPH R. BASSO CHRISTINE M. BASSO SERVE CHRISTINE M. BASSO AT: 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 SERVICE TEAM/ lxh COURT NO.: 2012-658-CIVIL '?'Cwa (j.? I?+T'f?+fYa Q G --- Ct -G? G? S Z? i °ti:v'1^r1 Q?- ? ?a TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED Served and made known to CHRISTINE M. BASSO, Defendant on thed``Hay of u ??/ 20 l at 7:4k, o'clock g. M., at 64 ( UP-W LAqE, ENOLO PAI in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age _0 Height 5-'7" Weight P 9 Race W Sex --F- Other 1, Ronald MOIL , 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. JK PW- 06<901 A-566 DATE: b (7-- mk".0t#7 Pas 1,0-r NAME: ;?Fs IV s A-, IN?ES?I brf?ronl D/Jud-(WNTED NAME: ?lfyfT Ms, $AS5o AF-90Es Co4S Afe,e(N LAtivZ- TITLE: ENO", P4- 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 unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 # 284986 DEFENDANT SERVICE TEAM/ Ixh JOSEPH R. BASSO COURT NO.: 2012-658-CIVIL CHRISTINE M. BASSO SERVE JOSEPH R. BASSO AT: TYPE OF ACTION 1022 TEAKWOOD LANE XX Notice of Sheriffs Sale ENOLA, PA 17025-2046 SALE DATE: September 5, 2012 -0? ev rnw as SERVED Defendant on the 5Nay of K tJE 201) a BASSO known to JOSEPH R d d d S top , . e ma erve an o o , o'clock*. M., at 101 I F.&KWOOD LNG F t4 of A in the manner described below: C Defendant personally served. O ? _ Adult family member with whom Defendant(s) reside(s). i i hi R l ?C s ons p e at 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 483 Height s Weight 2eD Race W Sex M . Other 1, 011 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: (7- NAME: PRINTED NAME: Ronald Moll TITLE: 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 un 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 -,1 tTt '?`1 I? a!: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. JOSEPH R. BASSO CHRISTINE M. BASSO Defendants CUMBERLAND County No.: 2012-658-CIVIL RULE AND NOW, this day of 012, a Rule is entered upon the Defendants -.14t, z ,1 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 G J. 284986 Matthew Brushwood, Esq., Id. No.310592 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Phi ladelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 I/ JOSEPH R. BASSO P/CHRISTINE M. BASSO CHRISTINE M. BASSO 645 HERRIN LANE 1022 TEAKWOOD LANE ENOLA, PA 17025 ENOLA, PA 17025-2046 lP' ?? {1'?Et • l ?? ?/ 9? °? 284986 AVM-' 284986 ~'p~I~EtI-E~1CE "j~~ r~~ F~ONE}TA x- 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. JOSEPH R. BASSO CHRISTINE M. BASSO Defendant(s) ~~'~~ ~~~ ~ 3 ~ ~~ ~~~ ~~+ ~~~~~~R~a a cauNrY f'E~t~SY dANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.:2012-658-CIVIL. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attached hgr~to~ibit "A". Date: ~~~ Z hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n 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 press at the sale. 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' ~ m .. -...,., . i f. _ ,_.. _ . i w 8 > ry o ~ 3 v ~ Vi o w ~ ~ ' m ~ ~ ~ x ` ~~ a O A ~ ~ ~ ~ ..: n ~ s° d ~ c ~. o m c ~ ~ ~ 3 to ~° ^. _ ~ _.. _ . _ ,..... S yf ~ d v. 3 ___w. , ~, ~ ~ r N- b t o ~ ~ y i~ _ O } is ~ Z~ E. 3~$~ ~# oaz -naw wag ~ ~ c~ R. y w 5 Q !! ~ ~ ~ ~ J ~ ~ j ~ w n w - 3 °c w ~~~ 'w"I a~ ~~ ~~ ~~ ~• ~r o t' o ,.~ ~~~} ;~~= ~3~ PROT~l~N~il'~Ft's ~~ ~ z auc ~ ~ a~ io: ~ 3 ~u~~~l,~~~ ea~u~rY P~NNSYLV~NfA Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, FA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. _ ATTORNEY FOR PLAINTIFF Court of Common Peas Civil Division CUMBERLAND County JOSEPH R. BASSO . CHRISTINE M. BASSO No.: 2012-658-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 9, 2012 Rulle dit 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. JOSEPH R. BASSO CHRISTINE M. BASSO CHRISTINE M. BASSO 645 HERRIN LANE 1022 TEAKWOOD LANE ENOLA, PA 17025 ENOLA, PA 17025-2046 DATE: Phelan Halli ieg, LLP By: Allison F. Wells, Esquire Attorney for Plaintiff ".A Cfoe Phelan Hallinan & Schmieg, LLP t Matthew Brushwood, Esq., Id. No.31054912 SEP -S A M-49RNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNT One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JOSEPH R. BASSO CHRISTINE M. BASSO No.: 2012-658-CIVIL 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. Ph n an & Schmieg, LLP DATE: By: att Brus ood, Esquire Attorne laintiff 284986 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division vs. JOSEPH R. BASSO CHRISTINE M. BASSO CUMBERLAND County No.: 2012-658-CIVIL Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JOSEPH R. BASSO CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 CHRISTINE M. BASSO 645 HERRIN LANE ENOLA, PA 17025 a allman & Schmieg, LLP DATE: /?-- By: a shwood, Esquire Attorney for Plaintiff 284986 Phelan Hallinan, LLP Michele M. Bradford, Esq., Id. No.69849 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division - V. .: -J _N CUMBERLAND C JOSEPH R. BASSO CHRISTINE M. BASSO No.: 2012-658-CIVII?)?> Defendants 7 _ ;._. 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: Plaintiff commenced this foreclosure action by filing a Complaint on February 3, 2012. 2. Judgment was entered on April 19, 2012 in the amount of $149,404.95. 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. 4. A Sheriff s Sale of the mortgaged property at 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 (hereinafter the "Property") was postponed or stayed for the following reason: 284986 a.) The Defendant, JOSEPH RICHARD BASSO A/K/A JOSEPH R. BASSO, filed a Chapter 07 Bankruptcy at Docket Number 1:12-05045 on August 29, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated November 2, 2012. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". The Property is listed for Sheriffs Sale on January 9, 2013. 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 January 5, 2013 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow to be paid prior to January 9, 2013 Escrow Deficit Suspense/Misc. Credits $145,000.00 $16,115.67 $120.09 $2,850.00 $977.45 $220.00 $774.00 $2,893.60 ($600.00) TOTAL $168,350.81 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. 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 December 10, 2012 and 284986 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. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 284986 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 Sheriff's 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 284986 Discount Company v Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 284986 V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 284986 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. 284986 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. 284986 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: helan Liallinan, LLP WiicheleB adford, uire Attorney for Plaintiff 284986 Zi{L? QL ??gLSLLB'?ifjpp o0£,Z £OL6t dii +t4s9 A?atr•tk3 'J`AI Std S"fi Y 0 0 _v m cn o c o ? zmv? a. r ? C f!1 C Z<O r 00 M? w Phelan Hallinan, LLP Michele M. Bradford, Esq., Id. No.69849 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. JOSEPH R. BASSO CHRISTINE M. BASSO CUMBERLAND County No.: 2012-658-CIVIL 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. JOSEPH R. BASSO CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA, PA 17025-2046 DATE: 1-?h 3 1 1)7? CHRISTINE M. BASSO 645 HERRIN LANE ENOLA, PA 17025 Phelan Hallinan, LLP B ichele Br , ATTORNEY F R PLAINTIFF 284986 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F IL E'0-G F t'.,!f"- Sheriff " f E; �. 0 Citdidbetl4"t1 Jody S Smith Chief Deputy i 3i Richard W Stewart CUMBERLAND Coo ry Solicitor , _ �- aE RIrMSYLVAIA IN Wells Fargo Bank, NA Case Number vs. Joseph R. Basso(et al.) 2012-658 SHERIFF'S RETURN OF SERVICE 06/18/2012 10:24 AM -Deputy Amanda Cobaugh, 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 1022 Teakwood Lane, East Pennsboro Township, Enola, PA 17025, Cumberland County. 07/16/2012 08:57 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 the Defendant, to wit: Joseph R. Basso at 1022 Teakwood Lane, East Pennsboro Township, Enola, PA 17025, Cumberland County. 07/16/2012 08:57 PM -Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant, to wit: Christine M. Basso at 645 Herrin Lane, East Pennsboro Township, Enola, PA 17025. The Defendant was found to have moved. 07/16/2012 09:07 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 the Defendant, to wit: Christine M. Basso at 645 Herrin Lane, East Pennsboro Township, Enola, PA 17025, Cumberland County. 09/04/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 11/27/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 9, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $805.08 SO ANSWERS, April 30, 2013 RbNW R ANDERSON, SHERIFF CIO_ 5� LC ley WELLS FAR60'BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 2012-658-CIVIL JOSEPH R. BASSO CHRISTINE M. BASSO Defendant(s) CUMBERLAND COUNTY PHS #284986 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 1022 TEAKWOOD LANE, ENOLA,PA 17025-2046. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) JOSEPH R.BASSO 1022 TEAKWOOD LANE ENOLA,PA 17025-2046 CHRISTINE M.BASSO 1022 TEAKWOOD LANE ENOLA,PA 17025-2046 2. Name and address of Defendants)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) AMERICAN STERLING BANK,A MISSOURI 27422 PORTOLLA PARKWAY,STE. 110 CORPORATION ATTN: SHIPPING DEPARTMENT FOOT HILL RANCH,CA 92610 AMERICAN STERLING BANK,A MISSOURI 11206 E 24 HIGHWAY CORPORATION SUGAR CREEK,MO 64054-8500 AMERICAN STERLING BANK,A MISSOURI 1401 S.BRENTWOOD BLVD.,STE.660 CORPORATION ST LOUIS,TX 75028 C/O DEBBIE BROWN MERS,AS NOMINEE FOR AMERICAN P.O.BOX 2026 STERLING BANK,A MISSOURI FLINT,MI 48501-2026 CORPORATION MERS,INC. AS OF 12/6/10, 1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 MERS,INC. FORMERLY 3300 SW 34TH AVENUE,SUITE 101 OCALA,FL 34474 PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY HARRISBURG,PA 17101 PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY PO BOX 15530 C/O PENNSYLVANIA HOUSING FINANCE HARRISBURG,PA 17105-5530 AGENCY-HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM ATTN: ANNE ELLEX PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY PO BOX 15530 C/O PHFA-HEMAP HARRISBURG,PA 17105 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1022 TEAKWOOD LANE ENOLA,PA 17025-2046 GREEN TREE SERVICING LLC 7360 SOUTH KYRENE RD. TEMPE,AZ 85283 MERS,AS NOMINEE FOR GREEN TREE P.O.BOX 2026 SERVICING LLC FLINT,MI 48501-2026 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: Jj ��' By: Phelan Ha ina Schmieg,LLP Matthew Brushwood,Esq.,f.No.31.0592 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 2012-658-CIVIL JOSEPH R. BASSO CHRISTINE M. BASSO CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSEPH R. BASSO CHRISTINE M. BASSO 1022 TEAKWOOD LANE ENOLA,PA 17025-2046 **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 1022 TEAKWOOD LANE,ENOLA, PA 17025-2046 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$149,404.95 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. 2012-658-CIVIL WELLS FARGO BANK, N.A. vs. JOSEPH R. BASSO CHRISTINE M. BASSO owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 Parcel No. 09-13-0998-039. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $149,404.95 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land together with all improvements thereon erected,situate in East Pennsboro Township,County of Cumberland and State of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern line of Teakwood Lane and the line of adjoiner between Lots 95 and 96 on the hereinafter mentioned Plan of Lots;thence North seventy-seven degrees six minutes East(N 77 degrees 06 minutes E),eighty-five(85)feet to a point at the line dividing Lots Nos. 96 and 97;thence South twelve degrees fifty-four minutes East(S 12 degrees 54 minutes E),one hundred five(105)feet to a point at lands now or Iate of B and D Land Company,Inc.;thence South seventy-seven degrees six minutes West(S 77 degrees 06 minutes W),eighty-five(85)feet to a point at line dividing Lots Nos.95 and 96;thence North twelve degrees fifty-four minutes West(N 12 degrees 54 minutes W),one hundred five(105)feet to a point, the place of BEGINNING. BEING Lot No.96 on Final Plan No. 1 of Treemont as recorded in the Cumberland County Recorder's Office in Plan Book 34,Page 131. TITLE TO SAID PREMISES VESTED IN Joseph R.Basso and Christine M.Basso,his wife,by Deed from Roger E.Ott, single person,dated 03/15/2007,recorded 04/05/2007 in Book 279,Page 2276. PREMISES BEING: 1022 TEAKWOOD LANE,ENOLA,PA 17025-2046 PARCEL NO. 09-13-0998-039. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-658 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s) From JOSEPH R. BASSO and CHRISTINE M. BASSO (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 gamishee(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: $149,404.95 L.L.: $.50 Interest from 4/20/12 to Date of Sale($24.56 per diem) -- $3,413.84 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 �� David D. Buell, Prothonotary (Seal) x_ " 11-. aG Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN& SCHMIEG, LLP 1617 JFK BLVD,SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.310592 TRU5 COPY FR.010 RECOR"D in Testimony whereof,l i,ara unto set my hand ana thef "-ai of said � Cc rt atCarlisle,B-1•,I � �L'_)1_1 i This __day Of.1(Zl�c_., Prothonotary On June 4, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered 1022 Teakwood Lane, Enola, PA 17025 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 4, 2012 By: C�I y Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-658 Civil Term Wells Fargo Bank, NA VS. Joseph R.Basso Christine M. Basso Atty.: Daniel Schmieg By virtue of a Writ of Execution NO.2012-658-CIVIL,WELLS FARGO BANK, N.A. vs. JOSEPH R. BASSO CHRISTINE M. BASSO owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumber- land. County, Pennsylvania, being 1022 TEAKWOOD LANE, ENOLA, PA 17025-2046 Parcel No. 09-13- 0998-039. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$149,404- .95. 24 i 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 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this —10 day of August, 2012 Notary WAIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology-Pkwy 14( atr1*otwXtws Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07/27/12 08/03/12 2012458 Ch I Term 08/10/12 WWI*Fargo sank,NA vs Joseph R.Basso Chrlsone M.Basso . . . . . . . . . . . . Aft DaMel Schmleg By virtue of a Writ of Execution N0. 2012-65&CWM Sworn to sub ribed be or me Is 17 y of ugust, 2012 A.D. WELLS FARGO BANK,N.A. vs. JOSEPH R.BASSO C!~MTINE M. BASSO owner(s)of property situate in the "Noto4y Pu bl i TOWNSHIP OF EASE PENNSBORO, Cumberland.County;F10n"hania,being (/Municipality) 1122 T WOOD'LANE,ENOL,,PA COMMONWEALTH OF PENNSYLVANIA 17025-M46 Parcel W(19-13-0998034. NotaYal Seal Improv matseetad ) Sherrie L.Owens,Notary Public pEUJNntsthereon.RESIDENT1At Lower Paxton Twp.,Dauphin County DWELLING My Commission Expires Nov.26,2015 JUl)CMENfAMOUNI�$149,404.95 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 9th day of January A.D.,2013,under and by virtue of a writ Execution issued on the I st day of June, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 658, at the suit of Wells Fargo Bank,N.A. against Joseph R. Basso & Christine M. Basso is duly recorded as Instrument Number 201314'710. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4�^ day of A.D. of Deeds 4. �Recorder W t�d1y tie,PA My =the Fist Monday of Jw 2014