Loading...
HomeMy WebLinkAbout12-2285 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. PEtt'NSY l `'VANIA 284619 DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased 208 SENATE AVENUE, APARTMENT 501 CAMP HILL, PA 17011 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM d I ? "crags NO. R CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 284619 I?S) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 284619 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: DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased 208 SENATE AVENUE, APARTMENT 501 CAMP HILL, PA 17011 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/13/2009 DEBRA S. MAY and GRAHAM H. MAY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200936222. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 284619 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 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 /07/2011: Principal Balance $89,269.58 Interest $1,483.14 through 11/07/2011 Late Charges $71.73 Property Inspections $40.00 Escrow Deficit $2.48 TOTAL $90,866.93 7 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. Mortgagor GRAHAM H. MAY died on 07/01/2011 and, upon information and belief, his surviving heir(s) are DEBRA S. MAY, GORDON MAY, PHILLIP GRAHAM MAY, and TONY G. MAY. File #: 284619 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. By executed waiver(s), GORDON MAY, PHILLIP GRAHAM MAY, and TONY G. MAY waived their right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit "A". 12. Plaintiff hereby releases GRAHAM H. MAY, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $90,866.93, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. K,- Attorney for Plaintiff Melissa J. Cantwell, I'sd. ID 308912 File #: 284619 LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 268, PAGE 4287, ID# 10-21-0281-052, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING DESCRIBED AS FOLLOWS: 10-21-0281452. BEING MORE FULLY DESCRIBED IN A DEED DATED 11/22/02 AND RECORDED 11/25/02, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 254 AND PAGE 3485. DEED FROM GRAHAM H. MAY, SINGLE AS SET FORTH IN DEED BOOK 268, PAGE 4287 DATED 04/21/2005 AND RECORDED 05/13/2005, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. TAX/PARCEL ID: 10-21-0281-052 PROPERTY ADDRESS: 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003 PARCEL # 10-21-0281-052 File #: 284619 EXHIBIT "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, GORDON MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: -- - `1 ' ? ,?-- Z GORDON AY, Heir of GRAHAM H. MAY, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, PHILLIP GRAHAM MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: p'q- ? r ??-- O'?-- .._ , Heir PHILLIP HA Diceased of GRAHAM H. MA, WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TONY G. MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: G . AY, Heir of GRA H. MAY, Decea d VERIFICATION Christine Castellanos, hereby states that h<? is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that heKOis 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 of hi er nformation 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. U44?-? Jia? Christine Castellanos, Vice President Loan Documentation DATE: March 30, 2012 File:284619 May 032-PA-V3 WELLS FARGO BANK, N.A. vs. Plaintiff(s) DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE r-? r-, FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA r.n C) I C? -do 756iisE Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your _ _. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone:_ Borrower Occupied? Yes ? No ? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Home: Office: Cell: State: Zip: Other: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: # of people in household: First Mortgage Lender: Loan Number: Second Mortgage Lender: Cell: Other: How long? Date you Closed Your Loan: Type of Loan: Loan Number: Type of Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: . R Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats motorcycles): Model: owed: Value Monthly Income Name of Employers: I. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days:_ Co-Borrower Pay Days: Year: Amount Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2?d Mortgage Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Twit. Other Expenses Year: Year: Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes F-1 No F-1 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, _ , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4',RERLAtit) CoLlpiTy PEt"'114S YL'/A! oj" Pf 23 pm Wells Fargo Bank, N.A. vs. Debra S. May Case Number 2012-2285 SHERIFF'S RETURN OF SERVICE 04/16/2012 07:49 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1949 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Debra S. May, by making known unto herself perso Ily, at 208 Senate Avenue, Apartment 501, Camp Hill, Cumberland County, Pennsylvania 17911 its c tents and at the same time handing to her personahy the said true and correct copy of th? arAe. SH#WN HARRISON, DEPUTY 04/16/2012 06:45 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Debra S. May, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Debra S. May. Request for service at 306 Charles Road, Mechanicsburg.. Pennsylvania 17050 is vacant. SHERIFF COST $74.00 SO ANSWERS, ?2 April 19, 2012 RON W R ANDE=RSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, N.A. vs. Debra S. May ??ttV1t}' ut ?aui3l?r;ya?,?- E 1"'LEC) 0 T4 ' I? APR 23 Pif 12: 11 UNDERLANo COUNTY PENNSYLVANIA Case Number 2012-2285 SHERIFF'S RETURN OF SERVICE 04/16/2012 07:49 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1949 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Debra S. May, by making known unto herself pe70T Ily, at 208 Senate Avenue, Apartment 501, Camp Hill, Cumberland County, Pennsylvania 1W'I its ent s and at the same time handing to her personally the said true and correct copy of th "e. HARRISON, DEPUTY 04/16/2012 06:45 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Debra S. May, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Debra S. May. Request for service at 306 Charles Road, Mechanicsburg, Pennsylvania 17050 is vacant. SHERIFF COST: $74.00 April 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 'cj cou, ;yS'Ac- i'er'f. Teiarr. ft. ??,::. WELLS FARGO BANK, N.A. vs. Plaintiff(s) DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA c_. J `D e te -G -' -4 r ' ) . C:) `. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 141- Date Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your . Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: State: Zip: Yes ? No ? Listing date: Price: $ _ Realtor Phone:_ Yes ? No ? Phone Numbers: Home: Cell: State: Zip: Other: Email: # of people in household: How long? Mailing Address: City: State:__Zip: Phone Numbers: Home: Office: Email: # of people in household: Cell: Office: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Date you Closed Your Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: _ Included Taxes & Insurance: Type of Loan: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile 91: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles. boats. motorcvcles): Model: Year: Year: owed: Value Monthly Income Name of Employers: 1. Year: Amount 2. 3. --- Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Pa ment(s) Condo/Nei . Fees Auto Insurance Med. (not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) C . _ i `M r- rte-- , 7rr cn -<> ,. c ci :1 = C) - .c;. C e7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2012-2285-CIVIL DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased CUMBERLAND COUNTY ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, WELLS FARGO BANK, N.A., respectfully requests that this Honorable enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court the above captioned matter and in support thereof avers the following: 1. The property located at 306 CHARLES ROAD, MECHANICSBURG, PA 1 3003 is owned by DEBRA S. MAY and GRAHAM H. MAY, as tenants in common by virtue a deed dated April 21, 2005 and recorded May 13, 2005 in Book 268 Page 4287 of CUMBERLAND County Recorder of Deeds Office. 28461 2. On October 13, 2009, DEBRA S. MAY and GRAHAM H. MAY made, executed;, and delivered a mortgage upon the premises at 306 CHARLES ROAD, MECHANIC SBURQ1 PA 17050-3003. 3. The loan is in default as payments due August 1, 2011 and each month thereafter due and unpaid. 4. Real Owner GRAHAM H. MAY died on July 1, 2011. 5. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 6. Plaintiff performed a Good Faith Investigation in an attempt to identify and the heirs of GRAHAM H. MAY. Plaintiffs investigation did not confirm any additional Attached hereto, marked as Exhibit "A" is a true and correct copy of Plaintiffs Affidavit of Faith Investigation. 7. Plaintiff, obtained a copy of the obituary for GRAHAM H. MAY published on J 4, 2011 in the Patriot-News. The obituary confirmed that GRAGAM H. MAY was survived his daughter, DEBRA MAY, his two sons, TONY MAY and PHILLIP MAY, and his son, GORDON MAY. Attached hereto, marked as Exhibit "B" is a true and correct copy 8. Upon information and belief, the surviving heirs at law and next-of-kin GRAHAM H. MAY are DEBRA S. MAY, GORDON MAY, PHILLIP GRAHAM MAY TONY G. MAY. 9. By letter dated February 3, 2012 Plaintiff contacted, GORDON MAY, GRAHAM MAY and TONY G. MAY to inform them of the foreclosure action. P attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff 28461 ?0 requested information regarding the heirs of GRAHAM H. MAY. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 10. By executed waiver(s), GORDON MAY, PHILLIP GRAHAM MAY and TONY G MAY waived their right to be named as a defendant in the foreclosure action. Said waiver(s) attached as Exhibit" D " 11. On April 11, 2012, Plaintiff filed an Action in Mortgage Foreclosure. hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in M Foreclosure. 12. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and persons, firms or associations claiming right, title or interest from or under the decedent owner in order to ensure that all possible parties with an interest in said property are notified these proceedings and in order to ensure that good and marketable title to said property i conveyed by any future sheriff s auction. See Exhibit "E." 13. Because there may be parties with an interest in the mortgaged premises that unknown, Plaintiff must effectuate service through Special Order of Court. 14. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers no Judge has previously entered a ruling in this case. 15. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion and Order to the Defendants on 6/27/12 and requested the DefendariVE concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local rule 208.3(9) and postmarked certificate of mailing is attached marked as Exhibit "F". 28461 ! WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all[ future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN--&-? IEG, LLP Date: By: Allison F. V/ells, Esq., Id. No.309519 Attorney for Plaintiff 28461 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2012-2285-CIVIL DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased CUMBERLAND COUNTY ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an to personal service if the plaintiff cannot serve a party personally. The rule requires the presented in support of the motion for alternative service to state "the nature and extent of investigation which has been made to determine the whereabouts of the defendant and the why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is provide proof that a good faith effort has been made to effect service under normal methods. Onl after such proof has been offered is the Court authorized to direct another method of service. Deer Park Lumber, Inc. v. Maio r, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), denied, 525 Pa. 582, 575 A.2d 113 (1990). 28461 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of thq; investigation that has been made to determine the whereabouts of the heirs and assigns and reason that such service cannot be made. Attached hereto, marked as Exhibit "A" is a copy of Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. F Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representati heir or devisee of a deceased mortgagor, if known, (unless released from liability) must named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 1 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown successors, assigns and all persons, firms, and associations claiming right title or interest from under the decedent mortgagor as a defendant in order to convey clear and marketable title a foreclosure sheriffs sale. Title companies customarily require foreclosing mortgagees to the unknown parties in order to assure that any potential party with an interest in the premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant requested relief. PHELAN HALLINAN & , LLP Date: It z) Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 28461! Exhibit "A" AFFIDAVIT OF GOOD FAITH INVESTIGATION Pile, Ntimbci: 284619 Attor:;cy Firm: Phelan, Ilallinan & Schmieg, LLP Subject; Graham H. inlay :ope_tty Add es,? i06 Charles Road, 4tes hanicshuig, PA 171 oss« 1e 11:3i1in , ;Address; :306 Chides Road, Hampcienl PA. 7050 1. CR1;DH iNFORMA I`ION A. SOCIAL Sl.i'Cl!RITY NUMBER Our search verified the fallowing ii-formation to be true and correct Graham i 1. May - xx,<-xx-2507 iz fiMPI,C?YMFNTSFARC:H taialaam H. May -A review of kite crCrdit roporthav ayvircli_; providexl nv cmployuaeiat iufornaation. C. INQLIRY OP CREDITORS Our inquiry of creditors indicated that Graham 11, Ma) resideN) at: 306 Char(e> Road, b- lecltanicshurg, PA 17050. 11. INQUIRY (,)F 1'Is]..F:PI-10NP. CO:YIPANY 1 DIRECTORY ASSIS'1'ANCF SEARCI i Our office searched diieetorv assistance databases, which had no listing for Graham LI. Flay. B On 01-0,5-12 our office. made a telephone call to it possible phone rnumbci of the subject(s) (717) 731-008 and reccived the- following, information: not in service. Our (Alice. was unable to locate any heir for Graham H. May. III. OBP u;'1RY SEARCH A. Attempted to find obituary via http://oa.nevvshank.com/?' B. Found obituary published. July 4, 2011 in the Patriot-News, f,c (f-farrisbui g, PA). See attached- iV, Ii QW-RY OF I ilgRS AND , NEIGHBORS Ora Ol-Oli-'12 oerr office was unable to locate any inf(irrmatic}n for fieatrice L. May, relative of C:raheirr H. May. On 01-{i5-12 our office was unable to locate rang information for Matthews A-lay, relativee of graham 1-I. May. Oil (;l -05-12 e?ur office was unable to locate any information for Iloather, relativc of Graham 11..Mav. On 01 -1)-)-12 our office was unable to locate any urfoilnatio.n for Frin, relative of Graham H. ,Stay. C.`>u G1 J' 1`_'. our office was unable to locate anv rnfoi suatior. iw 'l ma, ietative of Graham lL N"lir-. On 411 our office was unable to locate any in ormat,ein nor C. i 7o; retattve of C:rralaam H, May. On (A-0.5-12 our office was imahle to locat , ;any informatio: fol- Sydney, relative of .. iallanl 11 Mat'. On 01-05- 12 our office attempted to contact Debra Mar . re' ative of Graham I-I. May it 208 Senate Avenues, Apa_ttm eut 5t 1, Camp Hi11, PA 17011, but vvas imable to get any phone number for him. On 01-05 12 our office attempted to costar t Gordon relative of Graham It. Ma- at. L'o 3rook %leadow- Drive, Mechanicsburg, PA 17030, but was unable to got env ,ilium, rnnnber for him On 0 I2 ow office attemptedl to contact Jaiure= 1- .1fw, I;utcentiai relative of G.rah rn H MLiy at 106 Brook Nle<tdwvv Chive, AMcch a icsburg. PA 17050, but was unab le to get ml} phone uuixiber for lien. t2 onr office atteaaapied to ,onto,` Kathy Alice (.: t,nnar, nu,rrrha) i?rritive of Cr?,ihati: II. Rtati• at: b ??st Maiket t'eet, Gratz, ?A 17030, but ,vas unable to vel a l} ph;nie number for her. On o 12 nu r offic" attempte?A to contact Chester R. C'm man 11I, potential 1 Mative of Gralvin May at: 22 !ti'alrtut f?rive, York Liven, PA . i370, but Seas unauie to get aril' phone rinrsber for Fin,. On 01-05-12 our office attempted to contact Frances Tunstall May, potential relative of Graham H. May at: 67 Dory Lane, Clayton, NC 27520, but was unable to get any phone number for hum. On 01-05-12 our office attempted to contact Phillip Graham May, potential relative of Graham 1-I. May at: 4056 Massey Road, Zebulon, NC 27597, but was unable to get any phone number for hire. I On 01-05-12, 01-06-12, 01-09-12, 01-10-12, 01-11-12, 01-12-11, 01-13-11, 01-16-11, 01-17-12, 01-18-12 & 01-19-12 our office made several phone calls in an attempt to contact Tony G. May, relative of Graham 11. May at (919) 550-9091, 67 Dory Lane, Clayton, NC 27520: no answer On 01-05-12 our office made a phone call in an attempt to contact Phillip Graham May, relative of Graham H. May at (9"19) 404-1494,5210 Brantley Road, Zebulon, NC 27597: spoke with an unidentified female who could not confirm any heir information for Graham H. May. On 01-05-12 our office made a phone call in an attempt to contact Jon Luis Alvarez, neighbor of the subject at (717) 761-2152, 300 Charles Road, Mechanicsburg, PA 17050: spoke with an unidentified female who could not confirm any heir information for Graham H. May. On 01-05-12 our office made a phone call in an attempt to contact Joseph Lewis Smith Sr., neighbor of the subject at (717) 737-6487, 301 Charles Road, Mechanicsburg, PA 17050: spoke with an unidentified male who could not confirm any heir information for Graham I-3. May. On 01-05-12, 01-06-12, 01-09-12, 01-10-12, 01-11-12, 01-12-11, 01-13-11, 01-16-11, 01-17-12, 01-18-12 & 01-19-12 our office made several phone calls in an atternpt to contact Keith M. Gruver, neighbor of the subject at (717) 975-3587, 305 Charles Road, Mechanicsburg, PA 17050: no answer. Using our white pages database our office was unable to locate any neighbors for 306 Charles Road, Hampden, PA 17050. Our office was unable to locate any heir for Graham 11. May. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-05-12 we reviewed the National Address database and found the following information: Graham H. May - 306 Charles Road, Hampden, PA 17050. B ADDITIONAI. ACTIVE. MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing; address: 306 Charles Road, Hampden, PA 17050. VI. O"I'HER INQUIRIES A. DEATI I RECORDS As of 01--05-12 Vital Records and all public databases have a death record on file for Graham 1-1. May VII. ADDITIONAL INFORMATION OF SUBJEC"L A. YEAR OF BIRTH Graham 11. May -1927 B. DATE OF DEATH Graham H. May - 07-01-2011 * Our accessible databases have been checked and cross-referenced fox- the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 49fM relating to unsworn falsification to authorities. Ih'. xLs ?i, a illu 111 tWon is ubt.amed from available public records and we are only liable for the cost of the affidavit. Exhibit It B" ObitsArchive.com: Document Display Page 1 of ObitsArchivexom Patriot-News, The (Harrisburg, PA) - July 4, 2011 Deceased Name: Graham Henry May Proud Army Veteran & Avid Bowler - Graham. Henry May, 84, of Mechanicsburg, died Friday, July 1, 2011, at I loly Spirit liospital. He was born on Sunday, January 2, 1927, in Zebulon, NU the son of the late Graham 11. and Lorena Sue (Perry) May. He married his sweetheart, Beatrice L. (Matthews) May, on Novern.ber 6, 1945 and they spent 50 happy years together before her death. C.lrah,:,nx was a graduate of Wake Iligh School in Zebulon, NC and Penn State University. He was a proud Army Veteran ,?vho served in World War 11, Korea, and Vietnam. Graham was attached to the 131h and 82nd Airborne, the 508th Airborne Regiment and Combat team and the 187th Regiment Combat team. Ile was a Master Parachutist and Jump Master who had over 400 jumps. Among Graham's honors and awards was the World War lI Victory Medal, the Bronze Star, Air Medals and Combat Medals, After retiring frorrr the Army, Graham operated a grocery and deli in Camp hill for four years before deciding to c«ntinue his education at Harrisburg Area Community College and then Penn State University. At Penn State he coached and bowled on the inner collegiate bowling team. After graduati from college, ho entered the trucking business and continued to bowl. Graham bowled in leagues at Trindle Bawl, for more than 43 years and bowled in the ABC National Bowling Tournament for 40 Years. Graham is survived by one daughter: Debra May; two sons: Tony May, Phillip May; one !_>.randson and adopted son: Gordon May; three granddaughters: Heather, Erin, Tara; and three great-grandchildren: including Gabe and Sydney. He was preceded in death by his sister: Josephine (May) Scarboro. Atl are welcome to join Graham's family at his viewing on Tuesday, July 5, 2011, from 5:00 to 7:00 p.m., at Myers-Buhrig Funeral Home and Crematory, 37 East Main Street, Mechanicsburg, PA, 17055, (717) 766-3421, www.Myers-Buhr1gX0n1. Graham's funeral service will be held on Wednesday, July 6 201 1, at 2:00 p.m_ in the Chapel of Myers- Buluig Funeral Home and Crematory, with Bob Sclreilenberg, officiating. Burial will immediately follow in St. John's Cemetery, Mechanicsburg, wher military rumors will be presented by the Cumberland County Honor Guard. Please share your memories and photos ofGralrarn and offer your condolences at. wk? , .SharingSpecialMemories.corrr or www.1.14yers-Buhrig.com. Patriot-News, The (Harrisburg, PA) Date: July 4, 2011 Edition.: Final Page:.A06 Record Number: 1107046719420 Copyright, 201 ],The Patriot-News Co. All Rights Reserved. Used with permission. http:!%www,ot)itsarchive.com.ioa-search/welArchives?p _action=print&p docid= 13846EE7... 1/20/201 Exhibit It C" PHELAN HALLINAN & SCHMIEG, LLP 1617 HK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1241 Fax: 215-563-3352 February 3, ?..012 M-1I1A.IP GRAHAM MAY, Heir of GRA -TAM I-1. MAY, Deceased 4056 MASSEY RD ZEBl1LON. NC' 27597-6435 'T'ONY G. MAY, Heir of GRAHAM 11, MAY, Deceased 67 DORY LN CI_,AYTON, NC 27520-4452 GORDON MAY, Heir of GRAHAM 11. MAY, Deceased 106 BROOK MEADOW DR MECHANICSBURG, PA 17050-3135 RE: DEBRA S. MAY and GRAHAM H. MAY; 306 CHARLES ROAD, MECHANICS.BURG, PA 17050.3003; WELLS FARGO BANK, N.A.; PHS# 284619 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent Wl'l.l:S FARGO BANK, N.A., the holder of the mortgage against the above-referenced snort raged premises. Our office has been retained to bring a foreclosure action. Our (-)ffice has been informed of GRAHAM H. MAY's unfortunate death. We are sorry for your loss, As a possible heir of GRAHAM H. MAY, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. This flan is a debt collector. Any infornration we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a Mendant in the action in order to digest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for GIB HAM 11. MAY, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter, If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any {ether questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1241 Sitt'i? Iv.J f atl,c? t ius>it<.k Esq., Id. No.80193 Attorney for Plaintiff.' This !inn is a debt collector. Any infonnation -,tie receive wiil be used For that purpose. 1f your personal liability for the debt i:as bean discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGIIT TO BE NAMED AS A DEFENDANT IN FORE' CLOSURE ACTION 1, PH.ILIAP (IRAIJAM MAY, Heir of GRAHAM 11, MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 Cl-1ARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)1. l do hereby waive my right to be named as a defendant in a :foreclosure action as provided by Pa.R.C.P. 11131 c scq_ ?mhich may be instituted by WELLS FARGO BANK., N.A,, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, tnclildin,?, brit not limited to the Sheriff's sale, and understand that any interest I may have in the inortgat;ed premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise pays t'f the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date PI ILLIP GRAHAM MAY, Heir of GRAHAM H. MAY. Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE, ACTION 1, '1"(-)N Y G. MAY, Heir of GRAI1AM.1-1. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECIIAN TIC:SBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1 141 et sett., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights Inlay have under Pennsylvania law to reinstate or otherwise payot'l'the i.inde;rlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: TONY G. MAY, Heir of GRAHAM II. MAY, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE AC'T'ION I, LORI ON MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CI-IARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301.(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R..C.`.P. 1141 et seq., which may be instituted by WELLS FARGO [SANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Shcriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise p iyol'f the underlying debt or to make any clairri for excess proceeds generated by the Sheriff's sale of the mortgage: premises. Date; GORDON MAY, Heir of GRA I TAM 11. MA Y, Deceased Exhibit It D" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, PHILLIP GRAHAM MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by I'a.R.C.P. 1141 et seq., which may be instituted by WELLS LARGO .BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: p- /.z 4 Heir Pl IILIAP GltAl ]A OLecased of GRAHAM 11. MA WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TONY G. MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: .?.`.A Z OK'y c SAY, Heir of G [i A 1 k`A '11I. MAY. Decca-S'10) WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, GORDON MAY, Heir of GRAHAM H. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. Date ! 3-? GCS ZDON N AY, Heir of GRAHAM H. MAY, Deceased Exhibit It E" PHELAN HALLINAN & SCHAiIIEG, LLP Melissa J. Cantwell, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. 294619 DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased 208 SENATE AVENUE, APARTMENT 501 CAMP HILL, PA 17011 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 Defendants n C ?rm Cog N ? ."rm -urn i ?i CD .r O ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. aala,?s Civil CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE hereby cejuw me .:.? true ar4 ofiginet filed Ot MW Aurmy Rle Please RetUM Fite C 284619 Supreme Court of Pennsylvania Court Of CoI11111,0'to Neils (`UNIBFHI AND Counity S E C T I a N For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This form does U , Icinew of replace ? the filing and service o???l< rtcltnsjs or other papers as required In, law oi- rules o; Commencement of Action: Ox Complaint. 1_1 Writ of Summons ? Petition ? 'T'ransfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff s Namc. WELLS FARGO BANK, N.A. f Lead Defendant's Name. DEBRA S. MAY Are money daTitages requested? ? Yes Z No is this a Ctass Action Suit? ? Yes R No Dollar Amount Requested: ? within arbitration 1 (Check one) © outside arbitration Is, this an MDJ Appeal? ? Yes No Name of Plaintif47Appellan1`s Attorney: _. ..........._ Phelan lta lirtan_cSr Schirii ,.LI P A [ Check liE.re if you have no attorney (are a Self'-Represented [Pro Sel Litigant) S E C T I €I N B Nature of the Case Place an " X" to the left of the ONE case category that most accurately describes y PRIMAR Y CASE. If you are making more than one type of claim, check the one tl you consider most important. CIVIL APPEALS TORT (do not include.ttrs.s tort) CONTRACT (do not include.ludgtruntsi ? Intentional ?, Buyer Plaintiff Administrative Agencies ? Malicious Prosecution ? Debt Collection: Credit Card C:1 Board of Assessment ? Motor Vehicle ? Debt Collection: Other ? Board of f'lecdons 0 Dept, of Transportation ? Nuisance Appeal: Other ? Statutory ? Premises Liability _ _,.. , ? Product Liability (does not - - include mass tort; C F.,niployment Dispute: ? Slander/Libel/ Defamation Discruninatioil Cl Employment Dispute: Other ? Zoning Board C.7 Other: . r-1 O Ill ..... t er. MASS TORT _........__-- ? Asbestos 0 Tobacco ? Toxic Tort - DES Cl Toxic Tort - T.mplknu FI Toxic Waste F, other. PROFESSIONAL LIABILITY L) Dental l [ 1 l,ega.l L.? Medical C; Othet Profess ion"I Pa. R. C. R 205.5 El Other: REAL, PROPERTY D EleCtment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute E Mortgage Foreclosure: Residential [] Mortgage Foreclosure: Commercial Cl Partition D Quiet Title 1 Other: M.IS(., L LI..A,N 11A) u ? Common Law/Statutory C.) Declaratory Judgment FJ Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: ]oil 0110112011 Phelan Hallinan & Schmieg, LLP 161.7.IFKBoulevard., Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Ismail: com?laintsAl edphe.con? March 19, 2012 Office of the Prothonotary Cumberland County Courthouse 1 (_ ourt.house Square Carlisle. PA 17013 Representing I-enders in Pennsylvania and New .Jersey Re: WELLS FARGO BANK, N.A. vs. DEBRA S. MAY 4t l1C) Ili t l()l?rrl(_0,(?1?-i?t)IZ1.t t t} (IR Dear Sir./Madam: Enclosed are an original and NUMBER copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter ['or filing with your office. A check for filing been attached in the amount of x;103.75. The sheriff's office advised our office on _03/19 2012 that sheriff's costs total $COST for this file. If there is a concern regarding the costs, please contact K 1 t 11 KIN' FR (l Z at PH&S; please do not return the Complaint to our office. Please File the Complaint and return your receipt to us in the enclosed stamped, addressed envelope; together with a time-stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint, the check for service, and the enclosed service sheet(s) to the Office of the Sheriff for service on defendant(s). 'Thank you for your cooperation. Very truly yours. Phelan Ilallinan & Schmieg, LLP COIvIPI:AIN'I'DEI'ARrt'IV1E l'F Phelan. Hallinan & Schmieg, LLP 161'7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com Representing Lenders in. Pennsylvania and New Jersey March 19, 2012 OVERTIME. W1-[ k,l Nl) SLRVIC.F;,...MIILEAGE APPRQ.VAI_, 1'0: The Sheriff's Department of CUMBERLAND County Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on 03/19/2012that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact KATHERINE TRALITL at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. 'This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. l1allinan or Dan Schmieg with Suzy questions or requests you may have. Thank you for your efforts. Phelan Hallinan &. Schmieg, LLP COMPLAINT DEPARTMENT IN THE COURT OF COMMON PLEAS WELLS FAR(A) BANK, N.A. OF CUMBERLAND COUNTY, Plaintiff(s) PEN"NSTLVANIA vs, DEIBRA S. MAY, Individually and in her capacity as Heir of GRAIIAIVI H. MAY, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM It. MAY, DE(: EASE1.) Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with. your lender. If you do nut have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Covet within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you. will have an opportunity to meet with a representative of your lender in attempt to work out: a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court. which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE'1:H STEPS REQUIRED BY THIS NOTICE, THIS PROGRAM IS FREE. Respectfully .submitted: -- 17-?t;x / Signature of Counsel for Plaintiff Cumberland County Residential Mortgage: Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket it . i BORROWI`,R REQUEST FOR HARDSHIP ASSISTANCI To complete your request for hardship assistance, your lender rnust consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: Is the property for sale`. Realtor Name: Borrower Occupied? Mailing Address (if different) C itY: State Yes ? No ? Usting date .......... _.....--__ Price: S__..... ......... ._? Realtor Phone: Yes [] No ? Phone Numbers: llomc Cell: Office: Other: Email: # .)f,people in household: How long? Mailing Address: City: State ____Zip: Phone Numbers; i:IomE ___ Office __ Cell: Other Email: ?. e. _m ..T _.... ._. t# of people in household: How long? First Mortgage l.ei'idL•r•: Type of Loan: Loan Num!oer: Date you Closed Your Loan: Se:;ond Mortgoag1e [ rnctcr: Type otLoan: .......................... I ,t an -Number: Total Mortgage Payments Amount: S Included Taxes & insurance: Date of Last Payment: ]s the loan in Bankruptcy" Yes [I No ? If yes, provide names, location of court, case number & attorney: assets _ Home: Other Real l3state: Retirement Funds: Investments: Chcclangr Sav9rtgs: Other: 5 Amount Owed: Valu : S ?S Automobile #1: Model: Year: Amount owed: Value: Automobile 92: Model: Year: Amount owed: Value: Other tranportation automobiles boats, motore cles _ Model: Year: An7Onnt owed: Value Monthly.[ncome Name of Employers: 1. L. 3. Additional Income Description (not wages): 1. nion(h1), amount: 2. monthly amount: Burrower Pay hays: Co-Borrower Pay Days: Monthly Expenses. (Please only include expenses you are currently paying) EXPENSE I AMOUNT Mort gage 2"" Mortgage Car Payment(s) _ I Auto trtsurance Auto fuel/repairs Install. Loan Payment - ?? Child SupportlAlim. Da-v/Child Careffuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 i'lo if yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: ............ btnai : Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No If yes, please indicate. the status of the application: 1 lave you had any prior negotiations with your lender or lender's 'loan servicing company to resolve your, delinquency? Yes'.... No L if yes, please indicate the status of those negotiations: Please provide the following information, ifyou know, regarding your lender or tender's loan servicing company: Lender's Contact (Name): _...... .. Phone: .--- _ _ Servicing Company (game): Contact: Phone: authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to tender: L Proof of income 2. Past: 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) P) II-'LAN f fA1.LINAN & SCHTAIEG, LLP Melissa 1_ Cantwell, Esq., Id. No. 308912 1617 7FK Boulevard, Suite 1400 One Peuri Center Plaza Philadelphia, PA 19103 2!5-563-700 V'FLI_,S FARGO BANK., N.A. 3476 STATEVI..I W BOULEVARD FORT` MILL, SC 29715 V. Plaintiff 284619 DEBRA S. MAY Individually and in. her capacity as Heir cif' GRAIIAM.11. 44AY, Deceased 208 SENATE. AVENUE, APARTMENT 501 CAMP I III.1I.,. PA 17011 t,':NKNOWN IIEIIZS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGIIT, TITLE OR INTEREST FROM OR f'NDI R GR.AI IAM. H. MAY, DECEASED 306 CIfARLES ROAD NfI:CIIANICSBI.:IZCi, PA 17050-3003 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON P11"AS CIVIL, DIVISION TER1?I. NO. CUMBERLAND COUNTY CIVIL, AC:`I'I:ON - I.,AW COMPLAINT IN MORTGAGE FORECLOSURE 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 «Vith 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 'I'RIS RAPER TO YOUR LAWYER AT ONCE. IF YOt:I DO NOTHAVE A I...AWYER., 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 BIB, ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUNBERLAND COUNTY ATTORNEY REFERRAL. CUMBERLAND COtYNI TY BAR ASSOCIATION CUMBERLAND COUNTY COURTI LOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ri,cf; 281 Pi 1 9 l . Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVI.EW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased 208 Sl?NATE AVENUE, APARTMENT 501 CAMP 1111-1, PA 17011 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIA"PIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM It. MAY, DECEASED 306 CHARLES ROAD MECI-IANICSBURG, PA 17050-3003 who is/are the mortgagor(s) and./or real owner(s) of the property hereinafter described. On 10/13/2009 DEBRA S. MAY and GRAHAM H. MAY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 2009 36222. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. i I'r a <;i•1 j. 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 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. 'rhe following amounts are due on the mortgage as of 11/07/2011: Principal Balance $89,269.58 Interest $1,483.14 through 11/07/2011 Late Charges $71.73 Property Inspections $40.00 Escrow Deficit $2.48 TOTAL $90,866.93 7 8 9 Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action: however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. Mortgagor GRAHAM H. MAY died on 07/01/2011 and, upon information and belief, his surviving heir(s) are DEBRA S. MAY, GORDON MAY, PI-IILLI.P GRAHAM MAY, and TONY G. MAY. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. By executed waiver(s), GORDON MAY, PHILLIP GRAHAM MAY, and TONY G. MAY waived their right to be named as a defendant in the foreclosure action, Said waiver(s) is/are attached as Exhibit "A". 12. Plaintiff hereby releases GRAHAM H. MAY, from liability for the debt secured by the mortgage. WfIEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the spun of $90,866.93, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, I,I,P ti Attorney for Plaintiff Melissa J. Cantwell, rq ID 30&91.2 LEGAL DESCRIPTION ALL, THAT PARCEL OF LAND IN CUMBERLAND COUNTY, COMMONWEALTII OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 269, PAGI? 4287, ID4 10-21-0281-052, BEING KNOWN AND DESIGNATED AS: A1_I, "THAT CI RTAI, PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, AND BEING DI='SCRIBED AS FOLLOWS: I0-2l -0281452. BEING .MORE FULLY DESCRIBED IN A DEED DATED 11 /22/02 AND RECORDED 11/25/02, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 254 AND PAGE 3485. DEED PROM GRAHAM H. MAY, SINGLE AS SET FORTII IN DEED BOOK 268, PAGE 4287 DATED 04/21/2005 AND RECORDED 05/13/2005, CUMBERLAND COUNTY RECORDS. COMMONWEALTH OF PENNSYLVANIA.. 'I'AXioPARCEL ID: 10-21-0281-052 PROPERTY ADDRESS: 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003 PARCEL 4 10-21-0281-052 Fife li 2846 19 EXHIBIT "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, GORDON MAY, Heir of GRAHAM 11. MAY, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 306 CHARLES ROAD, MECHANICSBURG, PA 1700-3003, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. 1 hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. -, t ,°1 Date: 44 0 C){)N NAAY, Heir of GRAHAM I-1. MAY, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE. ACTION 1. N 1111,111(RAIIAM MAY, Heir of GRA.DAM 1-I. MAY, Deceased. hereby ,acknowledge that I may have an ownership interest in the property located at 306 C,l IARI,F' 1Z():11), N4l;C'}1r1N1C'S13lJRG, 1 's 17050-300', in accordance with Section 301(N ol'the l'calnsylvarua Probate, l states and fiduciaries C:;odc. 120 l'a (".S.A. Section 301(b)j. 1 do hereby vViM e 1c1), right to lie mined as a defendant in aforeclosure action as provided by 1141 cat sect- which niay he instituted by W1? LLS f AR-GO BANK, N.A., involving said property, which property u' 1s owned by the decedent at the time of his death. I hereby consent to tine foreclosuve action, without any further notice of said action, including but not 11mited to the Sheri 11 s sale, and understand that any interest l .may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises.. Date: ..1`-? Q` 1'1111IL11' (iltAltA? l 1A , Heir 0 f GRAHAM H. M A 1h,ce?scx1 WAIVER BY HEIR OF RIGI1T TO BE NAMED DEFENDANT IN FORECLOSURE ACTION AS A I,'('{)N G- M_AY heir of'GR-AIIAM H. MAY, Deceased, hereby tacl4nowled9c di at I av Ilan . ?:rrr ownership?rntc>'st in the property >GCy?rdarace?lwith Section t7 3 01(b) ?i?t cyI'ennwyl???rtri<? MI,.t"IlANlt'S13L1R(.j, PA 17050-300', 1 (to hereby ?vzmfc rrry Probate, 1-states acrd I? iduciar-ies Codc, {z 0 Pa C.S.t! Section ,O1(b}?. ri?,ht to be named os a defcndtrnt in a forjclcrsuacr?it? l?ir+? c?l? iint?4sPicllprcrl?ertl??. ??'!» c.h??l which rrr?ty be instituted by Wl IA,S l?AIti(1 7 I3AI?llti properly \v s owil ed by the. decedent at the time of his death. said I hereby consent to the ttrreelrrstrre action, Li'nclerst4rnd tltatlan}rintere:?tf'l may haven, in the including but not limited to tine Sheriffs sale, and mortgaged premises will be divested upon completion of the foreclosure action. excess Pennsylva I do retain any and all rights I may have under rSlzerifl's e generated by the payoff the underlying debt or to make any claim sale of the mortgage premises. ?l ?., . G. Date: 1Y, Heit of C"rlilyllA II. MAY, l)ec,ellk, VERIFICATION Christine Castellanos, hereby states that his Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that heAle?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 of hi er nformation and belief. The undersigned understands that this statement is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .......:........ Christine Castellanos, Vice President Loan Documentation DATE: March 30, 2012 File-.294619 May 032-PA-V3 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 -- Court Number: WLI,I.S F.AILGO BANK., N.A. 1 I apiration Date: 1 Type of Action IN11or gave Foreclosure Complaint Defendants: DEBRA S. iMAY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSON' FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TI I'LE OR INTEREST FROM OR UNDER GRAF 11. MAY DECEASED Serve Upon: DEBRA S. MAY Address for Service: 306 CHARLES ROAD MECHANICSBURG PA 17050-3003 Alternate Address for Service: 208 SENATE AVENUE, APARTMENT 501 CAMP HILrL. PA 17011 _ Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy court order required Special Service Instructions: **Lf service is to be made by deputized service to another county please specify which Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, I. LP Francis S. Ilallinan, Esquire Address: 1617 JFK Boulevard, Suite 14001 One Perin Center Plaza Philadelphia, PA 1.9103 TuI??I?h?,?,c 215-563-7000 x 1482 Request- for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 7 17.240.63 97 Wl_'LLS F ARGO BANK, N.A. Court Number: Expiration Date:: 1 ype of Action: Mortgage Foreclosure Complaint DEBRA S. MAY, Defendants UNKN_0_ N IIFIRS. S U C C ESS0R.S, ASSIGNS, AND ALL PERS ON S , . FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTF RI ST FROM OR UNDER GRAH AJ1 H MAY DECEASED - -- Serve upon: DEBRA S. M AY Address for Service: 208 SENATE AVENUE, APA RTMf.,NT 501 CAMP 111.1 J_ PA 17411 .......... Alternate Address for Service 306 CHARLES ROAD MECHANICSBURG. PA 17050-3003 Type of Service: Personal ? Adult in Charge ? Deputize El Certified Mail ? Posting (copy )f court order required ) Special Service Instructions:--_... **If service is to be made by deputized service to another county please specify which ountV Filing Attorney's Information: Name. Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 'l'ekkpi wle: 215-563-7000 x 1482 Exhibit It F" Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 June 27, 2012 DEBRA S. MAY 208 SENATE AVENUE, APARTMENT 501 CAMP HILL, PA 17011 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 RE: WELLS FARGO BANK, N.A. vs. DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased ET AL. Civil Docket No. 2012-2285-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint an all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) 1 am seeking your concurrence with the requested relief. Please respond to me within one week from the ate of this letter. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please guided accordingly. Sincerely, Michelle Gr`ago' g Legal Assistan XF PHS# 284619/MJG o£o' c1l?g 0 0 ? F xN? Sao Z azQ w ?Va ?zW aaQ wzd a O a II ? L CC Vii 'LS ? L y ca 'fl 1.. zQo .. 11' 1 11 -V'I ????'??C? 1, 1 '1 ?_ U G N U C O U 2 z o $ ,. l F i r.. a x d x ox w ?O O? O ? w w a. ? aW ? W /`? Fr by w 0 O [~ kr) d z ?; M a ¢ v d w w C7 0 0. Uz ? o ?D a ? d Q ? YAM '- w Q U o ?wa, C/) Zu V V z ° U W ? CO NU Q d° .02 E= N r, In ?O 1\ o° C? N ri z y ? U y C a 5 .? H a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. Attorney for Plaintiff : COURT OF COMMON CIVIL DIVISION NO. 2012-2285-CIVIL DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased CUMBERLAND COUNTY ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for S Service was served by regular mail on Defendant(s) on the date listed below: DEBRA S. MAY 208 SENATE AVENUE, APARTMENT 501 CAMP HILL, PA 17011 continued 284619 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM, H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 PHELAN ,LLP Dated:_ 7- % Allison . Wells, Esq., Id. No.309519 t Attorney for Plaintiff 2846 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION VS. DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased ET AL. ORDER AND NOW, this 13 day of T411 NO. 2012-2285-CIVIL CUMBERLAND COUNTY , 2012, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by mailing a true and correct copy of the Complaint by Regular mail; and by posting the mortgaged premises at 306 CHARLES ROAD, MECHANICSBURG, PA 17050- 3003 by the Sheriff or by a non-party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. PHS# 284619/MJG aa?.- Z1?JUG. 1 a, ?CUM&Eh_Ai?ij t , PENNSYq..' A:,! ,elan . ?6 A n Lt n 4- d &7/ 13 1. // a "HS# 284619/MJG PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. DEBRA S. MAY, Individually and in her capacity as Heir of GRAHAM H. MAY, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants t 11 E0-OFFICE C i 3 OROTHONOT'AR'Y HI? JUL 30 AM 9: 55 "OPEN YLA z NVAN COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 2012-2285-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. AN & SCHMIEG, LLP By: J Date: July 26, 2012 JMK/knm, Svc Dept. File# 284619 hael Kolesnik, Esq., Id. No. 308877 for Plaintiff aµ} y I I. Sid a1? Rµa [oll Phelan Hallinan, LLP Fit Jonathan Lobb.. Esq., Id. No. l7t! 1617 JFK Boulevard, Suite ATTORNEY FOR PLAINTIFF 0 L, A i Dj C U One Penn Center Plaza ENNr Y L''A Philadelphia, PA 19103 Jonathan.Lobb@phelanhal linan.coin 215-563-7000 WELLS FARGO BANK, N.A. Court Of Common Pleas •Plaintiff V. Civil Division DEBRA S. MAY, INDIVIDUALLY AND IN HER CUMBERLAND County CAPACITY OF HEIR OF GRAHAM H. MAY, No.: 2012-2285-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 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: I• Plaintiff commenced this foreclosure action by filing a Complaint on April 11, 2012. 2. Judgment was entered on November 19, 2012 in the amount of$90,866.931. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 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 284619 which can be calculated from the complaint, i,e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment, 4. The Property is listed for Sheriffs Sale on June 5,2013. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $89,269.58 Interest Through Aprils, 2013 $7,467.03 Late Charges $71.73 Legal fees $1.875.00 Cost of Suit and Title Property Inspections $2,331.50 $260.00 Escrow to be paid prior to June 5, 2013 $1,84192 Escrow Deficit $2,903.54 TOTAL $106,020.30 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 21, 2013and 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 208.349) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 284619 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert Jr. entered an order for Service Pursuant to Special Order of court dated July 13 2012 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: — By: J Lobb, quire NEY FOR PLAINTIFF 284619 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard. Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff V. Civil Division DEBRA S. MAY, INIJIVIDUALLY AND IN HER CUMBERLAND County CAPACITY OF HEIR OF GRAHAM H. MAY, DECEASED No.: 2012-2285-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I• BACKGROUND OF CASE DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H. MAY, DECEASED 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 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003. 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 284619 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFFS 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. 20P.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 ajudgment in mortgage foreclosure is strictly in rem, it is critical that the 284619 judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums,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 A2d 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. 111. 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 (19931). Signal Consumer 284619 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 maybe 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, 284619 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 2')7.1 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 Shop-ping 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. 284619 V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property. as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P3129.1 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. 284619 V111. 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 284619 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs 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. Phelan Hallinan, LLP DATE: 3 By: JJathan Lobb,Esquire y for Plaintiff 284619 Exhibit "A" 284619 PHELAN HALLINAN&SCHMIEG,LLP Attorney for Plaintiff Zachary Jones,Esq., Id.No.310721 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Vs. COURT OF COMMON P11 'OAS C:- DEBRA S.MAY,Individually and in her CIVIL DIVISION capacity as Heir of GRAHAM H.MAY, Deceased No.2012-2285-CIVIL UNKNOWN HEM,SUCCESSORS, C:)-n :P C-) �; =F) ASSIGNS,AND ALL PERSONS,FIRMS, =C) C>rr OR ASSOCIATIONS CLAIMING C-- RIGHT,TITLE OR INTEREST FROM Cn OR UNDER GRAHAM H.MAY, DECEASED PRAECIPE FOR IN REM JUDGMENT FOR TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEBRA S.MAY,Individually and in her capacity as Heir of GRAHAM EL MAY,Deceased and UNKNOWN HEIRS.SUCCEMORS, ANEGNS,AND ALL PERSONS.FUM,OR ASSOCIATIONS CLA94NG RIGHT,Inix OR WUMT FROM OR UNDER GRAHAM H.MAY,DECEASED Defendants 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 $90,866.93 TOTAL $90,866.93 1 hereby certify that(1)the Defendants'last known addresses are 306 CHARLES ROAD, MECHANICSBURG,PA 17050-3003 and 208 SENATE AVENUE,APARTMENT 501,CAW HILL, PA 1.70 I.,l,-and-(2),thatnotice has been j`ven in accordance with Rulc.Pa.&C.P 237A. Date quire DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROTHONOTARY 284619 Exhibit "B" 284619 PHELAN H ALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania and New Jersey March 21, 2013 DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H. ASSIGNS,AND HEIRS,ALL ERSONSOFIRMS, OR MAY,DECEASED ASSOCIATIONS CLAIMING RIGHT, TITLE 208 SENATE AVENUE OR INTEREST FROM OR UNDER GRAHAM APARTMENT 501 H. MAY,DECEASED CAMP HILL,PA 17011 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 RE. WELLS FARGO BANK,N.A. v. DEBRA S. MAY,INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H. MAY, DECEASED and UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY, DECEASED Premises Address: 306 CHARLES ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP,No. 2012-2285-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. PIease respond to me within 5 days, by 3/27/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, .1 an�Lob Esq., Id, No.312174 Attorney for Plaintiff Enclosure 284619 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza I , _ Philadelphia,PA 19103 _ KVM Line ! Article Number Name of Addressee,Street,and Post Office Address — Postaue DEBRA S.MAY,INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H.MAY, $0.46 y DECEASED , I 208 SENATE AVENUE p APARTMENT 501 CAMP HILL,PA 12011 x 2 "**r DEBRA S.MAY,INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H.MAY, $0.46 : # � DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIAI'IONS ` CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM II. MAY, DECEASED «*, 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 RE DEBRA S. MAY,INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM It. MAY $0.92 DECEASED(CIJMBERL.AND) PHS#28461911200 Page 1 of 1 Total Numher of 7 Total Number of Pieces Postmaster,Per(Name of 1: The full declaration of value is iuTu.r4•d on i l domestic and interuan inn:ragi4rt.ad mail The maxin- Pieces Listed by Sender Received at Post Office Receiving Employee) 1 for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insut '¢ piece 5ubject to a limit of S500,000 per occurrence 'The maximum indemnity payable on Express Mau meroianuiso The maximum indemnity payable is S25,000 for regslered mail,sent with optional insurance See Domestic Mail Manual ? R900 5913 and 5921 for limitations of stt ru c _„ Form 3877 Facsimile 284619 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhalIinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff V. Civil Division DEBRA S. MAY, INDIVIDUALLY AND IN HER CUMBERLAND County CAPACITY OF HEIR OF GRAHAM H. MAY, No.: 2012-2285-CIVIL DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS. OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED 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. UNKNOWN HEIRS, SUCCESSORS, DEBRA S. MAY, INDIVIDUALLY AND IN ASSIGNS, AND ALL PERSONS, FIRMS, OR HER CAPACITY OF HEIR OF GRAHAM H. ASSOCIATIONS CLAIMING RIGHT, TITLE MAY, DECEASED OR INTEREST FROM OR UNDER 208 SENATE AVENUE GRAHAM H. MAY, DECEASED APARTMENT 501 DEBRA S. MAY, INDIVIDUALLY AND IN CAMP HILL, PA 17011 HER CAPACITY OF HEIR OF GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 Phelan Hallman, LLP DATE: By: 'xl athan Lb. Esquire -'ATTORNEY FOR PLAINTIFF 284619 ' AFFIDAVIT OF SERVICE 0MMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#284619 DEFENDANT SCE TEAM/hih - DEBRA S.MAY,Individually and in her capacity as Heir of COURT NO.:2012.2285-CIVIL 'M GRAHAM H.MAY,Deceased. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, – = ':TILE OR INTERESTVROM OR UNDER GRAHAM H.MAY, c.. DECEASED SERVE DEBRA S.MAY,Individually and in her capacity as Heir of TYPE OF ACTION GRAHAM H.MAY,Deceased AT: XX Notice of Sheriff's Sale 208 SENATE AVENUE SALE DATE: June 5,2013 - APARTMENT 501 CAMP HILL,PA 17011 SERVED Served and made known to DEBRA S. MAY. Individually and in her cavacity 41 Heir of GRAHAM H. MAY, Defendant on the y of ZD at o'clock A.M.,at c i in the manner described below Defendant personally served. _,,,Adult family member with whom Defendant(s)reside(s). Relationship is Adult in cage of Defendant's residence who refused to give name or relationship. —Manager/Cleric 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. r Other: Description: Age 09'r` Height . Weight I��,5 12ace�sex F Other I, - ,a competent adult,hereby verify that I personally handed a true and correct ropy of the Notice of Sheer Sate 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 unworn falsification to authorities. ' DATE: ( NAME: PRINTED NAME: U~ ye!e"t, TITLE: 2F NOT SERVED On the dayy of 200,at o'clock_M.,I, a competent adult hereby state thatMendant NUr FOUND because: _Vacant — Not Exist Moved _Does Not Reside(Not Vacant) —No Answer an at�I at _service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: PRII''=NAME: ATT'ORNE'Y FOR PLAINTIFF Phelan Hallinan,LLP 16I7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY OF HEIR rW t s OF GRAHAM H. MAY, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ; w <=- ASSIGNS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER wBS GRAHAM H. MAY, DECEASED Q ' DEFENDANTS NO.44.q242 CIVIL ORDER OF COURT AND NOW, this 3rd day of April, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 24, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, �� uA, M. L. Ebert, Jr., J. v' Jones, Esquire Attorney for Plaintiff Debra S. May, etc. Defendants bask`e_5 ��c, ��/� /3��3 WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY OF HEIR : OF GRAHAM H. MAY, DECEASED, : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, ` FIRMS, OR ASSOCIATIONSr CLAIMING RIGHT, TITLE OR v INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED - 3 ' DEFENDANTS : NO 12-2285 CIVIL AMENDED ORDER OF COURT `- - c 4:- AND NOW, this 4th day of April, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 24, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 7 A M. L. Ebert, Jr., J. VVZachary Jones, Esquire Attorney for Plaintiff V 7 Debra S. May, etc. Defendants bas /((; 4////) Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County' DEBRA S. MAY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, No.: 2012-2285-CIVIL AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED -.. Defendants CZ o C) •- �rri CERTIFICATION OF SERVICE --r I hereby certify that a true and correct copy of the Court's April 4, 2013 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. UNKNOWN HEIRS, SUCCESSORS, DEBRA S. MAY ASSIGNS, AND ALL PERSONS, FIRMS, OR 208 SENATE AVENUE ASSOCIATIONS CLAIMING RIGHT, TITLE APARTMENT 501 OR INTEREST FROM OR UNDER CAMP HILL, PA 17011 GRAHAM H. MAY, DECEASED DEBRA S. MAY 306 CHARLES ROAD MECHANICSBURG, PA 17050-3003 Phela a in , LLP DATE: �� l� By: Jon an A Etkowicz, Esq., Id.No.208786 A orney for Plaintiff 284619 • • FILED-JEFICE Phelan Hallinan, LLP _? ;HE PROTHONOTA '" Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2013 APR 30 AM 10: 15 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division • vs. • CUMBERLAND County DEBRA S. MAY, INDIVIDUALLY AND IN HER : CAPACITY AS HEIR OF GRAHAM H. MAY, : No.: 2012-2285-CIVIL • DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants 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 April 1, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 21, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about April 4, 2013 directing the Defendants to show cause by April 24, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 284619 4. The Rule to Show Cause was timely served upon all parties on April 11, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 24, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: Y1291/3 By: / i Jo an Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 284619 Exhibit "A" 284619 PHELAN H:ALLINAN, 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 and New Jersey March 21, 2013 DEBRA S. MAY, INDIVIDUALLY AND IN UNKNOWN HEIRS, SUCCESSORS, HER CAPACITY OF HEIR OF GRAHAM H. ASSIGNS, AND ALL PERSONS,FIRMS, OR MAY,DECEASED ASSOCIATIONS CLAIMING RIGHT,TITLE 208 SENATE AVENUE OR INTEREST FROM OR UNDER GRAHAM APARTMENT 501 H. MAY,DECEASED CAMP HILL, PA 17011 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 RE: WELLS FARGO BANK,N.A. v.DEBRA S. MAY,INDIVIDUALLY AND IN HER CAPACITY OF HEIR OF GRAHAM H. MAY,DECEASED and UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY, DECEASED Premises Address: 306 CHARLES ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 2012-2285-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 3/27/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Jon an Lobb,Esq., Id. No.312174 Attorney for Plaintiff Enclosure 284619 . _. - ----------- . • C, r, ,, l•, ,....Riv i.6 000 ■C 91. CO :4.,..4r:,- ,t• oei 00POO $ co c\1 A,/,..i.s0,-4--'// . ,?'t g 'LI 8' ., ,...... i. E . — E ±7 ''' o 2 . 13 2 . V o) . 2 'E. ef a. eft Ell En .! 2 7.,To 73-g 5 75 =8 R (,) 0 r.4 1 u2 2 Ti L44 V, • P twoly 44 UL) • I".' VD w o W 4. g 0 0 - - w W (4 g 0 -. = Z u c.., 0 ,- — E2 = g°-• U — 1,-, ,,,4 t:t 0* .... ......__._ ,...... c.) (...) ..„1 U a. a. 0 cp ..., a ,.., w " 0 u g 0 u 4 4 > cu g ..ec 13 w g = z z - .. ..., , n . = 00 -v4 4 4 - v) w ....4 --( Un 43 ..., -•■• tu„._, a.) = Cf) e 2 z 4 ag a. g.5 En ,...,.., c:, = to 1.•••■ 64 ,,,,.. t; .1- cu r.) 4-, ...4 C.) E.-■ .< """ ..4 .. p4 ,... ”"' h..1 -) 01 F-. > ,.., w) 7-■ if+ a., >4 w 0: c...) , co •-• 4a' '3" 1:11'. 1:::i w. 4 4X = 4 (..) ,_1Q .ccgrA 4-.8 c.) — • w E— W =11 • W 4 g ';' C4 W4 'ci t .-iel j..-.: A ..... $. an . I . 8 . 4] : - . e.t N E -'ej CID IVI ct IV i-, . ""' e•I :2 8 ._ 4 d 0 ,...4 • Exhibit "B" 284619 WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. MAY, INDIVIDUALLY °' AND IN HER CAPACITY OF HEIR - + OF GRAHAM H. MAY, DECEASED, .d ,ry.")' UNKNOWN HEIRS, SUCCESSORS, r" ASSIGNS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS µ. _ CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED DEFENDANTS NO. 12-2285 CIVIL AMENDED ORDER OF COURT AND NOW, this 4th day of April, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 24, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Zachary Jones, Esquire Attorney for Plaintiff Debra S. May, etc Defendants bas • Exhibit " " C 284619 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff . . Civil Division vs. , . CUMBERLAND County DEBRA S. MAY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, No.: 2012-2285-CIVIL AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants CERTIFICATION OF SERVICE, I hereby certify that a true and correct copy of the Court's April 4,2013 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. UNKNOWN HEIRS, SUCCESSORS, DEBRA S. MAY ASSIGNS,AND ALL PERSONS, FIRMS, OR 208 SENATE AVENUE ASSOCIATIONS CLAIMING RIGHT, TITLE APARTMENT 501 OR INTEREST FROM OR UNDER CAMP HILL,PA 17011 GRAHAM H. MAY, DECEASED DEBRA S. MAY 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 Phela -a'inn , Ll.,P -.0„, — DATE; v ..� By: . . Jon'' an .Etkowicz,Esq., Id.No.208786 A rney for Plaintiff 284619 • • Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County DEBRA S. MAY, INDIVIDUALLY AND IN HER : CAPACITY AS HEIR OF GRAHAM H. MAY, : No.: 2012-2285-CIVIL • DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. UNKNOWN HEIRS, SUCCESSORS, DEBRA S. MAY, INDIVIDUALLY AND IN ASSIGNS, AND ALL PERSONS, FIRMS, OR HER CAPACITY AS HEIR OF GRAHAM H. ASSOCIATIONS CLAIMING RIGHT, TITLE MAY, DECEASED OR INTEREST FROM OR UNDER 208 SENATE AVENUE GRAHAM H. MAY, DECEASED APARTMENT 501 DEBRA S. MAY, INDIVIDUALLY AND IN CAMP HILL, PA 17011 HER CAPACITY AS HEIR OF GRAHAM H. MAY, DECEASED 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 Phelan Hallinan, LLP DATE: it hq /.3 By: 20'1-Jorbb, Esq., Id. No.312174 Attorney for Plaintiff 284619 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H. MAY, No.: 2012-2285-CIVIL DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, c-, ,., c AND ALL PERSONS, FIRMS, OR ..I ASSOCIATIONS CLAIMING RIGHT, TITLE OR rn- INTEREST FROM OR UNDER GRAHAM H. -� `a MAY, DECEASED -<D N a° Defendants �-) = F5 sv C) ORDER ' AND NOW,this 2 day of M*.1 , 2013,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 captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $89,269.58 Interest Through April 5, 2013 $7,467.03 Late Charges $71.73 Legal fees $1,875.00 Cost of Suit and Title $2,331.50 Property Inspections $260.00 Escrow to be paid $1,841.92 284619 Escrow Deficit $2,903.54 TOTAL $106,020.30 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 13 D 284619 f � r C� w -TJ PHELAN HALLINAN,LLP Attorney for Plaintiff s -- ocf Allison F.Zuckerman,Esq.,id.No.309519 1617 JFK Boulevard,Suite 1400 x0 C)-n One Penn Center Plaza �o M Philadelphia,PA 19103 C_ 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 DEBRA S.MAY,INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H.MAY, No.: 2012-2285-CIVIL DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED 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". His erman, sq.,Id.No.309519 orney for Plain Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#284619 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.:2012-2285-CIVIL DEBRA S.MAY,INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H.MAY, DECEASED CUMBERLAND COUNTY UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 306 CHARLES ROAD, MECHANICSBURG,PA 17050-3003. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DEBRA S.MAY INDIVIDUALLY AND IN 208 SENATE AVENUE,APARTMENT 501 HER CAPACITY AS HEIR OF GRAHAM H. CAMP HELL,PA 17011 MAY,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 306 CHARLES ROAD AND ALL PERSONS,FIRMS,OR MECHANICSBURG,PA 17050-3003 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DEBRA S.MAY INDIVIDUALLY AND IN 208 SENATE AVENUE,APARTMENT 501 HER CAPACITY AS HEIR OF GRAHAM H. CAMP HILL,PA 17011 MAY,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 306 CHARLES ROAD AND ALL PERSONS,FIRMS,OR MECHANICSBURG,PA 17050-3003 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED 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 PHS#284619 reasonably ascertained,please indicate) E*TRADE BANK C/O E.LANCE AND PNC NTC 2100 ALT.19 NORTH BANK,NA PALM HARBOR,FL 34683 E*TRADE BANK C/O PNC CUSTOMER 2730 Liberty Avenue SERVICES Mailstop P5-PCLC-01-I PITTSBURGH,PA 15222 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPRING HILL ROAD MECHANICSBURG,PA 17055 HAMPDEN TOWNSHIP C/O KEITH O. 44 W.MAIN STREET BRENNEMAN,ESQUIRE,SNELBAKER& MECHANICSBURG,PA 17055 BRENNEMAN PC 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 306 CHARLES ROAD MECHANICSBURG,PA 17050-3003 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING TONY G.MAY,IN HIS CAPACITY AS HEIR 67 DORY LN OF GRAHAM H.MAY,DECEASED CLAYTON,NC 27520-4452 PHS#284619 PHILI,IP GRAHAM MAY,IN HIS CAPACITY 5210 BRANTLEY RD AS HEIR OF GRAHAM H.MAY,DECEASED ZEBULON,NC 27597-6404 GORDON MAY,IN HIS CAPACITY AS HEIR 106 BROOK MEADOW DR OF GRAHAM H.MAY,DECEASED MECHANICSBURG,PA 17050-3135 DEBRA S.MAY,INDIVIDUALLY AND IN 208 SENATE AVENUE HER CAPACITY AS HEIR OF GRAHAM H. APARTMENT 501 MAY,DECEASED CAMP HILL,PA 17011 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: y; 1 helan H man,LLP Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff PHS #284619 name and Phelan l4allinari,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZ)USFF-06/05)'2013 SALE (4 Line Ankle NUMbICT Name of Addressee StMd,and Post 0(ficc Address Postage 00 to&A* HAMPDEN TOWNSHIP C/O KEITH O.BRENNEMAN,ESQUIRE,SNELBAKER 4,BRENNEMAN PC 50.46 4/t 44 W.MAIN STREVY MECHANICSBURG ?A J70S5 --2—, '"TOWNSHIP OF HA&iP iR 230 St)i1Tli SPRING HILL ROAD C40 MECHANICS81.111,C,PA 17055 7777t777 RE:DEBRA S.MAX(cum DrRLANp) PIJS0284619110U Pa I of I d5 Da 50.92 t TWINUmba of Picom TWO all 3;;;iV—kVd vamtsourievn0odrail7rk MTX ,O,j Pic=Used by smtr Kcoe w m r"00= rx the fc omw wtm of w nftd able 4mm ou s w0a go E qwm Ma dM umm(vomsmtiou 11L . piece .a li-I of ssoopo W pwsw* sC 7)w mu imm in&wity Poabe is$2100foesiumd mal,smi wfil op6xW Fonn 3877 Facsimile MIS#284619 Nameand Phelan Hallinan.LLP A Address 1617 JFK Dvalevard,Suite 1400 Of Sender One Penn Center Plaza PhiladtlDhia.PA 19103 AZK)H LW-06/4511013 SALE Article Number :tame of Addn!!!LeStre.et,and Post Offict Address Postage TENANTiOCCUPANT S0,44 306 CHARLES ROAD MECHATICSBURG,PA IIOSO-3003 2 COMMONWEALTH OF PENNSYLVANIA BUREAU Of INDIVIDUAL 50A4 TAXES INHERITANCE TAX DIVISION 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 HARRISBURG PA17128 —3 bRPATM—]Er4F6'F PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM 3O.44 P.O.BOX 8486 WILLOW OAK BUILDINC HARRISSURC,PA 17105 4 E*TRADE BANK C/O L LANCE AND PNC BALK NA $0.44 NTC2100 ALT.19 NORTH PALM HAROM FL 346W 5 E*TRADE BANK C/O PNC CUSTOMER SERVICES • SO.44 1730 LIBERTY AVENUE,MAILSTOP PS-I'CLC-01-1 PITTSBURGH,PA 15222 6 DOMPSMC RELATIONS OF SO." CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE PA 17013 7 COMMONWEALTH OF PENNSYLVANIA 30.44 DEPARTMENT Of WELFARF P.O.BOX 2675 HARRISBURG.PA 27.105 $ 1111 INTERNALREVENUF SERVICE ADVISORY t SO." 1000 fARERTY AVENUE ROOM 704 P n-MBURCH,PA 15222 9 U.S.DEPARTMENT OF JUSTICE $0.44 U.S.ATTORNEY FOR THE MIDDLE DisnucT OF PA4 FEDERAL BUILDING 223 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG,PA 1110&1754 VAWDPWiPHS#f4846M P"atista try Snaky 1tc&tdxtP*v0(rmc d*c1mm1yw0w*vd4*c kanto"is$50.00 ra m m4mumy paykwu 523,904foc rnpasaW Wait,sat%kh#pt4w ingrAw, R900S913.W=1 for Wwiasacfo . Form 3877 Facsimile Name and Phalan Iiallinan,LLP ° Address 1617 JFX Boulevard,Suite 1400 Of Sender One Penn Center Plaza Phiiadel hia,PA 19103 AZK/NI,W.0618512013SAIR Line Article Number Name of Addressee Strteb and Post Office Address Posta t I «•* 1UUP G.RATIAM MAY,1fE1R OF GRAHAM fi.MAY,DECEASED 056 MASSEY ROAD $0.44 ESULONI NC 27547-6435 2 •"`« ONY G.MAY,HEIR FGRAHAh7 H.MAY,DECEASED $8' o 7' °"n�,.` i"� DORY LANE t a�� L.AYTON NC 27520+€452 3 ««'« ORDON MAY.,,HEIR � w F GRAHAM H.MAY,DECEASED '44 06 BROOK MEADOW DRIVE �&c '�i " EC1iANiCSBURG PA 17050-3135 llt^ ii y $RETDEBttA AMAYt CUMBE AND PR'S`Iffrilt"191 g $5.28 a_ y toWNmakerof ToWNumixtoiPisas Pftaq f Uixd by SnOd Patmaa.Pa4%Nx=of i7vk ton i5what"st'Waari#A an a!� a iNGI Cd r,J..�,n eeanattntaofanposwe ernw-ft Up—MdoUmewmm sw"on smq a< .i �n pfrunubjccrioa ti karS500000paounrraa-Sk muiasna itdtmiry NYabtn on l±xproa t+7enmc;chtndix ix 5300. 'nx na:imua irdc+anitYL+7dbet�33f,o0?11K rerigerri owl.cm wig vim.af iadtrnmx.Sct,'ka.wk Nail#AUGA RODD$913 ud 5911 far lia{tataof ofan FOl'Rt 3i377 FAL"CIIr11ll@ 1LED-0 FF—ICE PHELAN HALLINAN, LLP Attorney for Plaintiff 2013 J `; '4 A N 10: 2 3 1617 JFK Boulevard, Suite 1400U, E3Rl.APdD COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. CIVIL DIVISION DEBRA S. MAY, INDIVIDUALLY AND IN NO. 2012-2285-CIVIL HER CAPACITY AS HEIR OF GRAHAM H. MAY, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular to UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY,DECEASED on FEBRUARY 12, 2013 in accordance with the Order of Court dated JULY 13, 2012. The property was posted on JANUARY 20, 2013. Publication was advertised in THE CUMBERLAND LAW JOURNAL on FEBRUARY 22, 2013& in SENTINEL on FEBRUARY 15, 2013. n The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: � 3 By: Jonat Lobb, sq., Id. No.312174 Atto ey for Plaintiff Cam „ :n=j C� rnuD C j-n . r _VM T W"7= W CJ rJ =c-.) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION vs. NO.2012-2285-CIVIL DEBRA S.MAY,Individually and in her capacity as Heir of GRAHAM H. MAY,Deceased CUMBERLAND' - ' # eta Cm ET AL. ORDER AND NOW,this 1:3 _1k day of � 2012, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY,DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by mailing a true and correct copy of the Complaint by Regular mail; and by posting the mortgaged premises at 306 CHARLES ROAD, MECHANICSBURG, PA 17050- 3003 by the Sheriff or by a nonparty competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. PHS#284619/MJG Amey F__Cox BY THE COURT: PHS#284619/MJG Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 of Sender Philadelphia,PA 19103 Line Article Name of Addressee,Street,and Post Office Address To Fee Number 1 **** NKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS LAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED N a M 06 CHARLES ROAD CO ° CHANICSBURG,PA 17050-3003 �u r 2 #### z 1 O {1 O w � f1i 40 3 #### w I � i 4 5 Y f 6 ##*# 7 1 ' 8 #### �. 10 11 #### 12 :, GRAHAM H.MAY,DECEASED PHS#284619 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LX11 NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 . q AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANKN.A. PHS#284619 DEFENDANT SERVICE TEAM/lxh DEBRA S.MAY,Individually and in her capacity as Heir of COURT NO.:2012-2285-CIVIL GRAHAM H.MAY,Deceased UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H:MAY, DECEASED SERVE UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL TYPE OF ACTION PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriffs Sale TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY, SALE DATE: June 5,2013 DECEASED AT: 306 CHARLES ROAD MECHANICSBURG,PA 17050=3003 **Please post property with Notice of Sale in accordance with Court Order** SERVED Served and made known to UNKNOWN HEIRS SUCCESSORS ASSIGNS AND ALL PERSONS, FIRMS. ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY DECEASED,Defendant on the q4 jday of 0�&at - - ,o'clock Qr Q.M.,at-3& CRA -ES P—p ,in the manner described below: . efendant p sonally 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 Defendants)reside(s). ^Agent or person in charge of Defendant's office or usual place of business. an officer of. •d Defendant's company. Other: Description: Age Height Weight Race Sex Other L. ,iVYA ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of herifPs 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 NAME: ►"K/ / PRINTED NAME: TITLE: `0tkC-95� S� NOT SERVED On the dayy of 20 at o'clock_.M.,I, a competent adult hereby state that�efendant NOTFOII�QD b cause: _ 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 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 February 22, 2013 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. Lisa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 22 day of February, 2013 c Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE June 5, 2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, In the Court of Common Pleas of 1 Courthouse Square, Carlisle, PA Cumberland County,Pennsylvania 17013, to enforce the Court Judg- ment of $90,866.93 obtained by, NO. 2012-2285-CIVIL WELLS FARGO BANK, N.A. (the mortgagee),against the above prem- WELLS FARGO BANK,N.A. ises. VS. PHELAN HALLINAN,LLP DEBRA S. MAY,INDIVIDUALLY Attorneys for Plaintiff AND IN HER CAPACITY AS Feb. 22 HEIR OF GRAHAM H. MAY, DECEASED and UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DE- CEASED Being Premises: 306 CHARLES ROAD, MECHANICSBURG, PA 17050-3003. Being in the TOWNSHIP OF HAMPDEN, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 10-21-0281-052. Improvements consist of residen- tial property. Sold as the property of DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H. MAY, DECEASED and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER GRAHAM H. MAY,DECEASE. Your house (real estate) at 306 CHARLES ROAD, MECHANICS- BURG,PA 17050-3003 is scheduled to be sold at the Sheriff's Sale on 5 _ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 15,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALEM Affiant further deposes that he/she is not IN THE COURT OF COMMON PLEAS OF C MBERLAND COUNTY,PENNSYLVANIA } interested in the subject matter of the NO.2012-2285-CIVIL aforesaid notice or advertisement, and that WELLS FARGO BANK,N.A. Vs. all allegations in the foregoing statement as S.MAY,INDIVIDUALLY GRAHAM H.MAY,DECEASED and UNKNOWN HEIRS,SUCCESSORS, to time,place and character of publication ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING are true. RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY, DECEASED NOTICE TO: UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR ! INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises:306 CHARLES ROAD,MECHANICSBURG,PA 17050-3003 Being in the TOWNSHIP OF HAMPDEN,County of CUMBERLAND, r Commonwealth of Pennsylvania,10-21-0281-052 Improvements consist of residential property. S4V0 n to and Subs rib d before me th1S Sold as the property of DEBRA S.MAY,INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H.MAY,DECEASED and UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,'FIRMS,OR I ( � ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GRAHAM H.MAY,DECEASE Sim Your house(real estate)at 306 CHARLES ROAD,MECHANICSBURG,PA 17050-3003 0:0 0 M,a is scheduled to be sold at the Sheriffs Sale on Courthouse at 6 �� 10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse ^ , Square,Carlisle,PA 17013,to enforce the Court Judgment of$90,866.93 v obtained by,WELLS FARGO BANK,N.A.(the mortgagee),against the above premises. PHELAN HALLINAN,LLP Notary Public Attorney for Plaintiff f My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH,CUMBERLAND CNTY my Commission Expires Jan 27,2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F , �yr�tti�x, dt c iti>�1�rrr,i #.L i�t% 1 CIU Jody S Smith „� ^ Chief Deputy �3 13 N V Is r vn Richard W Stewart ' Bi~ LH�r CUB k Solicitor OFF CE OF THE SHERIFF {-EBBS YLVAN J�� t Wells Fargo Bank, N.A. vs. Case Number Debra S. May Ind and in her Capacity as Heir of Graham H. May Dec. (et al.) 2012-2285 SHERIFF'S RETURN OF SERVICE 04/03/2013 Shawn Harrison, Deputy, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 306 Charles Road, Mechanicsburg, Cumberland County. 04/03/2013 01:49 PM -Deputy Shawn Harrison, being duly sworn according to law, attempted service to the Defendant, to wit: Unknown Heirs Successors Assigns and All Persons Firms or at 306 Charles Road, Hampden Township, Mechanicsburg, PA 17050. The address was found to be vacant. 04/03/2013 07:21 PM - Deputy Jason Kinsler, 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: Debra S. May Ind and in her Capacity as Heir of Graham H. May Dec. at 208 Senate Avenue,Apartment 501, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 04/11/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Unknown Heirs Successors Assigns and All Persons Firms or, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, Associations Claiming Right Title or Interest From or Under Graham H. May, Deceased, in the above titled action, as"Not Found"at 306 Charles Road, Mechanicsburg, PA 17050, property is vacant. 06/05/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 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 August 7, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of, Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,022.87 SO ANSWERS, October 03, 2013 RON R ANDERSON, SHERIFF p/ C�. C;�� �'33S✓' (c)Ccun!ySuite Sheriff,Telcesoft.Irx. ,e , On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 306 Charles Road, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordina o Lid f � CUMBERLAND LAW JOURNAL Writ No. 2012-2285 Civil WELLS FARGO BANK, N.A. vs. DEBRA S. MAY IND AND IN HER CAPACITY AS HEIR OF GRAHAM H. MAY DEC.,Unknown Heirs Successors Assigns and All Persons Firms or Associations Claiming Right Title or Interest From or Under Graham H. May,Deceased Atty.:Joseph P. Schalk By virtue of a Writ of Execu- tion NO. 2012-2285-CIVIL, WELLS FARGO BANK, N.A. vs. DEBRA S. MAY, INDIVIDUALLY AND IN HER CAPACITY AS HEIR OF GRAHAM H. MAY, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GRAHAM H. MAY, DE- CEASED owner(s)of property situate in HAMPDEN TOWNSHIP, Cumber- land County, Pennsylvania, being 306 CHARLES ROAD,MECHANICS- BURG,PA 17050-3003. Parcel No. 10-21-0281-052. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $90,866- .93. 51 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: April 12, April 19 and April 26, 2013 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. Cy VCO a Marie oyne, Edit r SWO AN D SUBSCRIBED before me this 6 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS weary Public CARLISLE BOROUGH,CUM;ERLAND COUNTY %ly Cnmmissicn Expirn Apr 28,2014 `� The Patriot-News Co. 2020 Technology Pkwy 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 Marianne Miller, 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. UBLICATION COPY This ad ran on the date(s)shown below: 2012-2285 chill 04/16113 WELLS FARGO BANK,N.A. , 04/23/13 vs. DEBRA S.MAY IND AND IN HER 04/30/13 r� CAPACITY AS HEIR OF GRAHAM H.MAY DEC. unknown Heirs Successors • • • • • • •� . . • . • • • . • • . • . • • • Assigns and All Persons Firms or Associations Claiming Right a� Title or Interest From or Under Sworn to and subscribed before me this 13 day of May, 2013 A.D. T Graham H.May,Deceased r Atty: Joseph P.Schalk By virtue of a Writ of Execution N0. zolz-2zss-cIVII otary Public WELLS FARGO BANK,N.A. VS. e— DEBRA S. MAY, INDIVIDUALLY Cj AND IN HER CAPACITY AS HEIR OF GRAHAM H. MAY, DECEASED UNKNOWN HEIRS, SUCCESSORS, COMMONWEALTH C PENNSYLVANIA ASSIGNS,AND ALL PERSONS,FIRMS, Notarial Seal OR ASSOCIATIONS CLAIMING Holly Lynn Warfel,Notary Public RIGHT. TITLE OR IN'T'EREST FROM Holly Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANL4 ASI;OCIA;7ON Cs 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 7th day of August A.D., 2013, under and by virtue of a writ Execution issued on the 17th day of January, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2285, at the suit of Wells Fargo Bank,N.A. against Debra S. May individually and as Heir of Graham H. May(Deceased) is duly recorded as Instrument Number 201336803. IN TESTIMONY WHEREOF, I have re unto set my hand and seal of said office this day of A.D. k& 64 Reco�deroljDeeds�{ mberiand Cadtsie,PA Cortuniss Exthe RM nday of an.2014