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Home My WebLink About12-2680' 4 I?} fj ;4'l S$x? ?? fr «ELk$D COL!Ia PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP 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. RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG, PA 17050-8247 Defendant 266887 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM G??a NO. J'a a V CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File # 266887 s Qwk{ al g3c?2v al r°i?ff 11 # al?ry?$ 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. YOi1 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 #: 266887 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG, PA 17050-8247 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/12/2007 RICHARD E. FOSTER, JR made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735886. By Assignment of Mortgage recorded 09/14/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200735887. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 266887 6. The following amounts are due on the mortgage as of 02/21/2012: Principal Balance $126,796.20 Interest $11,880.65 10/01/2010 through 02/21/2012 Late Charges $297.47 Property Inspections $100.00 Escrow Deficit $1,841.06 Suspense Balance ($8.17) TOTAL $140,907.21 7. Plaintiff is not seeking a judgment of personal liability (or an in ep rsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $140,907.21, 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. AN & SCHMIEG, LLP By: #4&wt w. Cusick, Esquire !d•9 14 0. Attorney for Plaintiff File #: 266887 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 88, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase II of Waterford Square, prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the northwestern right-of-way line of Lismore Place as the common front property corner of Lot No. 88 and Lot No. 89 as shown on the above referenced Plan of Lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 50.00 feet and an arc length of 13.72 feet to a point at the dividing line between Lot No. 87 and Lot No. 88; thence along said dividing line, South 74 degrees 56 minutes 38 seconds West, a distance of 40.52 feet to a point; thence continuing along said dividing line, North 88 degrees 39 minutes 29 seconds West, a distance of 146.90 feet to a point on the dividing line between Lot No. 88 and lands now or formerly of James E. Nogelsang and Janet S. Nogelsang; thence along said dividing line, North 23 degrees 36 minutes 43 seconds West, a distance of 10.47 feet to a point; thence North 60 degrees 23 minutes 17 seconds East, a distance of 118.87 feet to a point at the dividing line between. Lot No. 88 and Lot No. 89; thence along said dividing line, South 47 degrees 04 minutes 11 seconds East, a distance of 72.81 feet to a point; thence continuing along said dividing line, South 70 degrees 50 minutes 55 seconds East, a distance of 42.90 feet to a point, said point being the place of BEGINNING. CONTAINING 6,623 square feet or 0.15 acre, more or less. File #: 266887 HAVING thereon erected a two-story townhouse known and numbered as 34 Lismore Place, Mechanicsburg, Pennsylvania. PROPERTY ADDRESS: 34 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 PARCEL # 38-18-1342-159 File #: 266887 VERIFICATION Linda Duncan, hereby states that h sh is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that he/ he 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 his he information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: -?A?W _ , Name: Foster, Jr. File 4: 266887 Name: Linda Duncan Title: Vice President Loan Documentation 032-PA-V3 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff(s) vs. RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG, PA 17050-8247 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLANDe,E30L.JN,T ? Y, _'a PENNSTLVA4IA ? ' (Y) ?a- a ? "tiivil 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. Date Re ectfully sub 'tted: Signature of Counsel for Plaintiff Robert W. Cusick, Esquire Id., No. 80193 s 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: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: State: Zip: Yes ? No ? Listing date: Price: $_ Realtor Phone:_ Yes ? No ? Home: Cell: State: Zip: Office: Other: How long? Home: Cell: Office: Other: State: Zip: How long? Date you Closed Your Loan: Type of Included Taxes & Insurance: Type Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No F-1 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 #l: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Year: Year: 2. 3. Additional Income Description (not wages): 1. 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 Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. 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): 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): Servicing Company (Name): Contact: Phone: Phone: UWe, , 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. UWe understand that Uwe 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 Sherrff Jody S Smith, of ?up,rf,?,? Chief Deputy ti Richard W Stewart Solicitor €rFPCE OF --e $I-ERIFP FILED-OFFICL THE !PROTHONOTARV? ' 2012 MAY 22 AM 9, 10 CUl? NNS LVAN ANTY Wells Fargo Bank, N.A. VS. Case Number Richard E. Foster, Jr. 2012-2680 SHERIFF'S RETURN OF SERVICE 05/16/2012 04:58 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on may 16 2012 at 1658 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Richard E Foster, Jr., by making known unto himseff personally, at 34 Lismore Place, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Q6GUTS 0 C*tr,-bE PUTY SHERIFF COST: $38.00 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. rn W C_, i-n �M, �> �° c G:3 PHELAN HALLINAN, LLP 51-11 r- Joseph P. Schalk, Esq., Id. No. 91656 wt "g —D 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Tenn V. No. 2012-2680-CIVIL RICHARD E. FOSTER,JR 34 LISMORE PLACE Cumberland County MECHANICSBURG, PA 17050-8247 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 1, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due November 1, 2010, and each month thereafter. A true and correct copy of the Complaint is attached hereto,made part hereof and marked as Exhibit A. 2. On May 16, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto,made part hereof and marked as Exhibit B. 266887 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: O BY: os ph . Schalk, Esquire A rney for Plaintiff 266887 Exhibit A Supreme Court of Pennsylvania Courllaa n Pleas r., ct;, e, For Protltotrotary Use Only: gjVi C9Ve�k sheet CUIR4t- I ER D='A County Docket No: O- D The information collected on this form is used solely for court administration proposes. This form does not sypp7einenf or rye place.the,filhig and service of ticadin s or other papers as re uit-ed h r law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: RICHARD E. FOSTER,JR T I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Phelan Halligan&Schmiee. LLP ❑ Cheelc lrere.if you have no attorney (are a Self Represented [Pro Sep Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are malting more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS •Intentional ❑Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment •Motor Vehicle ❑Debt Collection: Other ❑Board of Elections •Nuisance ❑ Dept.of Transportation •Premises Liability ❑Statutory Appeal: Other ❑ Product Liability(does not S include nsass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ❑ Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES •Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑ Other: ❑ Medical ❑Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 C-j b a) C --t Dn 3 0 z , 'c-- nz o �m „< r PHELAN HALLWAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 215-563-7000 266887 WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff V. TERM ' RICHARD E.FOSTER,JR NO. 1 a -96 8d Civil � 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE wabor hY wwy t mwift �O��a ate and correct oepl oft* �llNa�AOOIr File#: 266987 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#; 266887 I. Plaintiff is WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last:known address(es) of the Defendant(s) are: RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 1 On 09/12/2007 RICHARD E. FOSTER, JR made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735886, By Assignment of Mortgage recorded 09/14/2007 the mortgage was assigned to PLAINTIFF which.Assignment is recorded in Assignment of Mortgage Instrument No. 200735887. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. File#: 266887 6. The following amounts are due on the mortgage as of 02/21/2012: Principal Balance $126,796.20 Interest $11,880.65 10/01/2010 through 02/21/201.2 Late Charges $297.47 Property Inspections $100.00 Escrow Deficit $1,841.06 Suspense Balance ($8.17) TOTAL $140,907.21 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action;however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or. Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE,Plaintiff demands an in rein judgment against the Defendant(s) in the sum of $140,907.21, 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. -ELAN— LINAN&SCHMIEG, LLP By: er W.Casiick,Esquire Id..,INO.80193 Attorney for Plaintiff File#: 266887 4 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 88, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase II of Waterford Square,prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76,.Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the northwestern right-of-way line of Lismore Place as the common front property coiner of Lot No. 88 and Lot No. 89 as shown on the above referenced Plan of Lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 50.00 feet and an arc length of 13.72 feet to a point at the dividing line between Lot No. 87 and Lot No. 88; thence along said dividing line, South 74 degrees 56 minutes 38 seconds West, a distance of 40.52 feet to a point;thence continuing along said dividing line,North 88 degrees 39 minutes 29 seconds West, a distance of 146.90 feet to a point on the dividing line between Lot No. 88 and lands now or formerly of James E. Nogelsang and Janet S.Nogelsang;thence along said dividing line,North 23 degrees 36 minutes 43 seconds West, a distance of 10.47 feet to a point; thence North 60 degrees 23 minutes 17 seconds East, a distance of 118.87 feet to a point at the dividing line between Lot No. 88 and Lot No. 89; thence along said dividing line, South 47 degrees 04 minutes 11 seconds East,a distance of 72.81 feet to a point; thence continuing along said dividing line, South 70 degrees 50 minutes 55 seconds,East, a distance of 42.90 feet to a point, said point being the place of BEGINNING. CONTAINING 6,623 square feet or 0.15 acre,more or less.: File H: 266887 HAVING thereon erected a two-story townhouse known and numbered as 34 Lismore Place, Mechanicsburg,Pennsylvania. PROPERTY ADDRESS: 34 LISMORE PLACE, MECHANICSBURG,PA 17050-8247 PARCEL#38-18-1342-159 I File!l: 266887 1 • VERIFICATION Linda Duncan, hereby states that h sh is Vice President Loan Documentation of ; WELLS FARGO BANK,N.A.,plaintiff or mortgage servicing agent for plaintiff in this matter,that he/ he is authorized to snake this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his he information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ` Name: Linda Duncan DATE,:— 1, • Title:Vice President Loan Documentation Name: Foster, Jr. File#: 266887 032-PA-V3 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA WELLS FA.RGO BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL,SC 29715 Plaintiff(s) vs. RICHARD E.FOSTER,JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 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 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. Re ectfully s,ubr itted; Date Signature of Counsel for Plaintiff Robert W.Cusick,EsgWre Id.,No.80193 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: CUSTOMER/PRITNIARY APPLICANT 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: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount: $ Included Taxes &Insurance: Date of Last Payment: , 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: Year: Amount owed: Value: Automobile#2: Model: Year:_ Amount owed: Value: Other transportation(automobiles,boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. Additional Income Description(not wages): 1. montlil.y amount: 2. and ithly 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" Mort age Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel re airs Other prop.payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuit. j 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): 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 0 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: AUTHORIZATION 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 Uwe 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) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson *I L it D-O F F I C E Sheri' ; THE PROTHoNOTAR`Y �ap�rt4 or�ur�brr/�hh ChiieefDe 2012 MAY 22 AID 9- 10 Richard W Stewart :��,�: � CUMSERLAND COUNT'S Solicitor OFFICE Of!Nr sheftiFF PENNSYLVANIA Wells Fargo Bank,N.A. Case Number Vs. 2012-2680 Richard E. Foster,Jr. SHERIFF'S RETURN OF SERVICE 05/1612012 04:56 PM Shawn Gutshail;Deputy Sheriff,who being duty sworn according to taw,states that on May 16 2012 at 1656 hours,he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage foreclosure Diversion Program,upon the within named defendant,to wit: Richard E Foster,Jr.,by making known unto himself personally, at 34 Lismore Place, Mechanicsburg,Cumberland County,Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Q&GUTS , DUTY SHERIFF COST:$38.00 SO ANSWCRS, May 18,2012 RbNW R ANDERSON, SHERIFF r I I I (c)CcuntySWte Sheriff,Teteowft,fnc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Tenn V. No. 201 2-2680-CIVIL RICHARD E. FOSTER,JR Cumberland County 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class snail to the person listed below on the date indicated: RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 Date: S Base Atto h P cha lk, Esquire ney for Plaintiff 266887 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff V. Tenn RICHARD E. FOSTER,JR No. 2012-2680-CIVIL 34 LISMORE PLACE Cumberland County MECHANICSBURG, PA 17050-8247 Defendant ORDER AND NOW, this /Z day of 17�•�•.. . Y , 2013, upon consideration of. Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED .and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: r J OP .-Iuz Z:; 4// L/G 266887 CC : Richard E. Foster, JR Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG, PA 17050-8247 266887 OF THE PRO f f Off ' \.j,. PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id.No.309519 2 3 AU z 9, 32 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza ��,LVA�I A Philadelphia,PA 19103 alison.zuckerman @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION RICHARD E. FOSTER, JR No. 12-2680-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifi es that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,;as amended. (b)' that defendant RICHARD E. FOSTER, JR is over 18 years of age and has last known addresses at 34 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 and 2250 GOLDEN EAGLE DRIVE, YORK, PA 17408-9410. I i This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date g Ph an Ha in LP llison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One'Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 i 760720 1 II 1 Department of Defense Manpower Data Center Results as of:Aug-09-201305:07:05 SCRA 3.0 a t, Status Report Pursuant to Scr•vicemembcm Civil Relief Act. Last Name: FOSTER' First Name: RICHARD Middle Name: E Active Duty Status As Of: Aug-09-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale 'q Status Service Component NA NA_ �,.� �,,; y No NA This response reflects the individuals'active duty.-tatus based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date S Status Service Component NA , NA ,'�=".�v:7 i*� •- - _NO*� q\ 'h� NA w This response reflects where�the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification ^�yyEndd Date Status Service Component NA �f N_Ag+�1'+,`.'1, p.�r.. ✓ --'e�`.�✓No(�,.�. - NA This response reflects whether the individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 FILED-OFFICE OF THE PROTHONOTARY PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203031013 AUG 16 All QW' 59 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS RICHARD E. FOSTER,JR CIVIL DIVISION No. 12-2680-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD E. FOSTER,JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $140,907.21 TOTAL $140,907.21 I hereby certify that (1) the Defendant's last known addresses are 34 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 and 2250 GOLDEN EAGLE DRIVE, YORK, PA 17408- 9410, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date an?_ , .Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff .. DAMAGES ARE HEREBY ASSESSED AS INDICATED. r t DATE: 3 r { PH#760720 PROTHONOTARY 760720 A C ail 33r/G� ��a qyN PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY ' COURT OF COMMON PLEAS VS. CIVIL DIVISION RICHARD E. FOSTER,JR No. 12-2680-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant RICHARD E. FOSTER, JR is over 18 years of age and has last known addresses at 34 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 and 2250 GOLDEN EAGLE DRIVE, YORK, PA 17408-9410. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ad- Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-,563-7000 760720 (. Department of Defense Manpower Data Center Results as of:Aug-13-2013 12:03:58 SCRA 3.0 Status Rtport Pursuant to Servicemembers Civil Relief Act Last Name: FOSTER First Name: RICHARD Middle Name: E Active Duty Status As Of: Aug-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Lett Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His[Her Unit Was Notified of a Future Celt-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 j" (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS RICHARD E.FOSTER,JR CIVIL DIVISION No. 12-2680-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on dw By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED..FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" " 760720 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. RICHARD E.FOSTER,JR NO. 12-2680-CIVIL Defendant(s) CUMBERLAND COUNTY TO: RICHARD E.FOSTER,JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPOR'T'ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFF-ICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES To ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 49-3166 By: ar Sq.,Id.No 310721 ors r (aintiff hel n I a lintzll, LLP 1617 1 Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#760720 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V, RICHARD E.FOSTER,JR NO. 12-2680-CIVIL Defendant(s) CUMBERLAND COUNTY TO: RICHARD E.FOSTER,JR 2250 GOLDEN EAGLE DRIVE YORK,PA 1740&9410 q-,13 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. I IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 -3166 By: 7acha ,onef. sq./Id.No.310721 A t t e,y for ait I/Iff — I 1�1� 11 '1'1[h) P1 IMF a I a—LLP 1617 JFK levard,Suite 1400 One Penn enter Plaza Philadelphia,PA 19103 PH#760720 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-2680-CIVIL RICHARD E.FOSTER,A Defendant(s) CUMBERLAND COUNTY To the Prothonotary: r� Issue writ of execution in the above matter: --I Amount Due $140,907.21 z::;o a .5. <:r-- C) Interest from 08/17/2013 to Date of Sale $2,547.60 r— __4 CD 7r� ($23.16 per diem) 57> cP ° TOTAL $143,454.81 P allinan,LLP �o ,;in Michael Kolessoik,Esq.,Id.No.308877' Attorney for Plaintiff Note: Please attach description of property. PH#760720 Ro PA _78.00 CSF 103. 9!5 - 16,5o It Pz A11-Y .,So LL Cit I!>54U47S �#01q 5(D 12, pE to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff V. RICHARD E.FOSTER,JR Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: RICHARD E.FOSTER,JR Phelan allinan,LLP 34 LISMORE PLACE John richael Kolesnik,Esq.,Id.No.308877 MECHANICSBURG,PA 17050-8247 Attorney for Plaintiff B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:12—bk-07030—RNO Chapter 7 In re Debtor(s) (name(s)used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Richard E Foster Jr. 2250 Golden Eagle Drive York, PA 17408 Social Security/Individual Taxpayer ID No.: xxx—xx-3912 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: ]3/ 5/13 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-07030-RNO Doc 13 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge Page 1 of 2 r B18(Official Form 18)(12/07)—Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail,phone, or otherwise,to file or continue a lawsuit, to attach wages or other property,or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse,even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most,but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension,profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules.Because the law is complicated,you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:12-bk-07030-RNO Doc 13 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off:0314-1 User:admin Date Created:03/15/2013 Case: 1:12—bk-07030—RNO Form ID:B 18 Total:42 Recipients submitted to the BNC(Bankruptcy Noticing Center)without an address: cr WELLS FARGO BANK,N.A. TOTAL: 1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf @usdoj.gov tr Lawrence V.Young(Trustee) ]young @cgalaw.com aty James M Bach JMB @JamesMBach.com aty Jerome B Blank pamb @fedphe.com TOTAL:4 Recipients submitted to the BNC(Bankruptcy Noticing Center): db Richard E Foster,Jr. 2250 Golden Eagle Drive York,PA 17408 4228153 All Better Care 6481 Carlisle Pike Mechanicsburg,PA 17050 4228155 American Express PO Box 26312 Lehigh Valley,PA 18002-6312 4228154 American Express PO Box 297879 Fort Lauderdale,FL 33329-7879 4228156 American General Finance PO Box 3251 Evansville,IN 47731 4228157 Associated Otolaryngologists of PA 880 Poplar Church Roac Camp Hill,PA 17011 4228158 Bureau of Account Mgmt 3607 Rosemont Avenue Camp Hill,PA 17011 4228159 CAPITAL ONE P 0 BOX 85520 Richmond,VA 23285 4228160 Cumberland Valley S.D. Debra Basehore Wiest,Tax Collector Mechanicsburg,PA 17050 4228161 Cumberland Valley S.D. Debra Basehore Wiest,Tax Collector Mechanicsburg,PA 17050 4228162 Direct Merchants Bank PO BOX 22128 Mechanicsburg,PA 1.7055 4228163 Donegal Insurance Group PO Box 300 Marietta,PA 17547 42281.64 EZPass Delaware River Toll Bridge PO Box 851918 Richardson,TX 75085 4228165 First Premier Bank PO BOX 5519 Sioux Falls,SD 57117-5519 4228166 James,Smith et al. PO Box 650 Hershey,PA 17033 4228167 James,Smith et al. PO Box 650 Hershey,PA 17033 4228168 Midland Funding LLC 8875 Aero Drive San Diego,CA 92123 4228174 NB Liebman PO Box 3212 Evansville,IN 47731 4228169 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 j 4228170 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228171 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228172 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228173 National Recovery Agency 2491 Paxton Street Harrisburg,PA 1711.1 4228177 PNC BANK P O BOX 747032 Pittsburgh,PA 15274 4228179 PPL 2 North 9th Street Allentown,PA 18101 4228180 PSECU PO BOX 67013 Harrisburg,PA 17106 4228175 Penn Waste,Inc. PO Box 3066 York,PA 17402 42281.76 Pennsylvania American Water PO BOX 371412 Pittsburgh,PA 1.5250-7412 4228178 Pottery Barn/WFNNB c/o Asset Acceptance PO Box 2036 Warren,MI 48090-2036 4228182 RMS 77 Hartland Street Suite 401 East Hartford,CT 06128 4228181 Revenue Collect PO Box 2103 Mechanicsburg,PA 17055 4228184 SKO Brenner American 40 Daniel Street PO Box 230 Farmingdale,NY 11735-0230 4228183 Silver Sprint Township 8 Flowers Drive Mechanicsburg,PA 17050 4228185 Sowers Realty Services 2961 Spangler Road Manheim,PA 17545 4228186 State Collection Service 2509 South Stoughton Road Madison,WI 53716 4228187 Verizon PO Box 920041 Dallas,TX 75392-0041 4228188 Wells Fargo Home Mort. PO Box 14411 Des Moines,IA 50306-3411 t TOTAL:37 i I I 1 i I i Case 1:12-bk-07030-RNO Doc 13-1 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 E .�-U 1�F f C E Attorneys for Plaintiff PHELAN HALLINAN, LLP Y John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 2013 SEP 13 AM 10: 4 7 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY John.Kolesnik@phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-2680-CIVIL RICHARD E. FOSTER,JR Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relatir4g to unsworn falsification to authorities. By: e an Hallinan,LLP John Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff L ED—OF �1� WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS ��<<. THE PRO�.HO�� Eaf�`�° Plaintiff 7013 SEP 13 AM IQ: 47 CIVIL DIVISION Ct1ME3RLADT NO.: 12-2680-CIVIL RICHARD E. FOSTER,JR PENNSYLVANIA . Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 34 LISMORE PLACE, MECHANICSBURG,PA 17050-8247. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) RICHARD E.FOSTER,JR 34 LISMORE PLACE,MECHANICSBURG,PA 17050-8247 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) RICHARD E.FOSTER,JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PNC BANK,NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) CUMBERLAD GABLE PARK COMMUNITY 111 CENTERVILLE RD ASSOCIATION LANCASTER,PA 17603 PH#760720 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 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 MEGAN L.FOSTER 761 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055 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 District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: A By: P allinan,LLP ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 i PH#760720 !` L�E iJ `, F 3.., li- .UHF PROTHONOTARY WELLS FARGO BANK, N.A. `" COURT OF COMMON PLEAS 2013 SEP 13 AM 10: 47 Plaintiff CIVIL DIVISION ' C i B--LAN COUNTY , vs. PENNSYLVANIA NO.: 12-2680-CIVIL RICHARD E. FOSTER,JR Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD E. FOSTER,JR RICHARD E. FOSTER,JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG, PA 17050-8247 YORK,PA 17408-9410 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 34 LISMORE PLACE,MECHANICSBURG,PA 17050-8247 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$140,907.21 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this hag happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-2680-CIVIL WELLS FARGO BANK,N.A. V. RICHARD E. FOSTER,JR owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylvania, being 34 LISMORE PLACE,MECHANICSBURG, PA 17050-8247 Parcel No. 38-18-1342-159 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,907.21 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 88, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase H of Waterford Square,prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the northwestern right-of-way line of Lismore Place as the common front property corner of Lot No. 88 and Lot No. 89 as shown on the above referenced Plan of Lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 50.00 feet and an arc length of 13.72 feet to a point at the dividing line between Lot No. 87 and Lot No. 88; thence along said dividing line, South 74 degrees 56 minutes 38 seconds West, a distance of 40.52 feet to a point;thence continuing along said dividing line,North 88 degrees 39 minutes 29 seconds West, a distance of 146.90 feet to a point on the dividing line between Lot No. 88 and lands now or formerly of James E. Nogelsang and Janet S. Nogelsang; thence along said dividing line, North 23 degrees 36 minutes 43 seconds West, a distance of 10.47 feet to a point; thence North 60 degrees 23 minutes 17 seconds East, a distance of 118.87 feet to a point at the dividing line between Lot No. 88 and Lot No. 89; thence along said dividing line, South 47 degrees 04 minutes 11 seconds East, a distance of 72.81 feet to a point; thence continuing along said dividing line, South 70 degrees 50 minutes 55 seconds East, a distance of 42.90 feet to a point, said point being the place of BEGINNING. CONTAINING 6,623 square feet or 0.15 acre,more or less. HAVING thereon erected a two-story townhouse known and numbered as 34 Lismore Place, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Richard E. Foster, Jr., adult individual, by Deed from Alan L. Mays and Pamela Kell-Mays, adult individuals, dated 09/05/2007, recorded 09/14/2007 in Instrument Number 200735885. PREMISES BEING: 34 LISMORE PLACE,MECHANICSBURG,PA 17050-8247 PARCEL NO. 38-18-1342-159 r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2680 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s) From RICHARD E. FOSTER,JR. (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $140,907.21 L.L.: $.50 Interest from 8/17/13 to Date of Sale($23.16 per diem) -- $2,547.60 Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: 9/13/13 David D. Buell,Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 OF THE PROThONOTxi Phelan Hallinan, LLP ��,r�� Justin F. Kobeski, Esq., Id. No.20031'113 DEC 12 AM 10: 31 TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 1, 2012. 2. Judgment was entered on August 16, 2013 in the amount of$140,907.21. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 34 LISMORE PLACE, MECHANICSBURG,PA 17050-8247 (hereinafter the "Property")was postponed or stayed for the following reason: 760720 a.) The Defendant,RICHARD E. FOSTER,JR, filed a Chapter 07 Bankruptcy at Docket Number 1:12-07030 on December 9, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated March 11, 2013. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on March 12, 2014. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $126,796.28 Interest Through December 25, 2013 $27,665.51 Late Charges $297.47 Legal fees $2,000.00 Cost of Suit and Title $1,045.75 Property Inspections $205.00 Property Preservation $37.38 Escrow to be paid $1,349.00 Escrow Deficit $6,698.25 TOTAL $166,094.64 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 27, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 760720 • A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12,2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: `i 6/23 By: / Justin .. obeski, Esquire AT I ' EY FOR PLAINTIFF 760720 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division v. • • CUMBERLAND County • RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE RICHARD E. FOSTER,JR 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 34 LISMORE PLACE, MECHANICSBURG, PA 17050-8247. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 760720 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 760720 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 760720 ...:.,... ......- -. ,�... .. ,..... ..:_., - .. ors :»,.. .. a,-..r .. { ,.:-..a> 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 760720 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent 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. 760720 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the 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. 760720 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 760720 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: l 2 b Q / By: 1 J•stin1' obeski, Esquire Atto, ey for Plaintiff 760720 • Exhibit "A" 760720 PHELAN HALLINAN, LLP Attorney for Plain t'• d' -+ Adam H.Davis,Esq.,Id.No.203034 r-fl TI, c , 1617 JFK Boulevard, Suite 1400 g off;'. a One..P_enn.Center Pfd. -- G y o Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS RICHARD E.FOSTER,JR : CIVIL DIVISION FNeCopy : No.12-2680-CI` C Rednn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: . clk r' Kindly enter judgment in favor of the Plaintiff and against RICHAfirritirFER,JR, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from-eei'ice thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $140,907.21 TOTAL $140,907.21 I hereby certify that(1)the Defendant's last known addresses are • MECHANICSBURG,PA 17050-8247 and 2250 c=0 !_ • .1 • "SQ ,•A 17408- 9410,an n given in accordance with Rule Pa.R.C.P Date Adam H.Davis,Esq.,Id.No.203034 Attorney Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: o II tt PH#760720 PROTHONOTARY 760720 Exhibit "B" 760720 r: VI OZ :LZ}�AONtei449Et OO OO $ tOt,6i d12 * " - '.I. 4:4 r, .ter is;; '-„''', S3M06.NJid<<3 tf1SOd sf .... :f-: : , , 2..j lit 4 lit * iti l is f 111 —Q A a g��„.„,„..,,,, . ...,.., , ,s �. as i LN : P. 0. E 3 io -IC Cd o O iii a. 8 1 I 5 4 I g - -r.g 5 AC — A Y '4... °681wid $1 41ilgil8a4Q, It Z '' �u. Ivy, ci i. d A I i . . o a r 11 : I Ji .. : :::' ::t: :; Mr ee „x:'3 . ,.::tin. x sYiri*�m s:ss}:. ti .- f",4 r ._ R « Oz 'sA N: -' .•," e r . a ..• :w R' -vF 'x r �;', �' .. � .p`p 9 *..4.17•7.-7 4.: P ,fri « i.y 4•,,t ,-.'” "*�Ci3 ,s ' 3 `- wa ;, + .. - PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 27,2013 RICHARD E.FOSTER, JR 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 RE: WELLS FARGO BANK,N.A. v. RICHARD E. FOSTER,JR Premises Address: 34 LISMORE PLACE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-2680-CIVIL Dear Defendant, 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 December 4,2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very $ y yours Justi j' ,K+e-ski,Esq., Id.No.200392 Att , cy fo Plaintiff Enclosur 760720 • Exhibit "C" 760720 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:12—bk-07030—RNO Chapter 7 In re Debtor(s)(name(s)used by the debtor(s) in the last 8 years,including married,maiden,trade, and address): Richard E Foster Jr. 2250 Golden Eagle Drive York, PA 17408 Social Security/Individual Taxpayer ID No.: xxx—xx-3912 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code). BY THE COURT Dated: 3/15/13 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-07030-RNO Doc 13 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge Page 1 of 2 B18(Official Form 18)(12/07)—Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail,phone, or otherwise,to file or continue a lawsuit,to attach wages or other property, or to take any other action to collect a discharged debt from the debtor.[In a case involving community property:There are also special rules that protect certain community property owned by the debtor's spouse,even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest,against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case.Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most,but not all,types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7,the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are 4 discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c.Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines,penalties, forfeitures, or criminal restitution obligations; f.Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j.Debts owed to certain pension,profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge.There are exceptions to these general rules.Because the law is complicated,you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:12-bk-07030-RNO Doc 13 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge Page 2 of 2 • Notice Recipients District/Off:0314-1 User:admin Date Created:03/15/2013 Case: 1:12—bk-07030—RNO Form ID:B18 Total:42 Recipients submitted to the BNC(Bankruptcy Noticing Center)without an address: cr WELLS FARGO BANK,N.A. TOTAL: 1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf @usdoj.gov tr Lawrence V.Young(Trustee) lyoung @cgalaw.com aty James M Bach JMB @JamesMBach.com aty Jerome B Blank pamb @fedphe.com TOTAL:4 Recipients submitted to the BNC(Bankruptcy Noticing Center): db Richard E Foster,Jr. 2250 Golden Eagle Drive York,PA 17408 4228153 All Better Care 6481 Carlisle Pike Mechanicsburg,PA 17050 4228155 American Express PO Box 26312 Lehigh Valley,PA 18002-6312 4228154 American Express PO Box 297879 Fort Lauderdale,FL 33329-7879 4228156 American General Finance PO Box 3251 Evansville,IN 47731 4228157 Associated Otolaryngologists of PA 880 Poplar Church Roac Camp Hill,PA 17011 4228158 Bureau of Account Mgmt 3607 Rosemont Avenue Camp Hill,PA 17011 4228159 CAPITAL ONE P 0 BOX 85520 Richmond,VA 23285 4228160 Cumberland Valley S.D. Debra Basehore Wiest,Tax Collector Mechanicsburg,PA 17050 4228161 Cumberland Valley S.D. Debra Basehore Wiest,Tax Collector Mechanicsburg,PA 17050 4228162 Direct Merchants Bank PO BOX 22128 Mechanicsburg,PA 17055 4228163 Donegal Insurance Group PO Box 300 Marietta,PA 17547 4228164 EZPass Delaware River Toll Bridge PO Box 851918 Richardson,TX 75085 4228165 First Premier Bank PO BOX 5519 Sioux Falls,SD 57117-5519 4228166 James,Smith et al. PO Box 650 Hershey,PA 17033 4228167 James,Smith et al. PO Box 650 Hershey,PA 17033 4228168 Midland Funding LLC 8875 Aero Drive San Diego,CA 92123 4228174 NB Liebman PO Box 3212 Evansville,IN 47731 4228169 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228170 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228171 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228172 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228173 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111 4228177 PNC BANK P O BOX 747032 Pittsburgh,PA 15274 4228179 PPL 2 North 9th Street Allentown,PA 18101 4228180 PSECU PO BOX 67013 Harrisburg,PA 17106 4228175 Penn Waste,Inc. PO Box 3066 York,PA 17402 4228176 Pennsylvania American Water PO BOX 371412 Pittsburgh,PA 15250-7412 4228178 Pottery Barn/WFNNB c/o Asset Acceptance PO Box 2036 Warren,MI 48090-2036 4228182 RMS 77 Hartland Street Suite 401 East Hartford,CT 06128 _ 4228181 Revenue Collect PO Box 2103 Mechanicsburg,PA 17055 4228184 SKO Brenner American 40 Daniel Street PO Box 230 Farmingdale,NY 11735-0230 4228183 Silver Sprint Township 8 Flowers Drive Mechanicsburg,PA 17050 4228185 Sowers Realty Services 2961 Spangler Road Manheim,PA 17545 4228186 State Collection Service 2509 South Stoughton Road Madison,WI 53716 4228187 Verizon PO Box 920041 Dallas,TX 75392-0041 4228188 Wells Fargo Home Mort. PO Box 14411 Des Moines,IA 50306-3411 TOTAL:37 Case 1:12-bk-07030-RNO Doc 13-1 Filed 03/15/13 Entered 03/15/13 01:00:19 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division v. • • CUMBERLAND County RICHARD E. FOSTER, JR • • No.: 12-2680-CIVIL • Defendant 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 individual on the date indicated below. RICHARD E. FOSTER, JR RICHARD E. FOSTER, JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG, PA 17050-8247 YORK,PA 17408-9410 Phelan Hallinan, LLP DATE: J By: //`/r Justi' . Ko,,eski,Esquire A ' ORNE FOR PLAINTIFF 760720 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#760720 DEFENDANT SERVICE TEAM/lxh RICHARD E.FOSTER,JR COURT NO.:12-2680-CIVIL SERVE RICHARD E.FOSTER,JR AT: TYPE OF ACTION 2250 GOLDEN EAGLE DRIVE XX Notice of Sheriff's Sale YORK,PA 17408-9410 SALE DATE: March 12,2014 SERVED Served and made known to RICHARD E.FOSTER,JR,Defendant on the day of fl2'Y ,201• ,at J039 ,o'clocl_ .M.,at 5° Z Z&N ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). H Relationship is / mR5, PC j H e OR., _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 6 5 Height 5 6 ` Weight 141°' Race ti_.) Sex / Other I,Qrant,el , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:fi_ "/3 r �► NAME: PRINTED NAME: A41-4I TITLE:C- /34 NOT SERVED On the day of 20 ,at o'clock_.M.,I, ,a competent adult hereby state that e endant NOT FOUND because: Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant) _No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: _ PRINTED NAME: r;-1 i__ ATTORNEY FOR PLAINTIFF (j)� -- Phelan Hallinan,LLP —<1> €J' ,.4c 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza .,<C) Philadelphia,PA 19103 201 CS C" (215)563-7000 �''Z cy * �1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL • Defendant RULE AND NOW, this J�` day of IA4,..14/ 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COURT • 4-144 J. rn r171 -a cp 7-5 F1 760720 ..7'..;ustin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 CHARD E. FOSTER, JR HARD E. FOSTER,JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG,PA 17050-8247 YORK,PA 17408-9410 CC?iI S f '4 a L 1 760720 iVi /i3 760720 1G Jt s1 i 2013 DEC 2 7 AN 9. 5 5 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County RICHARD E. FOSTER, JR No.: 12-2680-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 17, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD E. FOSTER, JR RICHARD E. FOSTER, JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG, PA 17050-8247 YORK, PA 17408-9410 Phelan Hallinan, LLP DATE: I2/2G13 By: John D. Krol , Esq., Id.No.312244 Attorney for Plaintiff 760720 a , r i R O I HONG :3R JAN 10 AM 11: 04 CUMBERLAND COUNTY 4,y PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas • Plaintiff • Civil Division vs. : • CUMBERLAND County • RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL • Defendant 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 December 12, 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 Defendant on November 27, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. 760720 3. A Rule was issued on or about December 17, 2013 directing the Defendant to show cause by January 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on December 26, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 6, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 1/t it 4 By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff 760720 Exhibit "A" 760720 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ilallinan, LLP Representing Lenders in Pennsylvania November 27, 2013 RICHARD E. FOSTER, JR 34 LISMORE PLACE MECHANICSBURG,I'A 17050-8247 RE: WELLS FARGO BANK,N.A. v.RICHARD E. FOSTER,JR Premises Address: 34 LISMORE PLACE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-2680-CIVIL Dear Defendant, 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 December 4,2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very s y yours, Justi •. Ks)*-ski,Esq., Id.No.200392 Att .r y lo Plaintiff Enclosur 760720 i•= V £tOt LZ AONL6.1i9V10OO .- : . . t`` p� _�;� i d� .- r ,, ..-..:-.,?4•:•.'rr. -- .i $3J c.,v A3r11 '<<3 Mcod SS-n .,,„*O. '14 n� y "� ' i4 4 SI 1. ii 1111 .., 1141 . li.1* a 9,1 g 41i 41141 a kmi NS 0 , g !I 1 N s g wJ d .e" W �. ._� � a1 s e i ick‘ elt, rA Si iti * z : v jfl . t riJJ.a a Exhibit "B" 760720 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL Defendant • RULE AND NOW,this day of)4,44.44/ 2013,a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COURT J. rn m rrn R cn r — --- G p n 760720 ..."/Jiistin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 CHARD E. FOSTER,JR HARD E. FOSTER,JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG,PA 17050-8247 YORK,PA 17408-9410 CCrp 760720 760720 Exhibit "C" L .J= C • r t EL 1'r?0 T1i0r�k'0T, 2013 DEC 27 an 9: 5s CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division vs. • • CUMBERLAND County RICHARD E. FOSTER, JR • • No.: 12-2680-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 17,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD E. FOSTER,JR RICHARD E. FOSTER,JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG,PA 17050-8247 YORK,PA 17408-9410 Phelan Hallinan, LLP DATE: 1212.41/3 By: John D. Kro ,Esq.,Id.No.312244 Attorney for Plaintiff 760720 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County RICHARD E. FOSTER, JR • No.: 12-2680-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. RICHARD E. FOSTER, JR RICHARD E. FOSTER, JR 34 LISMORE PLACE 2250 GOLDEN EAGLE DRIVE MECHANICSBURG, PA 17050-8247 YORK, PA 17408-9410 Phelan Hallinan, LLP DATE: //4/I, By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff 760720 IN THE COURT OF COMMON PLEAS 'E 'R L A CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County RICHARD E. FOSTER, JR No.: 12-2680-CIVIL Defendant ORDER AND NOW, this /6" day of��7 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $126,796.28 Interest Through December 25, 2013 $27,665.51 Late Charges $297.47 Legal fees $2,000.00 Cost of Suit and Title $1,045.75 Property Inspections $205.00 Property Preservation $37.38 Escrow to be paid prior to March 12, 2014 $1,349.00 Escrow Deficit $6,698.25 TOTAL $166,094.64 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 COJ,T J. All 760720 ef PHELAN HALLINAN, LLP Attorney f r Plaintiff 0 John Michael Kolesnik, Esq., Id. No.308877 '�� l; rt �� , • 1617 JFK Boulevard, Suite 1400 ENNSYLVANi i One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.corn 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. CIVII. DIVISION RICHARD E.FOSTER,JR Defendant(s) No.: 12-2680-CIVIL 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 I • I ibit"A". n ichael Kolesnik,Esq.,Id.No.308877 Z i// /� Attorney for Plaintiff Date: /a IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#760720 • • • • WELLS FARGO BANK,N.A. • COURT OF COMMON PLEAS • Plaintiff • • CIVIL DIVISION v. • • NO.: 12-2680-CIVIL RICHARD E. FOSTER,JR Defendant(s) • CUMBERLAND COUNTY 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 34 LISMORE PLACE, MECHANICSBURG,PA 17050-8247. ]. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot he reasonably ascertained. please so indicate) • RICHARD E.FOSTER,JR 34 LISMORE PLACE,MECHANICSBURG,PA • 17050-8247 • 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) RICHARD E.FOSTER,JR • 34 LISMORE PLACE • MECHANICSBURG,PA 17050-8247 • • 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) • SILVER SPRING TOWNSHIP AUTHORITY P.O.BOX 650 C/O SCOTT A.DIETTERICK,ESQUIRE, SUITE#3 KATHRYN LEANNE MASON,ESQUIRE HERSHEY,PA 17033 • 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PNC BANK,NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE 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) SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW PARK ROAD SUITE#3 MECHANISBURG,PA 17050 PH#760720 • 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) CUMBERLAD GABLE PARK COMMUNITY 111 CENTERVILLE RD ASSOCIATION LANCASTER,PA 17603 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 34 LISMORE PLACE MECHANICSBURG,PA 17050-8247 MEGAN L.FOSTER 761 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055 RICHARD E. FOSTER JR. C/O STEPHEN J. 3507 MARKET ST STE 303 BARCAVAGE, ESQUIRE CAMP HILL,PA 17011 • DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 .DEPARTMENT OF WELFARE . HARRISBURG,PA 17105 • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 • PITTSBURGH,PA 15222 • U.S.DEPARTMENT OF JUSTICE • 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 . FEDERAL BUILDING • • • I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge'or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to autho • "es. • • Date: Z frt/f y By: • P an Hallinan,LLP ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1 617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#760720 o S w w°. d rams 'e n _ °' w a c4 1 ON w 0 oc o -. " -4 V 0 p R * * * w * * **to S .0 fa A� x Us 'tl C Gn V� cn cn t"} uwi z -0 0 Cti -0 2- c* t� H -+ y�.,+ Io c cro p ° rb o ! b H ' too 21 1... i tll 0 044) PZ 0 ,iii ,.i MI W La CA F1it ..w. A i i illk —1" 1 1 il o 0 Illig . g 4 re, c gxt a, tll UU ° r , n ,n � G ohm i' a 1111 a 0'g za . tt U S P T A G E T N O WE r ZAP 19103 €' -i ,, 0001381199 6E6 FEB 06 Q14 ..cw .snww++,nw.xrw3.iaRS _ ._ ....--f1�. 1e .....esn:r,vM.,w- :.a......arc.an -,,: .. _ e .,aa...,»,� _ _•rnv+..: ... «.nr,.. • -- ---- 0 Q _.. __ _r. O a z r.it � oo � a u, ,a w N «. � � g. W 8.if CO v �O M rt * ? s s * r Fr to * * * * * * * * E. a. x ri1CC `7 i ; x ;ti 22t: f' F ;1ti2I rat'! Itge ; 'b n � e' t,,, i,nff g ,m, p.00 .w ` 9o � wGzVIo: a "" , � a (� OQ �rc �, , -� n -, pp 9 z 8 a o n Z r' Z 9 �a IF * > g a l• o A y zoo n3x .. � o " tog' = a8° s _ .- 2 oz ›- 4Cdx 4 @Ep x b w xa � A � a3 -+ R '.'"Vsq t. cA Eye a "0 n b v o 16":4 `-' 01..1-- ,i. n r r 7G " M f) '. ,-D ,..0) . A =a Aaooaa2a -, = ooc ,. F z � p < Ui .cn a & 0 t' � o No ems •4w '+ a u as xi ; Cr i • 4. , b .'� g t t3 Le 2r to (1 odPti ri,4., k„ oM. .... V k1C1 If or 0 , 67. . "p.o, il 0 . a i k :x o y `a p o I a ro :: L.; y a >G a .y w • • S .-I: ei 1 . • .g1 .M :tea ... Fl 71. g O n VI.S u G' E.c s=^- - a if a ' G 1gu — x 411' � • li t . . 7 � • � . .ia• ZIP 19t!?"" 004. • . _.: X 87 1YY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFfJCE: OF M= SHERIFF 2: << .,IO 10 i : `" F CUMBERLAND COT PENNSYLVANIA Wells Fargo Bank, N.A. vs. Richard E. Foster, Jr. Case Number 2012-2680 SHERIFF'S RETURN OF SERVICE 01/08/2014 10:51 AM - Deputy Valerie Weary, 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 34 Lismore Place, Silver Spring - Township, Mechanicsburg, PA 17050, Cumberland County. 03/12/2014 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 17013 on March 12, 2014 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: $830.70 SO ANSWERS, June 03, 2014 RONNY R ANDERSON, SHERIFF (c) CountySu e Sneritf.'+eleosoft, inc. On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 34 Lismore Place, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. MDate: December 13, 2013 LU c. CL. LiJ Ct= C.) Li By: Real Estate Coordinator • LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2012-2680 Civil Term Wells Fargo Bank, N.A. vs. Richard E. Foster, Jr. Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -2680 -CIVIL, WELLS FARGO BANK, N.A. vs. RICHARD E. FOSTER, JR., owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsyl- vania, being 34 LISMORE PLACE, MECHANICSBURG. PA 17050.8247. Parcel No. 38-18-1342-159. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $140,907.21. 32 4 - 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: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. YAA.---,.> Lisa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 7 da of Februar 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy. Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2012-2680 Civil Term Wells Fargo Bank, N.A. Vs Richard E. Foster, Jr. Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -2680 -CIVIL WELLS FARGO BANK, N.A. v. RICHARD E. FOSTER, JR owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylvania, being 34 LISMORE PLACE, MECHANICSBURG. PA 17050.8247 Parcel No. 38-18-1342-159 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,907.21 This ad ran on the date(s) shown below: 01/19114 01126/14 02/02/14 Swor to and subscribed beforQmethis 18 day of February, 2014 A.D. otary Pub is COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission�ros Dcc.1 2016 MEMBER, PENNSYLVANIA ASSOCIA'T'ION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 13th day of Septemeber, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2680, at the suit of Wells Fargo Bk N A against Richard E Foster Jr is duly recorded as Instrument Number 201414932. IN TESTIMONY WHEREOF, I have hereunto set my hand % D÷h and seal of said office this day of ,A.D. o0I(-{ )K 0 , ��i.z , Dep v -c. Recorder of Dc ds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018