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HomeMy WebLinkAbout12-3455 rz r a• "; wI n .dam^n. n. ?D COUNT" YI.-V%% 4 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff GRETCHEN A. DREWETT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n (' CC NO. I CQ-??SJ A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C. DREWETT 444 BROOK CIRCLE MECHANICSBURG, PA 17050-4617 File #: 297995 (S?) a?a1?3.?Spd Q C?kk 1?Q3?1o`1 (t,l1 g"1598a 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 #: 297995 Plaintiff is WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT 444 BROOK CIRCLE MECHANICSBURG, PA 17050-4617 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/2007 GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT and HARRY C. DREWETT BY GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200742402. 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 01/21/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 297995 6. The following amounts are due on the mortgage as of 05/17/2012: Principal Balance $89,658.26 Interest $7,971.47 Through 05/17/2012 Late Charges $252.70 Property Inspections $15.00 Escrow Deficit $2,214.35 Suspense Balance ($908.75) TOTAL $99,203.03 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $99,203.03, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN H¢CLLIN8N & SCHMIEG, LLP By: Robert VCusickEsquire Id., No. 80193 Attorney for Plaintiff- File #: 297995 LEGAL DESCRIPTION ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, the first is bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit: TRACT NO. 1: BEGINNING at a stake on the west side of Jerusalem Road, said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road; thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No. 10 and 11 on hereafter mentioned plan; thence by same South 44 degrees 42 minutes West a distance of of 150.00 feet to a stake at other lands N/F of James E. Grandon; thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. 11 and 12; thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake, the point and place of BEGINNING. TRACT NO. 2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot #10 and lands now or formerly of Russel Braumwell; thence by lends N/F of Russel Braumwell, South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot #10 and lands N/F of James E. Grandon, Jr.; thence by lands N/F of James E. Grandon, Jr., South 44 degrees 42 File #: 297995 minutes 00 seconds West a distance of 137.54 feet to a concrete monument; thence by the same, North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot #10 and Lot #11; thence by said dividing line, North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road; thence by the same, South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument, the point and place of BEGINNING. PROPERTY ADDRESS: 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050- 2069 PARCEL # 10-16-1060-026. File #: 297995 VERIFICATION Varsha Thacker, hereby states that h she s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h he ' 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 er i formation 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: Varsha Thacker DATE: S' Z J" L Title: Vice President Loan Documentation PHS: 297995 032-PA-V3 WELLS FARGO BANK, N.A. S/B/M '1'O WACHOV IA BANK, N.A. Plaintiff(s) vs. GRETCHEN A- DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWE'1T !e., ^02/^^S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVAN A Defendant(s) a ?Cl5?ivil 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 2,510 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 rile a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days ofthe service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opport unity to meet with a representative of your tender 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 lorward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT Y AND TAKE7•HE STEPS REQUIRED BY 'FH1S NOTICE.. THIS PROGRAM IS FREE. ?? ?v Date Sil sel for Plaintiff Robert W. Cusick, Estee 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: Borrower name(s) Property Address: City: State:__ Zip: Is the property for sale? Yes ? Non Listing date: _ Price: S Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State:_ Zip: Phone Numbers: Home: Office: Cell: Other: F.,mail: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage (.,ender: Loan: How long? State: Zip: Home: Cell: How long? Loan Number: Date you Closed Your Loan: Second Mortgage Lender: of Loan: Loan Number: Total Mortgage Payments Amount: S Date of Last Payment: Included Taxes & Insurance: Office: Other: Type of Type 051''"i2,c'_ ?. __ 00000000 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 #I: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats motorcydo): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 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) EXPFNSF AMOUNT EXPENSE A_MOU_N_T Mort ya c: Food Food 2" Mortgage - -.--. - Car Payment(s) Condo/Nei h. Fees _ Auto Insurance Mud. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim_ Spending Money Da /Child Carc/Tuit_ Other Fx enses Year: Year: 14 ?044??S Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have yogi. been working with a Housing Counseling Agency'? Yes ? No 0 if yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (IIEMAP) assistance? Yes ? No ? if yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? if yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): ___ __.___ Phone: '? nf1F,?n?S Servicing Company (Nance): _ Contact: Phone: __. I/We authorize the above named to use/refer this information to my lender/servicer fur the sale purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Datc 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 r} L D _. 0 F: is Sheriff (?- ?' I ktV{.E+ i}.., i., •. r) Jody S Smith ???t?str of 444 Chief Deputy 12 ?? 16 AN 8: 1 Richard W Stewart CUMBERLAND COUNT' Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Numbei Gretchen A. Drewett let al.) 2012-3455 SHERIFF'S RETURN OF SERVICE 06/04/2012 04:50 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Harry C. Drewett, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Not of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Harry C. Drewett. Request for service at 1205 Jerusalem Road, Mechanicsburg, Pennsylvania 17050 is vacant Harry C. Drewett currently resides at 444 Brook Circle, Mechanicsburg, Pennsylvania 17050. _ DEPUTY 06/04/2012 05:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1738 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: Harry C. Drewett, by making known unto himself personally, at 444 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true n( correct copy of the same. HAEL BARR)CK, DEPUTY 06/04/2012 05:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 2012 at 1738 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Gretch( A. Drewett, by making known unto herself personally, at 444 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true a correct copy of the same. 06/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent seal and inquiry for the within named defendant to wit: Gretchen A. Drewett, but was unable to locate her in bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Gretchen A. Drewett. Requ for service at 1205 Jerusalem Road, Mechanicsburg, Pennsylvania 17050 is vacant. Gretchen A. Drew currently resides at 444 Brook Circle, Mechanicsburg, Pennsylvania 17050. SHERIFF COST: $106.00 June 06, 2012 SO ANSWERS, R ANDERSON, SHERIFF (c) CcuntySuite Sheriff, Teleosoft, Inc f'i'1 o o —+c (n 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. SB/M TO WACHOVIA BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Term Vs No.2012-3455-Civil GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT Cumberland County HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Defendants 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 29, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due January 21, 2011 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 June 4, 2012, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 297995 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. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendants have 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: 5 BY: cs\c,,� P Au- b- se h P chalk, Esquire Atto ey for Plaintiff 297995 Exhibit A 297995 J . CF THE PRO HOMO A> y 2012 MAY 29 AN 9: 23 r'OMBERLAND GOUNTY. PENNSYLVANIA PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-1000 WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA.BANK,N.A. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL,SC 29715 CIVIL DIVISION Plaintiff TERM civil v. NO. oa c�yW GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 170504617 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE f File#: 297995 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 CUMBERI.,AND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File N: 297995 I. Plaintiff is WELLS FARGO BANK,N.A. SB/M TO WACHOVIA BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3: On 11/02/2007 GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT and HARRY C. DREWETT BY GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT made, executed and delivered a mortgage upon the.premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200742402. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/21/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. Tile N: 297995 6. The following amounts are due on the mortgage as of 05/17/2012: Principal Balance $89,658.26 Interest $7,971.47 Through 05/17/2012 Late Charges $252.70 Property Inspections $15.00 Escrow Deficit $2,214.35 Suspense Balance ($908.75) TOTAL $99,203.03 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 rem judgment against the Defendant(s) in the sum of $99,203.03,together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN:kl _ LTN `hl"& SCHMIEG, LLP By: 'Robat, CUSIC Esquire Id.,No.80193 Attorney fbr P.la�nti File 11: 297995 LEGAL DESCRIPTION ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania,the first is bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows,to wit: TRACT NO. 1: BEGINNING at a stake on the west side of Jerusalem Road, said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road; thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No. 10 and 11 on hereafter mentioned plan; thence by same South 44 degrees 42 minutes West a distance of of 150.00 feet to a stake at other lands N/F of James E. Grandon; thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. 11 and 12; thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake, the point and place of BEGINNING. TRACT NO. 2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot#10 and lands now or formerly of Russel Braumwell; thence by lands N/F of Russel Braumwell, South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot#10 and lands N/F of James E. Grandon, Jr.; thence by lands N/F of James E. Grandon, Jr., South 44 degrees 42 File#: 297995 minutes 00 seconds West a distance of 137.54 feet to a concrete monument; thence by the same, North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot#10 and Lot#I 1.;thence by said dividing line,North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road; thence by the same, South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument, the point and place of BEGINNING.. PROPERTY ADDRESS: 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050- 2069 PARCEL# 10-16-1060-026. File a: 297995 VERIFICATION Varsha Thacker, hereby states that h s e s Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff or mortgage servicing agent for plaintiff in this matter, that h &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 ofh s` er !6r- At'itin 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: Varsha Thacker DATE: S'L�- t'L Title: Vice President Loan Documentation PUS: 297995 032-PA-V3 Exhibit B 297995 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �os�te+t �ha Jody 8 Smith Chief Deputy Richard W Stewart Sollo for OFFICE OF M MW Wells Fargo Bank, NA. � Case Number Gretchen A Drewett(et al.) 2012'3455 SHERIFF'S RETURN OF SERVICE 06104/2012 04:50 PM-Ronny R.Anderson,Sheriff,who being duly swam according to law, states that he made a diligent search and Inquiry for the within named defendant to wit Harry C.Drewett,but was unable to locate him In his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Harry C. Draws& Request for service at 1205 Jerusalem Road, Mechanicsburg,Pennsylvania 17050 is vacant. Harry C.Drewett currently resides at 444 Brook Circle,Mechanicsburg,Pennsylvania 17050. rAlf.MAEL BARRICK DEPUTY 06104/2012 06.38 PM-Michael Barridk,Deputy Sheriff,who being duly swom according to law,states that on June 4, 2012 at 1738 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Resklential Mortgage Foreclosure Diversion Program,upon the within named defendant,to wit Harry C. Drawatt,by making known unto himself personally,at 444 Brook Circle,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. 49:. L BAR C DEPUTY 06/04/2012 05:38 PM-Michael Barrick, Deputy Sheriff,who being duly sworn according to law,states that on June 4, 2012 at 1738 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 Gretchen A.Drawett,by making known unto herself personally,at 444 Brook Circle,Mechanicsburg,Cumberland County,Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRI K DEPUTY 0610&2012 Ronny R.Anderson, Sheriff,who being duly swom according to law,states that he made a diligent search and inquiry for the within named defendant to wit Gretchen A. Drewett,but was unable to locate her in hk bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Gretchen A.Drswett. Request for service at 1205 Jerusalem Road,Mechanicsburg,Pennsylvania 17050 Is vacant. Gretchen A.Drewett currently resides at 444 Brook Circle,Mechanicsburg, Pennsylvania 17050. SHERIFF COST:$106.00 SO ANSWERS, June 06,2012 RON R ANDERSON,SHERIFF (e)Cvj*SWb SAMR.TMweaR Ina 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 SB/M TO WACHOVIA BANK,N.A. 3476 STATEVIEW BOULEVARD Civil Division FORT MILL, SC 29715 Tenn Plaintiff Vs No.2012-3455-Civil GRETCHEN A.DREWETT Cumberland County A/K/A GRETCHEN DREWETT HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Date: By: J P. chalk, squire Atto ey for Plaintiff 297995 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Term Vs No.2012-3455-Civil GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT Cumberland County HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Defendants ORDER AND NOW,this �0 ` day of 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above 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: J. rn Co . � ; M rn- z:r;U r CD c� CD t rt C-) 297995 CC : Gretche and Harry C. Drewett Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff ELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 ,/<RETCHEN A.DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Co /?&u 5��0�l3 297995 u�d. PHELAN HALLINAN, LLP t�13 L SO 0001-`‘ Attorney for Plaintiff Adam H. Davis, Esq., Id. No.2030315•1SER vAAlr\ 1617 JFK Boulevard, Suite 1400 ?E-WAS One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK, N.A. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT : No. 12-3455 CIVIL HARRY C.DREWETT • 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 GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT and HARRY C.DREWETT, 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 $99,203.03 TOTAL $99,203.03 I hereby certify that(1)the Defendants'last known addresses are 444 BROOK CIRCLE, MECHANICSBURG, PA 17050-4617 and 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050-2069, and (2) that notice has been given in accordance with Rule Pa.R.C.P/237.1. Date v>Z HAY Y 06010,41i ', A^. Adam H. Davis,Esq., Id. No.203034 Attorney or Plaintiff DAMAGES ARE REBY ASSESSED AS INDICATED. DATE: q? I .•.,M PHS#297995 PROTHONOTARY 4i1(40.Sand a Q CIOi3aay i 297995 07 flO Vtb'cc ACItod 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 215-563-7000 WELLS FARGO BANK,N.A.S/B/M TO CUMBERLAND COUNTY WACHOVIA BANK,N.A. COURT OF COMMON PLEAS vs. CIVIL DIVISION GRETCHEN A.DREWETT : No. 12-3455 CIVIL A/K/A GRETCHEN DREWETT • HARRY C.DREWETT 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 GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT is over 18 years of age and has last known addresses at 444 BROOK CIRCLE, MECHANICSBURG, PA 17050-4617 and 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050-2069. (c) that defendant HARRY C. DREWETT is over 18 years of age and has last known addresses at 444 BROOK CIRCLE,MECHANICSBURG, PA 17050-4617 and 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050-2069. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (/ 2 7/1 A.04144, / X9#114, Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 297995 Results as of:Jun-27-2013 12:17:46 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief A t Last Name: DREWETT First Name: GRETCHEN Middle Name: A. Active Duty Status As Of: Jun-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date 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 Left Active Duty Within 367 Days of Active Duty Status Date 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 Call-Up to Active Duty on Active Duty Status Date 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. Yhruit yh.. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as oi:Jun-27-2013 12:18:42 SCRA 3.0 *„c rsy Status Report Pursuant to Servicemembers Civil Relief Act Last Name: DREWETT First Name: GRETCHEN Middle Name: Active Duty Status As Of: Jun-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date 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 Left Active Duty Within 367 Days of Active Duty Status Date 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 Call-Up to Active Duty on Active Duty Status Date 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. Yhtiol, pi_ ,i(pubs74■.Eilienib..., Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • Results as of:Jun-27-2013 12:20:15 Department of Defense Manpower Data Center SCRA 3.0 t, Status 1( port 't cant to s ervieemembers Civil Relief Act ,.r Last Name: DREWETT First Name: HARRY Middle Name: C Active Duty Status As Of: Jun-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date 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 Left Active Duty Within 367 Days of Active Duty Status Date 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 Call-Up to Active Duty on Active Duty Status Date 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. Thal ..F Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK,N.A. S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK,N.A. : COURT OF COMMON PLEAS vs. GRETCHEN A. DREWETT : CIVIL DIVISION A/K/A GRETCHEN DREWETT HARRY C.DREWETT : No. 12-3455 CIVIL • Notice is rg�iven hat a Judgment in the above captioned matter has been entered against you on of 8 �2. 17) 0. ,r...JE 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 297995 WELLS FARGO BANK,N.A. SB/M TO COURT OF COMMON PLEAS WACHOVIA BANK,N.A. CIVIL DIVISION Plaintiff v. NO. 12-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT Defendant(s) TO: HARRY C.DREWETT 1205 JERUSALEM ROAD MECHANICSBURG,PA 17050-2069 DATE OF NOTICE: {, /i4)I3 THIS FIRM IS A DEBT COLLECTOR A ft EMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 Ty (717)249-3166 By: , �!'�,i J ' Jot tan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297995 • WELLS FARGO BANK,N.A. S/B/M TO COURT OF COMMON PLEAS WACHOVIA BANK,N.A. CIVIL DIVISION Plaintiff v. NO. 12-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT Defendant(s) TO: HARRY C.DREWETT 41 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 DATE OF NOTICE: ' /Nil? THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 Ott By: t.�.. Jo' tlatr�Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297995 WELLS FARGO BANK,N.A. SB/M TO COURT OF COMMON PLEAS WACHOVIA BANK,N.A. CIVIL DIVISION Plaintiff v. NO. 12-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT Defendant(s) TO: GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT 1205 JERUSALEM ROAD MECHANICSBURG,PA 1 7050-2069 DATE OF NOTICE: /14/0 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 OFF10E CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: r XtilL" Jt athan Lobh,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297995 WELLS FARGO BANK,N.A.S/B/M TO COURT OF COMMON PLEAS WACHOVIA BANK,N.A. CIVIL DIVISION Plaintiff v. NO. 12-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT Defendant(s) TO: GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 DATE OF NOTICE: 4, (/4 JI 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 TEl THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: If Jo/than Loh'',Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297995 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.:112-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $99,203.03 Interest from 07/01/2013 to Date of Sale $2,560.67 ($16.31 per diem) 53 r.'j, T_ TOTAL " rn $101,763.70 r ri —j:z-;o r— rO C: Pl►plan Hallitian,,LLP z� CD Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#297995 o6. 60 1 160 -s' 's-C) ox 4 5-6 r1 IN THE COURT OF COMMON:PLEAS.OF CUMBERLAND COUNTY;PENNSYLVANIA WELLS FARGO BANK,N.A.S/B/M TO wk HQYJA BANK,N.A. y ." Plaintiff . . YV. n' GRETCHEN A.DREWETT A/K/A GRETCHVI gEWETT w HARRY C::DREWETT - Defendants) PRAECIPE.FOR WRIT OF EXECUTION. (Mortgage.Foreclosure) w: Filed: Wz Address where papers-may be served f�tr GRETCHEN A:DREWETT Phelan Hallman,LLP A/K/A GRETCHEN DREWET"T. Adam H:Davis;Esq,Id:No.203034 . 444 BROOK CIRCLE " •' s Attoirie for Plaintiff Y' : MECHANICSBURG PA 17050-4617 - HARRY C.DREWETT: 444 BROOK CIRCLE y a 1VIECHANICSBURG;PA 17050-461.7 1 i, 1 t f;s LEGAL DESCRIPTION ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden,County of Cumberland and Commonwealth of Pennsylvania,the first is bounded and described in accordance with a survey made by Michael C.DAngelo dated August 26, 1974,as follows,to wit: TRACT NO. 1: BEGINNING at a stake on the west side of Jerusalem Road,said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road;thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No. 10 and I I on hereafter mentioned plan;thence by same South44 degrees 42 minutes West a distance of 150.00 feet to a stake at other lands N/F of James E. Grandon;thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. I I and 12;thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake,the point and place of BEGINNING. BEING Lot No. 11,Block C,Plan No, 1,Creekview,Plan Book 25,page 74. HAVING erected thereon a dwelling house. TRACT NO.2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot#10 and lands now or formerly of Russel Braurnwell;thence by lands N/F of Russel Braumwell,South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot#10 and lands N/F of James E.Grandon,Jr.;thence by lands NIF of James E.Grandon,Jr.,South 44 degrees 42 minutes 00 seconds West a distance of 137.54 feet to a concrete monument;thence by the same,North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot#10 and Lot#11;thence by said dividing line,North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road;thence by the same,South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument,the point and place of BEGINNING. BEING Lot No. 10,Block C,and containing 15,007.27 square feet as shown on Final Subdivision Plan No. 1,Creekview,recorded in Plan Book 25,page 74. TITLE TO SAID PREMISES IS VESTED IN Harry C.Drewett and Gretchen A.Drewett,h/w, by Deed from Dennis E. Helman, aka, Dennis Helman and Brenda Helman, h/w, dated 06/13/1997,recorded 06/16/1997 in Book 159,Page 428. PREMISES BEING- 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069 PARCEL NO.10-16-1060-026. 1= 0FFICE PHELAN HALLINAN, LLP F THE P R O T H Q N ti I A 1: Adam H. Davis, Esq., Id. No.203034 Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 29H JUN 28 GSM f0: 34 One Penn Center Plaza CUMBERLANO 'COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT NO.: 12-3455 CIVIL HARRY C.DREWETT 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 ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA COURT OF COMMON PLEAS ,.y BANK,N.A. Plaintiff CIVIL DIVISION V. NO.: 12-3455 CIVIL GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.SB/M TO WACHOVIA 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 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, . please so indicate) ; GRETCHEN A.DREWETT 444 BROOK CIRCLE, rn txs A/K/A GRETCHEN DREWETT MECHANICSBURG,PA 17050-4617 ti r1t N 70 t;� HARRY C.DREWETT 4 BROOK CIRCLE, �� co � 44 MECHANICSBURG,PA 170504617 2. Name and address of Defendant(s)in the judgment: � C� D Name Address(if address cannot be reasonably ascertained,please so indicate) GRETCHEN A.DREWETT 444 BROOK CIRCLE A/K/A GRETCHEN DREWETT MECHANICSBURG,PA 17050-4617 HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 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) WELLS FARGO BANK,N.A. 123 SOUTH BROAD STREET C/O TERRENCE J.MCCABE,ESQUIRE STE 2080 PHILADELPHIA,PA 19109 WELLS FARGO BANK,NA. 1 HOME CAMPUS DES MOINES,IA 50328 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) WACHOVIA BANK,N.A. 301 SOUTH COLLEGE STREET VA 0343 CHARLOTTE,NC 28288 PHS #297995 WACHOVIA BANK,N.A. P.O.BOX 50010 ATTN:RETAIL CREDIT SERVICING ROANOKE,VA 24022 *� "5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1205 JERUSALEM ROAD MECHANICSBURG,PA 17050-2069 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: � /t( By: L � � Z? 1.i.t' —rA-4� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS#297.995 WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK, COURT OF COMMON PLEAS N.A. CIVIL DIVISION Plaintiff NO.:12-3455 CIVIL VS. GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT CUMBERLAND C4N"TY HARRY C.DREWETT -0-q0� C- r'nG I rn '01 Defendant(s) -.;a NOTICE OF SHERIFF'S SALE OF REAL PROPERTY —r; C)fT TO: GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 "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 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$99,203.03 obtained by WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK,N.A.(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless 'exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3455 CIVIL WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. V. GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania,being 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069 Parcel No. 10-16-1060-026. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $99,203.03 Attorneys for Plaintiff Phelan Hallinan, LLP K LEGAL DESCRIPTION ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden,County of Cumberland and Commonwealth of Pennsylvania,the first is bounded and described in accordance with a survey made by Michael C.D'Angelo dated August 26, 1974,as follows,to wit: TRACT NO. 1: BEGINNING at a stake on the west side of Jerusalem Road,said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road;thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No, 10 and 11 on hereafter mentioned plan;thence by same South44 degrees 42 minutes West a distance of 150.00 feet to a stake at other lands N/F of James E.Grandon;thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. 11 and 12;thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake,the point and place of BEGINNING. BEING Lot No. 11,Block C,Plan No. 1,Creekview,Plan Book 25,page 74. HAVING erected thereon a dwelling house. TRACT NO.2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot#10 and lands now or formerly of Russel Braumwell;thence by lands N/F of Russel Braumwell,South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot#10 and lands N/F of James E.Grandon,Jr.;thence by lands N/F of James E.Grandon,Jr.,South 44 degrees 42 minutes 00 seconds West a distance of 137.54 feet to a concrete monument;thence by the same,North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot#10 and Lot#11;thence by said dividing line,North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road;thence by the same,South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument,the point and place of BEGINNING. BEING Lot No. 10,Block C,and containing 15,007.27 square feet as shown on Final Subdivision Plan No. 1,Creekview,recorded in Plan Book 25,page 74. TITLE TO SAID PREMISES IS VESTED IN Harry C.Drewett and Gretchen A.Drewett, h/w, by Deed from Dennis E. Helman, aka,Dennis Heiman and Brenda Helman,h/w, dated 06113/1997,recorded 06/16/1997 in Book 159,Page 428. PREMISES BEING: 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069 PARCEL NO.10-16-1060-026. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3455 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.S/B/M TO WACHOVIA BANK,N.A.Plaintiff(s) From GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT,HARRY C.DREWETT (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated, Amount Due: $99,203.03 L.L.: $.50 Interest FROM 7/1/2013 TO DATE OF SALE($16.31 PER DIEM)-$2,560.67 Atty's Comm: Due Protby:$2.25 Atty Paid: $254.75 Other Costs: Plaintiff Paid: Date: 6/28/13 David D.Buell rot onot (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK,N.A. PH#791757 DEFENDANT SERVICE TEAM/lxh GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT COURT NO.:12-3455 CIVIL HARRY C.DREWETT SERVE GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT TYPE OF ACTION AT: XX Mortgage Foreclosure 444 BROOK CIRCLE XX Civil Action MECHANICSBURG,PA 17050-4617 SERVED Served d made known to GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT,Defendant on the day of "4 20 I3,at 6r- ,o'clock .M.,at kim t r- Cltk ,in the manner described below: efendant p rsonally served. Adult family member with whom Defendant(s)reside(s). Relationship is m 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). 7-r--�, i Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. > t Other: Description: Age Height 6 Weight 2.Z° J Race t Sex f Other I, i , a competent adult,hereby verify that I personally handed a true and corriiet py d1)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 telati g to unworn falsification to authorities. DATE: '' / ZJ(3 NAME: PRINTED NAME: R'aV(*A rc-(F-tiv TITLE: LAS NOT SERVED On the day of , ,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.S/B/M TO WACHOVIA BANK,N.A. PH#791757 DEFENDANT SERVICE TEAM/lxh GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT COURT NO.: 12-3455 CIVIL HARRY C.DREWETT SERVE HARRY C.DREWETT AT: TYPE OF ACTION 444 BROOK CIRCLE XX Mortgage Foreclosure MECHANICSBURG,PA 17050-4617 XX Civil Action SERVED r .7) Served and made known to HARRY C.DREWETT,Defendant on the Z3 day of _- 0 o'clock$M.,at 444 ' .121:01=- O(.0.E ,in the manner described below: E tit y' Defendant personally served. k Adult family member with whom Defendant(s)reside(s). _ Relationship is 65 p(��TT r- _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 9 S Height 4 Weight ZZL` S Race ex F Other I, t■E16*J , 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. A�^ DATE: � 7013 NAME23 / / IBC PRINTED NAME: frl�� k t/lll TITLE: s NOT SERVED On the day of 20_,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT-FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO : Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff • Civil Division v. • CUMBERLAND County ti" n.a GRETCHEN A. DREWETT : No.: 12-3455 CIVIL-0:" Ftl A/K/A GRETCHEN DREWETT 7.Fri r r , HARRY C. DREWETT u} ry -< CD :F Defendants c- `i 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 29, 2012. 2. Judgment was entered on June 28, 2013 in the amount of$99,203.03. 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. The Property is listed for Sheriffs Sale on December 4, 2013. 791757 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $89,658.26 Interest Through October 6, 2013 $15,840.58 Late Charges $252.70 Legal fees $1,875.00 Cost of Suit and Title $879.75 Property Inspections $315.00 Property Preservation $222.98 Escrow to be paid $537.00 Escrow Deficit $5,889.24 TOTAL $115,470.51 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 10, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit `B". 10. 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 May 10, 2013 . 791757 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: ( 0 BY: ��/�� Jon. -.n M. Etkowicz, Esquire • TORNEY FOR PLAINTIFF 791757 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.ekowicz @phe l anhal linan.corn 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO • Court of Common Pleas • WACHOVIA BANK, N.A. Plaintiff : Civil Division v. : CUMBERLAND County GRETCHEN A. DREWETT • No.: 12-3455 CIVIL • A/K/A GRETCHEN DREWETT HARRY C. DREWETT Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT and HARRY C. DREWETT 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 1205 JERUSALEM ROAD, MECHANICSBURG, PA 17050-2069. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 791757 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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 791757 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 791757 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 791757 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 teens of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 791757 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs 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 791757 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. 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. 791757 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 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: :B l� �`��_W Y J'nat•• M. Etkowicz,Esquire A-orney for Plaintiff 791757 Exhibit "A" 791757 • 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 215-563-7000 WELLS FARGO BANK,N.A.SB/M TO : CUMBERLAND COUNTY WACHOVIA BANK,N.A. r-, ', . COURT OF COMMON PLEASc `•al —+ " vs. co c_ rn— CIVIL DIVISION z GRETCHEN A.DREWETT c.nnD o{a A/K/A GRETCHEN DREWETT . No.12-3455 CIVIL - co r o HARRY C.DREWETT y c., z�. �co 0 or: ��� W D PRAECIPE FOR IN REM JUD�I w`'�P/IH.URE TO �c ANSWER AND ASSESSMIb MIFIMNA.GES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT and HARRY C.DREWETT,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 $99,203.03 TOTAL pine*/1 I hereby certify that(1)the Defendants'last known addresses are 444 BROOK CIRCLE, MECHANICSBURG,PA 17050-4617 and 1205 JERUSALEM ROAD,MECHANICSBURG, PA 17050-2069, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6/�-7//1/ 406 tit "/IGt■tett Adam H.Davis, Esq.,Id.No.203034 Attorne f laintiff Vae gtlYagg DBY A SSESSED AS p PHS#297995 PROTHONOTARY 297995 Exhibit "B" 791757 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania September 10,2013 GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 RE: WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. v. GRETCHEN A. DREWETT,A/K/A GRETCHEN DREWETT and HARRY C. DREWETT Premises Address: 1205 JERUSALEM ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-3455 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. -ry rulk ou i. Jot an Etkowicz, Esq., Id. No.208786 Attr ey for Plaintiff Enclosure 791757 • ® Name and Phelan Nallinan,C.1.P ® M 1 III Address a* 161?JFIC Boulevard,,Suite 140(7 ' Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM b oo• Q Line Article Number Name of Addressee,Street,and Post Office Address Postage A 1 Q 1 **** GRETCHEN:A.DREWETT $0.46 uti 9H''' HARRY C.DREWETT r 444 BROOK CIRCLE .I ,� MECHANICSBURG,PA 17050-4617 2 "** GRETCHEN A.DREWETT $0.46 ° HARRY C.DREWETT ,.' 1205 JERUSALEM ROAD MECITANTCSB17RG,PA 17050.2069 RE:GRETCH N:A.DREWETT AJKIA GRETCHEN DREWETT(CUMBERLAND) PH#79175711200 $0.92 ` .41 rlr Pale1of1 7,,°li: • Total Narhar of Total Nembe,of Pieces Ptrwasasr.Par fare of The an decoration of vela 6 mquirod on ell demeo c and immurement rerEmod matt'Ille era Pieces Listed by Sender Received et Post Oaks Receiving Employee) for roc reconstruction of noroagorieble documents oadar Comma Mae document mcanswction it pica subject to a limit of 5500.000 per Dammam 1bc maximum indemnity payable en Express the mrximum indemnity payable is$25.000 for registered mail,sent with optionst imrnsnca See _ r :000 591 A and 5421 for Unmask=of coverage. Form 3877 Facsimile • , I 791757 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO • Court of Common Pleas WACHOVIA BANK,N.A. Plaintiff • Civil Division • v. • CUMBERLAND County • GRETCHEN A. DREWETT • No.: 12-3455 CIVIL A/K/A GRETCHEN DREWETT • HARRY C. DREWETT Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. GRETCHEN A. DREWETT GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT HARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD MECHANICSBURG, PA 17050-4617 MECHANICSBURG, PA 17050-2069 Phelan Hallinan,LLP DATE: 3 By: Jo iiirn M. Etkowicz, Esquire A ORNEY FOR PLAINTIFF 791757 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. S/B/M TO • Court of Common Pleas WACHOVIA BANK,N.A. Plaintiff • Civil Division v. • CUMBERLAND County GRETCHEN A. DREWETT • No.: 12-3455 CIVIL A/K/A GRETCHEN DREWETT • HARRY C. DREWETT Defendants RULE AND NOW,this 2 'r day of .54k4/ 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH OURT J. r h.� -t7 w 1 rrl W tri m ; ) < � ° Z (2) L.. 791757 s • _. ILL 1 II CC }}THOter 2°13 OCT --8 4 10. 11 CUMBERLAND�ANla 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 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO : Court of Common Pleas WACHOVIA BANK,N.A. • Plaintiff • Civil Division vs. • • CUMBERLAND County GRETCHEN A. DREWETT • A/K/A GRETCHEN DREWETT No.: 12-3455 CIVIL HARRY C. DREWETT • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GRETCHEN A. DREWETT GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT HARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD MECHANICSBURG, PA 17050-4617 MECHANICSBURG, PA 17050-2069 Phelan Hallinan, LLP DATE: / 014V By: OLD 715‘ Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff 791757 1 HE VFW T ONQ tAii s. 2C 13 OCT 22 1z1 IO: 14 CUMBERLAND COUNT`( PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 alison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO • Court of Common Pleas WACHOVIA BANK,N.A. • Plaintiff • Civil Division • vs. • CUMBERLAND County GRETCHEN A. DREWETT • No.: 12-3455 CIVIL • A/K/A GRETCHEN DREWETT • HARRY C. DREWETT Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA 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 September 20,'2013: 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 10, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 791757 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A.Ness on or about September 24, 2013 directing the Defendants to show cause by October 14, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 7, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto,made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 14, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Halli ' DATE: B /�� , A L Y• � '��.I on F �.. , Esq., Id.No.309519 P ttorney for Plaintiff • 791757 • • . . . . . • Exhibit "A" 791757 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK,N.A. Plaintiff Civil Division v, CUMBERLAND County GRETCHEN A. DREWETT No.: 12-3455 CIVIL A/K/A GRETCHEN DREWETT HARRY C. DREWETT Defendants �/ [� RULE AND NOW,this a-7 T `k day o 3,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter, BY THE COURT MI J• EY) . . r' rn 1 tal 791757 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 GRETCHEN A.DREWETT GRETCHEN A. DREWETF1 A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT HARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD MECHANICSBURG,PA 17050-4617 MECHANICSBURG,PA 17050-2069 791757 • 791757 • • • • • Exhibit "B" 791757 1 'l:E O ThONO4iq # 2Dl30CT� 8 A�(0: 1 l;" LI CO PENNSCRS y1VANIA UNrY 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 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK,N.A. •• Plaintiff • Civil Division vs. CUMBERLAND County GRETCHEN A.DREWETT • A/K/A GRETCHEN DREWETT No.: 12-3455 CIVIL HARRY C. DREWETT • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GRETCHEN A. DREWETT GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C.DREWETT HARRY C. DREWETT 444 BROOK CIRCLE . 1205 JERUSALEM ROAD . . MECHANICSBURG,PA 17050-4617 MECHANICSBURG,PA 17050-2069 ����/�� Phelan Hallinan,LLP �� DATE: By: �.t�t.,4 7`" Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff 791757 • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO : Court of Common Pleas WACHOVIA BANK,N.A. • Plaintiff • Civil Division • vs. • CUMBERLAND County GRETCHEN A. DREWETT • A/K/A GRETCHEN DREWETT : No.: 12-3455 CIVIL HARRY C. DREWETT • Defendants • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. GRETCHEN A. DREWETT GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT HARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD • MECHANICSBURG,'PA 17050-4617 MECHANICSBURG, PA 17050-2069 • Phela• .llinan DATE: V By: ./(07 son F. 'erman,Esq., Id.No.309519 Attorney for Plaintiff 791757 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. S/B/M TO • Court of Common Pleas • WACHOVIA BANK, N.A. Plaintiff : Civil Division • v. : CUMBERLAND County GRETCHEN A. DREWETT • No.: 12-3455 CIVIL 4 A/K/A GRETCHEN DREWETT • E HARRY C. DREWETT r- (r) Defendants ORDER AND NOW, this L4 day of °f412.4r , 2013 the Prothonotary is ORDERED to- amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $89,658.26 Interest Through October 6, 2013 $15,840.58 Late Charges $252.70 Legal fees $1,875.00 Cost of Suit and Title $879.75 Property Inspections $315.00 Property Preservation $222.98 Escrow to be paid $537.00 Escrow Deficit $5,889.24 TOTAL $115,470.51 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 -E COURT - • 4 J. 791757 cc: GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT Jonathan M. Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff Jonathan M.Etkowicz, Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 ... GRETCHEN A. DREWETT --- GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT HARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD MECHANICSBURG, PA 17050-4617 MECHANICSBURG, PA 17050-2069 i r:s ei;cf/i3 791757 i 2313 rOV 18 AX 9: WI • PHELAN HALLINAN,LLP • Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 .. • C U 1 S E R L A N D COUNTY 1617 JFK Boulevard, Suite 1400 'E fit: $Y LVA U I a One Penn Center Plaza • Philadelphia,PA 19103. • Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A.S/B/M TO • . 'CUMBERLAND COUNTY WACHOVIA BANK,N.A. Plaintiff, COURT OF COMMON PLEAS • v. CIVIL DIVISION • GRETCHEN A.DREWETT A/K/A GRETCHEN No.: 12-3455 CIVIL DREWETT HARRY C.DREWETT Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 //�/`/C7 Attorney for Plaintiff Date: ( '�j 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#791757 • WELLS FARGO BANK, N.A. SB/M TO WACHOVIA COURT OF COMMON PLEAS BANK,N.A. Plaintiff • CIVIL DIVISION • • • • v. NO.: 12-3455 CIVIL • GRETCHEN A.DREWETT A/K/A GRETCHEN • : • DREWETT •CUMBERLAND COUNTY HARRY C.DREWETT • Defendant(s) • • • • AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.SB/M TO WACHOVIA 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 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GRETCHEN A.DREWETT 444 BROOK CIRCLE, A/K/A GRETCHEN DREWETT MECHANICSBURG,PA 17050-4617 HARRY C.DREWETT 444 BROOK CIRCLE, MECHANICSBURG,PA 17050-4617 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) GRETCHEN A.DREWETT 444 BROOK CIRCLE A/K/A GRETCHEN DREWETT MECHANICSBURG,PA 17050-4617 HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 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) WELLS FARGO BANK,N.A.C/O 123 SOUTH BROAD STREET TERRENCE J.MCCABE,ESQUIRE STE 2080 PHILADELPHIA,PA 19109 WELLS FARGO BANK,NA. 1 HOME CAMPUS DES MOINES,IA 50328 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) WACHOVIA BANK,N.A. 301 SOUTH COLLEGE STREET VA 0343 CHARLOTTE,NC 28288 WACHOVIA BANK,N.A.ATTN:RETAIL P.O.BOX 50010 CREDIT SERVICING ROANOKE,VA 24022 PH#791757 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be • reasonably ascertained,please indicate) TOWNSHIP OF HAMPDEN 230 SOUTH.SPORTING HILL ROAD • MECHANICSBURG,PA 17055 • • TOWNSHIP OF HAMPDEN C/O KEITH ORR SNELBAKER&BRENNEMAN PC • BRENNEMAN,ESQUIRE 44 W MAIN STREET • • • MECIANICSBURG,PA 1'1055 • • 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the . • sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. • • • 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1205 JERUSALEM ROAD MECHANICSBURG,PA 17050-2069 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: (/r l7/ V By: fl%1A-C"._ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#791757 VVVVM ten, n::,X1W',3,:., 7 .,......., .. L 0 : t• • IF, Hit K *0- 1 g '1 Al ::. . .• . - r • . - Jli _ h g it 1 u4 1 4t .glat b — ° 8.!'1 $ ...1A kit 1 H >wo O '1 .. ra �, O 11 I itli ig '... z ,:.. . . a w o a 1- A4 "C Z:it € I U. fit. . 4 44 is 4 : ' t cn 44 — 194' 54 � az4« V g lit2 gilt 111 IV ..a:Z04 ta id 0,i= w 0 z 0 ..; Zi ' d lt. x 7au « x r„cn 1 ru+ 7►• ZtOZ SZ t.;0t6tt8£t000 4r;; . Mt ZO (1,9Z'900 £Ot6t d!Z I"a T- . as p- w ,- __ 7 �S 'r. v p 6.36.0,z;,3 lii Y'1■aJ .3.7VLi SY 1t�� Y zS GS.�•� 6 o Itlix • , = ; E .3 6 t. K V1f} Vpe1 'Edge VS �rq3• Vl pN ipt Ypl1 fCfi Yfa c, 1i▪ l. 4-e iR N N H Y9 N i9 X ipf' S2 i••• • r • �' o , 1 •• P. 1 • • • .t! ::' I 11 21 i x x i m $ $ UUg ' e in4y M - f 4 , 4 EE 4 9'4 .. A .� ;10t1 La 0 i I tj g y5�gi w w . .4 ge.s i i„, .., , 8 i l'O s , $ ..., i .1 ova A S 1.4 Est / 0 a-.121;,-.. 4- gtizt 1! 11 r i=caa :a 2 _ m ' M 14 t. p ! ,„ o. F LI; 43 p � a Qf Gam ' s 0 x xi ti C F l' 1 . . . ..: . . • . i . . . G4 t- : i M ▪ Do w .5 rn z E P4 4,1 mit fn n - n at a a .r 1 1 e2 r i ». x .N"s � ..: ' x ' sn Ns --,'="-,-,..,,, f m,YY ., ,-.--" uF THE PF; ,f11ar'to 145,f,,‘ ; 2014 JAN -2 Ateto: i CBER1_AND COUNTY PFNNSYt,VAN1A Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett • 12-3455-CIVIL Harry C. Drewett Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Wells Fargo Bank,NA S/B/M to Wachovia Bank,NA, by and through its counsel, Phelan Hallinan, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution for the following reasons: 1. The Plaintiff is Wells Fargo Bank,NA S/B/M to Wachovia Bank, NA,the holder of that certain Mortgage dated November 2, 2007 and recorded November 8, 2007 at Mortgage Instrument 200742402 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). A true and correct copy of the Mortgage, redacted to remove confidential information, is attached hereto,made part hereof, and marked as Exhibits"A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on May 29, 2012. Attached hereto,made a part hereof, and marked as Exhibit`B"is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on June 28, 2013, in the amount of$99,203.03. Attached hereto,made a part hereof, and marked as Exhibit"C"is a true and correct copy of the Praecipe for Default Judgment. 4. The Property was thereafter scheduled for the December 4,2013 Cumberland County Sheriff's Sale. 5. On October 24,2013,this Honorable Court granted Plaintiff's Motion to Reassess Damages in the amount of$115,470.51. A true and correct copy of the October 24, 2013 Order of Court is attached hereto,made part hereof, and marked as Exhibit"D." 6. On December 4, 2013,the premises located at 1205 Jerusalem Road,Mechanicsburg, PA 17050 (hereinafter"Property"), was sold at the Cumberland County Sheriff's Sale pursuant to the Writ of Execution to a third-party bidder for the amount of$121,901.00. 7. On or about December 30, 2013, in accordance with Pa.R.C.P. 3136(d),the Sheriff provided Plaintiff with a copy of its Schedule of Distribution,which distribution listed the Plaintiff as receiving$115,470.51 along with the $1,500.00 Deposit Refund. Attached hereto, made a part hereof and marked as Exhibit"E"is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Since the filing of the Motion to Reassess, on or about September 5, 2013, Plaintiff expended additional sums, including taxes,property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. Plaintiff's expenditures have inured to the benefit of all parties. 10. The total debt owed to Plaintiff is $117,460.40. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal Balance $ 89,658.26 Interest: $ 16,755.39 Escrow: $ 7,178.24 Corporate Advance $ 3,615.81 Late Charges $ 252.70 Balance due: $117,460.40 12. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of$117,460.40. 14. There are ample funds available to tender the full amount owed to Plaintiff without prejudicing other interested parties. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $117,460.40, and directing the Sheriff to pay the Plaintiff the balance due of $117,460.40 along with the Sheriff's Deposit Refund of$1,500.00. Re .ectfully submitted, P ELAN HALLIN• ► ' Date 7°\3\\13 By:A I_.._._1 _ A _ . L auren Tabas, Esquire Attorney for Plaintiff Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The Plaintiff is Wells Fargo Bank,NA S/B/M to Wachovia Bank,NA, the holder of that certain Mortgage dated November 2, 2007 and recorded November 8,2007 at Mortgage Instrument 200742402 in the Cumberland County Recorder's Office(hereinafter"Mortgage"). The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on May 29, 2012. Plaintiff obtained a Default Judgment on June 28, 2013, in the amount of$99,203.03. The Property was thereafter scheduled for the December 4, 2013 Cumberland County Sheriffs Sale. On October 24, 2013,this Honorable Court granted Plaintiffs Motion to Reassess Damages in the amount of$115,470.51. On December 4,2013,the premises located at 1205 Jerusalem Road, Mechanicsburg, PA 17050 (hereinafter"Property"),was sold at the Cumberland County Sheriff s Sale pursuant to the Writ of Execution to a third-party bidder for the amount of$121,901.00. On or about December 30, 2013, in accordance with Pa.R.C.P. 3136(d),the Sheriff provided Plaintiff with a copy of its Schedule of Distribution,which distribution listed the Plaintiff as receiving$115,470.51 along with the $1,500.00 Deposit Refund. Since the filing of the Motion to Reassess, on or about September 5, 2013, Plaintiff expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. Plaintiff's expenditures have inured to the benefit of all parties. The total debt owed to Plaintiff is $117,460.40. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders as the expenditures have inured to the benefit of all parties. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of$117,460.40, and directing the Sheriff to pay the Plaintiff the balance due of$117,460.40 along with the Sheriff's Deposit Refund of$1,500.00. Res -ctfillly submitted, LAN HALLINAN, LLP ( Date: I 1 3I By:1 2 �, 13 Lauren Tabas, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant ORDER AND NOW, this day of , 2012, upon consideration of Plaintiffs Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P. 3136(d), and any response thereto, it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the Sheriff's Sale of the property located at 1205 Jerusalem Road, Mechanicsburg, PA 17050 held on December 4, 2013 to be distributed first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distributed in the sum of $117,460.40,to the executing Plaintiff by and through its attorney, Phelan, Hallinan, LLP, along with the Sheriffs Deposit Refund of$1,500.00. J. Phelan Hallinan& Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Wells Fargo Bank, NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant CERTIFICATE OF SERVICE I, Lauren Tabas, Esquire, hereby certify that true and correct copies of the Plaintiffs Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate,were served upon the following by regular mail on the date indicated below: Gretchen A. Drewett Gretchen A. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg, PA 17050 Harry C. Drewett Harry C. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA 1 Home Campus Des Moines, IA 50328 Wells Fargo Bank,NA Wachovia Bank,NA C/o Terrence J. McCabe, Esquire 301 South College Street 123 South Broad Street, STE 2080 VA 0343 Philadelphia,PA 19109 Charlotte,NC 28288 Wachovia Bank,NA Township of Hampden Attn: Retail Credit Servicing 230 South Sporting Hill Road PO Box 50010 Mechanicsburg,PA 17055 Roanoke,VA 24022 Township of Hampden C/o Keith On Brenneman,Esquire Snelbaker&Brenneman,PC 44 W.Main Street Mechanicsburg,PA 17055 Riiespe tfuily submitted, P . AN HALLINAN, L P Dated: 1 (' '3 I • l � B y auren Tabas, Esquire Attorney for Plaintiff EXHIBIT "A" 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 3 OF 21 ROBERT P. ZIEGLER RECORDER OF DEEDS a. q CUMBERLAND COUNTY = , "`' .. 1 COURTHOUSE SQUARE a ' � ` �`„ CARLISLE, PA 17013 u"4. 717-240-6370 1 - (�� - i a ..� " fit?:= Instrument Number-200742402 Recorded On 11/8/2007 At 2:04:10 PM *Total Pages- 19 *Instrument Type-MORTGAGE Invoice Number-8493 User ID-KW *Mortgagor-DREWETT,GRETCHEN A *Mortgagee-WACHOVIA BANK N A *Customer-TRI-CTY *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $39.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $66.50 I Certify this to be recorded in Cumberland County PA ort C ,44 e • RECORDER OF D EDS into *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0009M U IlII1II 1I1 1 1 l 06/20/2011 6:59AM (GMT-07 : 00) L 1 yr c i 06/20/2011 6:58:57\ v -0700 ENTERPRISE FAX Ly t This Document Prepared By: Wachovia Bank, N.A. Retail Credit Servicing _ P.O.Box 50010 _ Roanoke. VA 24022 1-800-669-8887 When Recorded Return To: Wachovia Bank. N.A. - Retail Credit Servicing P.O. Box 50010 Roanoke.VA 24022 - 1-800-669-8887 Parcel No: _ (Space Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined elsewhere in this document. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument"means this document,which is dated 2 November, 2007 • (B) "Borrower"means the parties obligated on the Debt Instrument. (C) "Grantor" under this Security instrument is GRETCHEN A DREWETT AND HARRY C DREWETT POA GRETCHEN A DREWETT • Grantor is the mortgagor under this Security Instrument. (D) "Lender" is Wachovia Bank, National Association. Lender is a national banking association organized and existing under the laws of The United States of America. Lender's address is Wachovia Bank, National Association, 301 South College Street,VA 0343, Charlotte, N.C. 28288-0343. Lender is the mortgagee under this Security Instrument. (E) "Debt Instrument"means the promissory note signed by Borrower and dated 11/02/07 The Debt Instrument states that Lender is owed(U.S. $ 104487.26 ) plus interest to be repaid in regular Periodic Payments and in full not later than 11/21/22 • (F) "Property"means the property that is 1205 catedERUSALEM RD MECHANICSBURG PA t70g0 ('Property Address") and that is further described below under the heading`Transfer of Rights in the Property." 536666(Rev 09) 1 (09106)Pen ge 06/20/2011 6 :59AM (GMT-07 :00) 06/20/2011 6:58:57 AM —0700 ENTERPRISE FAX PAGE 1U ur z1 (G) "Loan" means all amounts owed now or hereafter under the Debt instrument, including without limitation principal, interest, any prepayment charges, late charges and other fees and charges due under the Debt Instrument, and also all sums due under this Security Instrument, plus interest. (H) "Applicable Law" means all controlling applicable federal law and, to the extent not preempted by federal law, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues,Fees,and Assessments"means all dues,fees, assessments and other charges that are imposed on Grantor or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. () damage to, or destruction of,the Property; (ii)condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M)"Periodic Payment" means the amounts as they become due for (i) principal, interest and other charges as provided for in the Debt Instrument, plus (ii) any amounts under Section 3 of this Security Instrument. (N) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan' even if the Loan does not qualify as a 'federally related mortgage loan'under RESPA. (0) "Successor in interest of Grantor"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Debt Instrument and/or this Security Instrument. TRANSFER OF RIGHTS iN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the Debt Instrument; and (ii) the performance of Grantor's covenants and agreements under this Security Instrument and Borrower's covenants and agreements under the Debt Instrument. For this purpose, Grantor does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND State of Pennsylvania: TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. If the Property is a multifamily(2-4 family)dwelling,then the following items now or hereafter attached to the Property to the extent they are fixtures are also covered by this Security instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in,on, or used,or intended to be used in connection with the Property,including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, 536666(Rev 09) 2 (09/0 Penney! 06/20/2011 6:59AM (GMT-07 :00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PACT.6 1W yr 41 washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the'Property? If the Property includes a unit in, together with an undivided interest in the common elements of a condominium project(the"Condominium Project")and if the owners association or other entity which acts for the Condominium Project (the°Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Grantor's interest in the Owners Association and the uses, proceeds and benefits of Grantor's interest. If the Property is a part of a planned unit development(the "PUD"), the Property also includes Grantor's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the'Owners Association")and the uses, benefits and proceeds of Grantor's interest. GRANTOR COVENANTS that Grantor is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Grantor warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. UNIFORM COVENANTS. Grantor and Lender covenant and agree as follows: 1. Payment of Principal, interest, Escrow Items, Prepayment and Other Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Debt instrument and any prepayment charges, late charges and other charges due under the Debt instrument. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Debt Instrument and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Debt Instrument or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Debt Instrument and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity; or(d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in (or in accordance with) the Debt Instrument or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14. Subject to Applicable Law, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. Payments shall be applied as permitted by applicable law and as provided in the Debt Instrument. 2. Application of Payments or Proceeds. Unless other procedures are set forth in the Debt Instrument or Applicable Law and as otherwise described in this Section 2,the following provisions in this Section 2 shall govern the application of payments and proceeds with respect to the Loan. All payments accepted and applied by Lender shall be applied in the folllowing order of priority: (a) interest due under the Debt Instrument; (b)principal due under the Debt Instrument; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Debt Instrument. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges and other charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Debt Instrument. 536666(Rev 09) 3 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6: 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 18 OF 21 • Unless other procedures are set forth in the Debt Instrument, any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Debt Instrument shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. The Lender does not require or provide for escrow at the time this Security Instrument is signed. Accordingly,the provisions of this Section 3 shall apply only if at any time any Escrow item, as described below and including any Community Association Dues, Fees, and Assessments, is not paid when due, and Lender gives Borrower notice that these provisions will thereafter apply. Until such notice is provided, Borrower shall have no obligation under this Section 3. When the escrow is established, Borrower shall pay to Lender for deposit in an escrow account such amounts (the "Funds") as permitted by applicable law. Thereafter, Borrower shall pay to Lender on the day Periodic Payments are due under the Debt Instrument, until the Debt Instrument is paid in full, a sum to be added to the Funds to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; and(c)premiums for any and all insurance required by Lender under Section 5. These items are called 'Escrow Items." Lender may require that Community Association Dues,Fees, and Assessments,if any, be escrowed by Borrower, and such Community Association Dues, Fees, and Assessments shall be an Escrow Item. Grantor or Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation,Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, if applicable, and (b) not to exceed the maximum amount a lender can require under RESPA, if applicable. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, if applicable. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,without charge, an annual accounting of the Funds as required by RESPA, if applicable. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA, if applicable. If RESPA is applicable and there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If RESPA is applicable and there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, 536666(Rev 09) 4 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6 :59AM (GMT-07 :00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 1 / Ur xl and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Grantor shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,they shall be paid in the manner provided in Section 3, if Borrower is obligated to do so under Section 3. Grantor shall promptly discharge any lien which has priority over this Security Instrument unless: (a) such lien was disclosed on the application for the Loan that Borrower provided to Lender or Grantor agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Grantor is performing such agreement; (b) Grantor contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) Grantor secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien that can attain priority over this Security Instrument and which was not disclosed on the application for the Loan that Borrower provided to Lender, Lender may give Grantor a notice identifying the lien. Within 10 days of the date on which that notice is given, Grantor shall satisfy the lien or take one or more of the actions satisfactory to Lender set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Grantor shall keep the improvements now existing or hereafter erected on the Property insured against toss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. If the Property is a multifamily (2-4 family) dwelling, Grantor shall also maintain insurance against rent loss. All such property insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's right to disapprove Grantor's choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Grantor. If Grantor fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Grantor, Grantor's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Grantor could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the rate applicable to the Debt Instrument from time to time, from the date of disbursement and shall be payable,with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee and Grantor further agrees to generally assign rights to insurance proceeds to the holder of the Debt Instrument up to the amount of the outstanding loan balance. If Lender requires, Grantor shall promptly give to Lender copies of all policies, renewal 536666(Rev 09) 5 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6:59AM (GMT-07 :00) 106/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 16 OF 11 certificates, receipts of paid premiums and renewal notices. If Grantor obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Grantor further agrees to generally assign rights to insurance proceeds to the holder of the Debt Instrument up to the amount of the outstanding loan balance. In the event of loss and subject to the rights of any lienholder with rights to insurance proceeds that are superior to Lender's rights, the following provisions in this Section 5 shall apply. Grantor shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Grantor. Unless Lender and Grantor otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Grantor shall not be paid out of the insurance proceeds and shall be the sole obligation of Grantor. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Grantor. Such insurance proceeds shall be applied in the order provided for in Section 2. If Grantor abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Grantor does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 21 or otherwise, Grantor hereby assigns to Lender(a)Grantor's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Debt instrument or this Security Instrument, and (b) any other of Grantor's rights (other than the right to any refund of unearned premiums paid by Grantor) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Debt Instrument or this Security Instrument, whether or not then due, subject to the rights of any lienholder with rights to insurance proceeds that are superior to Lender's rights. 6. Occupancy. Unless Grantor is a corporation, association or partnership, Grantor shall occupy, establish, and use the Property as Grantor's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Grantor's principal residence for at least one year after the date of occupancy, unless (a) Borrower has disclosed on the application for the Loan that Borrower provided to Lender that the Property shall not be Grantor's principal residence; (b) Lender otherwise agrees in writing, which consent shall not be unreasonably withheld; or(c) unless extenuating circumstances exist which are beyond Grantor's control. If Borrower indicated on the application for the Loan that the Property will be a second home and not Grantor's principal residence, then Grantor shall occupy, and shall only use, the Properly as Grantor's second home. Grantor shall keep the Property available for Grantor's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Grantor either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. This Section 6 does not apply if the Property is a multifamily (2-4 family) dwelling, unless Lender and Grantor otherwise agree in writing. 7. Preservation, Maintenance and Protection of the Property; Inspections. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Grantor is residing in the Property, Grantor shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is 536666(Rev 09) 6 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6 : 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PACir: 13 yr ci determined pursuant to Section 5 that repair or restoration is not economically feasible, Grantor shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Grantor shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Grantor is not relieved of Grantor's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Grantor notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or tailed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, (a) representations concerning Grantor's occupancy of the Property as Grantor's principal residence or second home and (b) liens on the Property that have priority over this Security Instrument. 9. Protection of Lender's interest in the Property and Rights Under this Security instrument. If (a) Grantor fails to perform the covenants and agreements contained in this Security Instrument or any obligation that is secured by a lien that is superior to this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of any lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c) Grantor has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the rate applicable to the Debt Instrument from time to time, from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Grantor shall comply with all the provisions of the lease. If Grantor acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as 536666(Rev 09) 7 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6: 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 14 OF 21 the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Grantor any interest or earnings on such Miscellaneous Proceeds. Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights, if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Grantor. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights, in the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Grantor. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Grantor and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b)the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights, any balance shall be paid to Grantor. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Grantor and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due,subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights. If the Property is abandoned by Grantor, or if, after notice by Lender to Grantor that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Grantor fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights. "Opposing Party" means the third party that owes Grantor Miscellaneous Proceeds or the party against whom Grantor has a right of action in regard to Miscellaneous Proceeds. Grantor shall be in default if any action or proceeding,whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Grantor can cure such a default and,if acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower shall not operate to release the liability of Grantor or any Successors in Interest of Grantor. Lender shall not be required to commence proceedings against any Successor in Interest of Grantor or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Grantor or any Successors in Interest of Grantor. Any forbearance by Lender in exercising any right or remedy including, without limitation, 536666(Rev 09) 8 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6: 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM —0700 ENTERPRISE FAX PAGE 13 OF 21 Lender's acceptance of payments from third persons, entities or Successors in Interest of Grantor or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 12. Joint and Several Uability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Grantor covenants and agrees that Grantor's obligations and liability shall be joint and several. However, any Grantor who signs this Security Instrument but is not a Borrower (i.e., a "co-signer"): (a) is signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Debt Instrument without the co-signer's consent. Subject to the provisions of Section 17, any Successor in Interest of Grantor who assumes Grantor's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Grantor's rights and benefits under this Security Instrument. Grantor shall not be released from Grantor's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may charge Borrower fees for services performed in connection with a default by either Borrower or Grantor, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including, but not limited to, attorneys'fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Debt Instrument or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Debt Instrument). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 14. Notices. Unless otherwise described in the Debt Instrument or in another agreement between Borrower and Lender or Grantor and Lender, the following provisions regarding notices shall apply. All notices given by Borrower, Grantor or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower or Grantor in connection with this Security Instrument shall be deemed to have been given when mailed by first class mail or when actually delivered to the notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. Notice to any one Grantor shall constitute notice to all Owners unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower or Grantor has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. Grantor shall promptly notify Lender of Grantor's change of address. If Lender specifies a procedure for reporting a change of address, then Borrower or Grantor shall only report a change of address through that specified procedure. There may be only one designated notice address for Borrower under the Loan at any one time. If no Borrower is also an Grantor there may be one additional designated notice address for Grantor. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower or Grantor. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by 536666(Rev 09) 9 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6:59AM (GMT-07 :00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 12 OF Zt Lender. if any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and, to the extent not preempted by federal law, the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Debt Instrument conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Debt Instrument which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; (c) the word "may" gives sole discretion without any obligation to take any action; and (d) headings that appear at the beginning of the sections of this Security Instrument are inserted for the convenience of the reader only, shall not be deemed to be a part of this Security Instrument,and shall not limit, extend,or delineate the scope or provisions of this Security Instrument. 16. Borrower's and Grantor's Copy. Borrower shall be given one copy of the Debt Instrument and of this Security Instrument. Any Grantor that is not also a Borrower shall also be given one copy of the Debt Instrument and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Grantor. As used in this Section 17, interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Grantor at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Grantor is not a natural person and a beneficial interest in Grantor is sold or transferred) without tender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Grantor notice of acceleration (and shall notify Borrower as well, if no Grantor is a Borrower). The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which all sums secured by this Security Instrument must be paid. If these sums are not paid to Lender prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower or Grantor. 18. Grantor's Right to Reinstate After Acceleration. If Grantor meets certain conditions and the Property is not a multifamily (2-4 family)dwelling, Grantor shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Grantor's right to reinstate; or(c) entry of a judgment enforcing this Security Instrument. Those conditions are that: (a) Lender is paid all sums which then would be due under this Security Instrument and the Debt Instrument as if no acceleration had occurred; (b) any default of any other covenant or agreement is cured; (a) all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument are paid to Lender; and (d) such action as Lender may reasonably require is taken to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that such reinstatement sums and expenses be paid in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement,this Security Instrument and obligations secured hereby shall remain fully effective as if no 536686(Rev 09) 10 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6: 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 11 OF 21 acceleration had occurred. However, Grantor shall have the right to reinstate only once in any 24-month period, and this right to reinstate shall not apply in the case of acceleration under Section 17. 19. Sale of Debt Instrument; Change of Loan Servicer; Notice of Grievance. The Debt Instrument or a partial interest in the Debt Instrument(together with this Security Instrument) can be sold one or more times without prior notice to either Grantor or Borrower. A sale might result in a change in the entity (known as the "Loan Servicer'') that collects Periodic Payments due under the Debt Instrument and this Security Instrument and performs other mortgage loan servicing obligations under the Debt Instrument, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Debt Instrument. If there is a change of the Loan Servicer, Borrower will be given written notice of the change. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will include any other information required by Applicable Law in connection with a notice of transfer of servicing. If the Debt Instrument is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Debt Instrument,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the purchaser of the Debt Instrument unless otherwise provided by the purchaser of the Debt Instrument. Neither Borrower, Grantor or Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower, Grantor or Lender has notified the other party (with such notice given in compliance with the requirements of Section 14) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period that must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given pursuant to Section 21 and the notice of acceleration given pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. If Borrower and Lender or Grantor and Lender have entered into an agreement to arbitrate disputes,the provisions of any such arbitration agreement shall supersede any provision in this Section 19 that would conflict with the arbitration agreement. 20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an"Environmental Condition"means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, the to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Grantor shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge, (b) any Environmental Condition, induding but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Grantor learns, or is notified 536666(Rev 09) 11 (09106)Pennsylvania Closed-End Mortgage 06/20/2011 6 : 59AM (GMT-07 : 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 10 OF 21 by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Grantor and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Grantor prior to acceleration following breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise). Lender shall notify Grantor of, among other things: (a) the default; (b)the action required to cure the default; (c)when the default must be cured; and (d)that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Grantor of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Grantor to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 23. Waivers. Grantor, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Grantor's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. The interest rate payable after a judgment is entered on the Debt Instrument or in an action of mortgage foreclosure shall be the rate payable from time to time under the Debt Instrument. 27. Multifamily Dwelling Covenants. If the Property is a multifamily(2-4 family)dwelling, the following lettered paragraphs are additional covenants of this Security Instrument: A. Use of Property; Compliance with Law. Grantor shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Grantor shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. B. Subordinate Liens. Except as permitted by federal law, Grantor shall not allow any lien inferior to this Security Instrument to be perfected against the Property without Lender's prior written permission. C. Assignment of Leases. Upon Lender's request after default, Grantor shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph C, the word lease" shall mean"sublease"if this Security Instrument is on a leasehold. D. Assignment of Rents;Appointment of Receiver; Lender in Possession. Grantor absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the 538666(Rev 09) 12 (09106)Pennsylvania Closed-End Mortgage 06/20/2011 6: 59AM (GMT-07: 00) 06/20/2011 6:58:57 AM —0700 ENTERPRISE FAX PAGE 9 OF 21 Properly, regardless of to whom the Rents of the Property are payable. Grantor authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lenders agents. However, Grantor shall receive the Rents until (i) Lender has given Grantor notice of default pursuant to Section 21 of this Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Grantor: (I) all Rents received by Grantor shall be held by Grantor as trustee for the benefd of Lender only, to be applied to the sums secured by this Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Grantor agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by this Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument pursuant to Section 9. Grantor represents and warrants that Grantor has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon,take control of or maintain the Property before or after giving notice of default to Grantor. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by this Security Instrument are paid in full. E. Cross-Default. Borrower's or Grantor's default or breach under any note or agreement in which Lender has an interest shall be a breach under this Security Instrument and Lender may invoke any of the remedies permitted by this Security Instrument. 28. Condominium and PUD Covenants. If the Property is a unit in a Condominium Project or a Planned Unit Development, the following lettered paragraphs are additional covenants of this Security Instrument: A. PUD or Condominium Obligations. Grantor shall perform all of Grantor's obligations under the Constituent Documents of the PUD or the Condominium Project,as applicable. If the Property is part of a PUD, the "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association;and(iii)any by-laws or other rules or regulations of the Owners Association. If the Property is part of a Condominium Project, the "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. In either case, Grantor shall promptly pay,when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a"master" or`blanket"policy insuring the Property located within the Condominium Project or PUD, as applicable,which is satisfactory to Lender and which provides insurance coverage in the amounts(including deductible levels),for the periods, and against loss by fire, hazards included within the term"extended coverage,"and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the 538668(Rev 09) 13 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6:59AM (GMT-07: 00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 8 OF 21 Property; and (ii)Grantor's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Grantor shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the condominium unit or to the common elements of the Condominium Project, or,if the Property is part of a PUD,to common areas and facilities of the PUD, any proceeds payable to Grantor are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Grantor. C. Public Liability Insurance. Grantor shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Grantor in connection with any condemnation or other taking of all or any part of the Property, whether to the condominium unit or to the common elements of the Condominium Project, or, if the Property is part of a PUD or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by this Security Instrument as provided in Section 10. E. Lender's Prior Consent. Grantor shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; {ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender, (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Grantor does not pay condominium or PUD dues and assessments when due,then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the rate provided in the Debt Instrument and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 29. Grantor's Representations. If Grantor is not an individual, Grantor represents that it is a corporation, general partnership, limited partnership, limited liability company or other legal entity, duly organized, validly existing and in good standing under the laws of the state of organization, and it is authorized to do business in each other jurisdiction where its ownership of property or conduct of business legally requires such authorization;it has the power and authority to own its property and assets and carry on my business as now being conducted and contemplated; and it has the power and authority to execute, deliver and perform, and it has taken all necessary action to authorize the execution, delivery and performance of this deed of trust and all related documents. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender at Wachovia Bank, National Association, Retail Credit Servicing, P.O. Box 50010, Roanoke, VA 24022 of any default under the superior encumbrance and of any sale or other foreclosure action. 536666(Rev 09) 14 (09106)Pennsylvania Closed-End Mortgage 06/20/2011 6 :59AM (GMT-07 :00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 7 OF 21 • BY SIGNING BELOW,Grantor accepts and agrees to the terms and covenants contained in this Security Instrument. For Individual Grant (Seal) (Seal) Grantor GRETCHEN A DREWETT Grantor (Lrt " ' (Seal) (Seal) Grantor HARRY C DREWETT Grantor jAtGThv..-----��� ' (Seep (Seal) Grantor POA GRETCHEN A DREWETT Grantor It is hereby certified that the address of Lender(Mortgagee)is: Wachovia Bank. National Association. 301 South Collecre Street. VA 0343, Charlotte. North Carolina 28288-0343. Signature of Lender's employee verifying true and correct residence `1 .1��� tt-4'.ra..)"A t'Ct,` > lJ For Non-Individual Grantors: Grantor By: By: Title: Title: By: By: Title: Title: 536666(Rev 09) 15 (09/06)Pennsylvan' 06/20/2011 6 :59AM (GMT-07 :00) 106/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 6 OF 21 For an Individual(on individual's own behalf or as a sole proprietor): State of PG-A/N...IWO ti/n County of C u retiAn) On this, the g day of We \\ !'( , 2001 before me, the undersigned officer, personally appeared GRETCHEN A DREWETT HARRY C DREWETT POA GRETCHEN A DREWETT known to me (or satisfactorily proven)to betlas person(s) whose name(s)is/ re subscribed to the within instrument, and acknowledged that he/she heyxecuted the same for the purposes therein contained. I witness wh eof, I hereunto set my hand and official seal. \\(\. (Place Notary Stamp Here) 7isna - f No ry Puublic tu \ h• A,` COMMONWEALTH 0I PENNSYLVANIA inted tlS�(ame Notarial Seal Judy K Smith,Notary Public \stlf �u� Camp lit Born,Gxnberland County Title o f O f f i c e r My Con ion Evires M T.25,2008 Member,Pennsytvsr.ia Associerion Of Notaries My Commission expires: 3— `J-oc! For a Corporation or Limited Liability Company: State of County of On this, the_ day of , 20 before me the undersigned officer, personally appeared who acknowledged himself to be the of , a corporation/limited liability company and that he as such being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as In witness whereof, I hereunto set my hand and official seal. (Place Notary Stamp Here) Signature of Notary Public Print Name Title of Officer My commission expires: 536666(Rev 09) 16 (09106)Pennsylvania Closed-End Mortgage 06/20/2011 6:59AM (GMT-07 :00) 06/20/2011 6:58:57 AM -0700 ENTERPRISE FAX PAGE 5 OF 21 For a Partnership,Limited Partnership,or Limited Liability Partnership: State of County of The foregoing instrument was acknowledged before me the day of 20 , by (name of acknowledging partner), on behalf of (name of partnership), a partnership/limited partnership/limited liability partnership. (Place Notary Stamp Here) Signature of Notary Public Print Name Title of Officer My commission expires: 536668(Rev 09) 17 (09/06)Pennsylvania Closed-End Mortgage 06/20/2011 6 :59AM (GMT-07 : 00) i FIRST AMERICAN TITLE INSURANCE CO. Commitment Number; DRE83-97(R) SCHEDULE C PROPERTY DESCRIPTION The and referred to in this Commitment is described as follows: ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania,the first is bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974,as follows, to wit: TRACT NO, 1: BEGINNING at a stake on the west side of Jerusalem Road, said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road; thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No. 10 and 11 on hereafter mentioned plan;thence by same South 44 degrees 42 minutes West a distance of of 150.00 feet to a stake at other lands N/F of James E. Grandon;thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. 11 and 12;thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake,the point and place of BEGINNING. TRACT NO. 2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot#10 and lands now or formerly of Russel Braumwell; thence by lands N/F of Russel Braumwell, South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot#10 and lands N/F of James E. Grandon,Jr.; thence by lands N/F of James E. Grandon,Jr., South 44 degrees 42 minutes 00 seconds West a distance of 137.54 feet to a concrete monument; thence by the same, North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot#10 and Lot#11;thence by said dividing line, North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road;thence by the same, South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument,the point and place of BEGINNING. ALTA Commitment Schedule C (DRE83-97(R).PFD/DRE83.97(R)/3) 05/09/2012 9:33:13 AM CUMBERLAND COUNTY Inst.#200742402-Page 18 of 19 EXHIBIT "B" Supreme Court of Pennsylvania , CO44 Cour qb Pleas For Prothonotary Use Only: CLJ `l " County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules ra/'court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: GRETCHEN A. DREWET'T A/K/A T S/B/M TO WACHOVIA BANK,N.A. GRETCHEN DREWETT Are money damages requested? ❑ Yes No Dollar Amount Requested: CI within arbitration limits Q (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes © No A Name of Plaintiff/Appellant's Attorney: Phelan Hallinan&Schmieg,_LLP ❑ Check here if you have no attorney(are a Self-Represented (Pro Se] 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 making 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 D Intentional 0 Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑ Debt Collection:Credit Card 0 Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections D Nuisance ❑ Dept. of Transportation D Premises Liability ❑ Statutory Appeal: Other D Product Liability (does not S include mass tort) 0 Employment Dispute: D Slander/Libel/Defamation Discrimination E ❑Other: 0 Employment Dispute:Other ❑Zoning Board C — D Other: MASS TORT 0 Other: 0 D Asbestos jv ❑Tobacco ___......_............_.... __.._........._..__._.__.._. D Toxic Tort-DES �° .� ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste 0 Ejectment ❑Common Law/Statutory Arbitration $ ❑ Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment O Ground Rent ❑ Mandamus _ ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY D Mortgage Foreclosure:Commercial 0 Quo Warranto ❑Dental D Partition 0 Replevin ❑Legal D Quiet Title ❑ Other: ❑Medical ❑Other: ❑Other Professional: _. s Pa.R.C.P. 205.5 Updated 01/01/2011 F FILED-OFFICE HONARY' 2012FMMY 29 AM 9: 23 CUMBERLAND COUNTY. PENNSYLVANIA PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM nn v. NO. la- 5‘155 I.LVl1 GRETCHEN A.DREWETT A/KJA GRETCHEN DREWETT CUMBERLAND COUNTY HARRY C.DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 297995 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#: 297995 1. Plaintiff is WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT HARRY C. DREWETT 444 BROOK CIRCLE MECHANICSBURG,PA 17050-4617 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 1 1/02/2007 GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT and HARRY C. DREWETT BY GRETCHEN A. DREWETT A/K/A GRETCHEN DREWETT made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200742402. 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 01/21/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fife# 297995 6. The following amounts are due on the mortgage as of 05/17/2012: Principal Balance $89,658.26 Interest $7,971.47 Through 05/17/2012 Late Charges $252.70 Property Inspections $15.00 Escrow Deficit $2,214.35 Suspense Balance ($908.75) TOTAL $99,203.03 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 rem judgment against the Defendant(s) in the sum of $99,203.03, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN l 1 r _1L.[Ni N & SCHMIEG, LLP By: ., ►�,�► Robert ; 1 Cusick,Esquire Id.,No.80193 Attorney for Plaintiff rile#: 297995 LEGAL DESCRIPTION ALL THOSE CERTAIN TWO tracts of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania,the first is bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit: TRACT NO. 1: BEGINNING at a stake on the west side of Jerusalem Road, said stake being located 104.15 feet south of the southwestern intersection of a proposed 50 foot wide street and Jerusalem Road; thence by the same South 45 degrees 18 minutes East a distance of 103.15 feet to the dividing line between Lots No. 10 and 11 on hereafter mentioned plan; thence by same South 44 degrees 42 minutes West a distance of of 150.00 feet to a stake at other lands N/F of James E. Grandon; thence by the same North 45 degrees 18 minutes West a distance of 103.15 feet to a stake at the dividing line between Lots No. 11 and 12; thence by the same North 44 degrees 42 minutes East a distance of 150.00 feet to a stake, the point and place of BEGINNING. TRACT NO. 2: BEGINNING at a concrete monument located on the southern right of way line of Jerusalem Road and at the dividing line between Lot#10 and lands now or formerly of Russel Braumwell; thence by lands N/F of Russel Braumwell, South 67 degrees 49 minutes 00 seconds West a distance of 13.54 feet to a concrete monument at the dividing line between Lot#10 and lands N/F of James E. Grandon, Jr.;thence by lands N/F of James E. Grandon, Jr., South 44 degrees 42 File ii: 297995 minutes 00 seconds West a distance of 137.54 feet to a concrete monument; thence by the same, North 45 degrees 18 minutes 00 seconds West a distance of 99.83 feet to a point at the dividing line between Lot#10 and Lot#11; thence by said dividing line,North 44 degrees 42 minutes 00 seconds East a distance of 150.00 feet to a point on the southern right of way line of Jerusalem Road; thence by the same, South 45 degrees 18 minutes 00 seconds East a distance of 105.15 feet to a concrete monument, the point and place of BEGINNING. PROPERTY ADDRESS: 1205 JERUSALEM ROAD,MECHANICSBURG, PA 17050- 2069 PARCEL# 10-16-1060-026. File#: 297995 VERIFICATION Varsha Thacker, hereby states that h: s Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that hive 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 hisa formation 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: Varsha Thacker DATE: Title: Vice President Loan Documentation PHS: 297995 032-PA-V3 EXHIBIT "C" 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 215-563-7000 WELLS FARGO BANK,N.A.SB/M TO : CUMBERLAND COUNTY WACHOVIA BANK,N.A. COURT OF COMMON PLEAS _-n- vs. rn r c CIVIL DIVISION z a GRETCHEN A.DREWETT 'y A/K/A GRETCHEN DREWETT . No.12-3455 CIVIL r..•Z =-*1 HARRY C.DREWETT y C c:;) 2 • • Zo ca or. PRAECIPE FOR IN REM Jurialiff "w ' t URE TO C...1 ANSWER AND ASSESSMISWEINCIAMGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT and HARRY C.DREWETT,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 $99,203.03 TOTAL A pRI"Cle 99,203.03 • I hereby certify that(1)the Defendants'last known addresses are 444 BROOK CIRCLE, MECHANICSBURG,PA 17050-4617 and 1205 JERUSALEM ROAD,MECHANICSBURG, PA 17050-2069, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. ` Date vi�-/1/ �/ ���`�iL► �^� Adam H.Davis,Esq.,Id.No.203034 Attorne f laintiff OA/ DAMAGES ARE I REBY ASSESSED AS nsimoilifi DATE: / :e, 3 & pHs#297995 PROTHONOTARY 297995 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A.S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK,N.A. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION GRETCHEN A.DREWETT : No.12-3455 CIVIL A/K/A GRETCHEN DREWETT HARRY C.DREWETT AFFIDAVIT OF NON-MII.ITAR ; A The undersigned attorney hereby verifies that•he/she is the attorney for the Plaintiff in the above-captioned matter,and that on information and belief,he/she has knowledge of the following facts,to wit: (a) that the defendant(s)is/are not in the Military or of the United States or its Allies,or otherwise within the provisions of 0.1. Civil Relief Act of Congress of 1940, as amended. 10$ (b) that defendant GRETCHEN A.DREWETT A/K/A GRETCHEN DREWETT is over 18 years of age and has last known addresses at 444 BROOK CIRCLE, MECHANICSBURG,PA 17050-4617 and 1205 JERUSALEM ROAD,MECHANICSBURG, PA 17050-2069. (c) that defendant HARRY C.DREWETT is over( and has last known addresses at 444 BROOK CIRCLE,MECHANICSBU�t,, ■• .1 ei.7 and 1205 JERUSALEM ROAD,MECHANICSBURG,PA 17050-2069: This statement is made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unworn falsification to authorities. Date (/27/13 Aerts0144 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 297995 EXHIBIT "D" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK, N.A. S/B/M 'TO Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff Civil Division v. CUMBERLAND County (:1 : GRETCIIEN A. DREWETT No.: 12-3455 C:11471I, A/KIA GREITCHEN DREWErf HARRY C, DREWETT :Defendants ORDER ANt) NOW, this "- day of_e_rs6,142-tr , 2013 the Prothonotary is ORDt,i',REDaii/ amend the in rem judgment and the Sheriff is ORDERED to amend the mit none pm tune in this ease as follows: Principal Balance $89,658.26 Interest'Though October 6,2013 $15,840.58 Late Charges $252.70 Legal fees $E875.00 Cost of Suit and Title $879.75 Property Inspections $315.00 Property Preservation $222.98 Escrow to be paid $537.00 :Escrow Deficit $5,889.24 TOTAL 5115,470.51 Pius interest at six percent per annum. Note: The above figure is not a payoff gliote, Sheriffs commission is not included in the irbove figure. BY LH COURT / • //1 ,/-71 791757 cc: GRETCHEN A. DREWETT A/KIA GRE1 CI1EN DREWETE HARRY C. DREWETT Jonathan M. Etkowicz.Esq., a No.208786 Attorney for Plaintiff Jonathan NI. Etkowicz,Esq., Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 GRETCHEN A. DIUFMETT GRETCHEN A. DREWETT AIKIA GRETCHEN DREWETT AfKiA GRETUIEN DRE WIT rr HARRY C. DREWETT I1ARRY C. DREWETT 444 BROOK CIRCLE 1205 JERUSALEM ROAD MECHANICSBURG, PA 17050-4617 MECHANICSBURG, PA 17050-2069 75; EXHIBIT "E" • • Disbursements: - Sheriffs Costs $ 3,486.98 Legal Search 700.00 Transfer Tax (Local) 2,069.98 Transfer Tax(State) 2,069.98 Hampden Township Commissioners 2,228.81 Attorney Joseph Schalk 1,500.00 i Wells Fargo Bank,N.A., SB/M to 115,470.51 Wachovia Bank,N.A. (2012-3455 Civil Term) Wells Fargo Bank,N.A. 11,312.72 • (2013-5618) Total Disbursements: ($138,838.98) Balance for distribution: 00.00 So Answers: a . Ronny R. Anderson - ° • Sheriff PROPOSED SCHEDULE•OF DISTRIBUTION Date Filed: December 30,2013 Writ No. 2012-3455 Civil Term • Wells Fargo Bank,N.A. S/B/M to Wachovia Bank,N.A. Vs Gretchen A.Drewett,A/K/A Gretchen Drewett Harry C. Drewett • Sale Date: December 4,2013 Buyer: McCabe, Weisberg&Conway Total Amount Due pursuant to Court Order $115,470.51 DISTRIBUTION: Receipts: Cash on Account(09/09/2013): $ 1,500.00 Cash on Account(12/04/2013): 12,190.00 Cash on Account(12/11/2013) 125,148.98 Total Receipts: $ 138,838.98 • • • 9' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank, NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant RULE AND NOW, this day of 0 , , 2013, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. 2-0 (Rai' aftr RULE RETURNABLE the cIP*-14f By the Co rt: J. a 0. i9-1 ‘-rgL,,s G.. CT es inzstek 1 - -e „A- (1) Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant Distribution List: Gretchen A. Drewett Gretchen A. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Harry C.Drewett Harry C. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA 1 Home Campus Wachovia Bank,NA Des Moines,IA 50328 301 South College Street VA 0343 Wells Fargo Bank,NA Charlotte,NC 28288 C/o Terrence J.McCabe,Esquire 123 South Broad Street, S'1'E 2080 Township of Hampden Philadelphia,PA 19109 230 South Sporting Hill Road Mechanicsburg, PA 17055 Wachovia Bank,NA Attn: Retail Credit Servicing Township of Hampden PO Box 50010 C/o Keith On Brenneman,Esquire Roanoke,VA 24022 Snelbaker&Brenneman,PC 44 W. Main Street Mechanicsburg,PA 17055 Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant CERTIFICATE OF SERVICE I,Lauren Tabas, Esquire, hereby certify that true and correct copies of the Rule Returnable for Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certificate,were served upon the following by regular mail on the date indicated below: Gretchen A. Drewett Gretchen A.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Harry C.Drewett Harry C.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA Wachovia Bank,NA 1 Home Campus 301 South College Street Des Moines,IA 50328 VA 0343 Charlotte,NC 28288 Wells Fargo Bank,NA C/o Terrence J.McCabe,Esquire Township of Hampden 123 South Broad Street, STE 2080 230 South Sporting Hill Road Philadelphia,PA 19109 Mechanicsburg,PA 17055 Wachovia Bank,NA Township of Hampden Attn: Retail Credit Servicing C/o Keith Orr Brenneman,Esquire PO Box 50010 Snelbaker&Brenneman,PC Roanoke,VA 24022 44 W.Main Street Mechanicsburg,PA 17055 Respec y submitted, E i HALLINAN,_LLP Dated: y: a{iren Tabas, Esquire Attorney for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,NA SB/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant RULE AND NOW, this �� day of , 2013, a Rule is .- entered upon the Defendant and all interested parties to show cause why the attached:Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. RULE RETURNABLE tLe , By the Co rt: J. i Wells Fargo Bank,NA SB/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant Distribution List: Gretchen A.Drewett Gretchen A. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg, PA 17050 Mechanicsburg,PA 17050 Harry C. Drewett arty C. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg, PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA 1 Home Campus Wachovia Bank,NA Des Moines, IA 50328 301 South College Street VA 0343 Wells Fargo Bank,NA Charlotte,NC 28288 C/o Terrence J. McCabe,Esquire 123 South Broad Street, STE 2080 Township of Hampden Philadelphia,PA 19109 230 South Sporting Hill Road Mechanicsburg,PA 17055 Wachovia Bank,NA Attn: Retail Credit Servicing Township of Hampden O Box 50010 C/o Keith Orr Brenneman,Esquire Roanoke,VA 24022 Snelbaker&Brenneman,PC 44 W.Main Street Mechanicsburg, PA 17055 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4=`I! r a Sheriff _� a trctt"�t�rrGr/ I t t s'° t` ii��iz+. tt t fTl,t Jody S Smith ,� Chief Deputy �� 2 Richard W Stewart °A Solicitor QFFiCE OF HE SHERIFF CUMBERLAND COUNT' PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number Gretchen A. Drewett(et al.) 2012-3455 SHERIFF'S RETURN OF SERVICE 09/30/2013 04:15 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Harry C. Drewett at 444 Brook Circle, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 09/30/2013 04:15 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gretchen A. Drewett at 444 Brook Circle, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 09/30/2013 06:04 PM -Deputy Shawn Gutshall, 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 1205 Jerusalem Road, Hampden -Township, Mechanicsburg, PA 17050, Cumberland County. 09/30/2013 06:04 PM -Deputy Shawn Gutshall, 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 1205 Jerusalem Road, Hampden -Township, Mechanicsburg, PA 17050, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$129,901.00 to Attorney Joseph Schalk on behalf of Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of$ 12/30/2013 Proposed Schedule Of Distribution Posted, all parties notified. 01/06/2014 Exceptions to Proposed Schedule of Distribution filed in Sheriff's Office on 01/02/14. SHERIFF COST: $1,588.96 SO ANSWERS, January 15, 2014 RONIV ANDERSON, SHERIFF 9f'O j. eie ,„SD CountySultc.Sheri K:Telecson..Inc. M7+ fs�.0 3 ob.7G • On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 1205 Jerusalem Road, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: December 30, 2013 Writ No. 2012-3455 Civil Term Wells Fargo Bank, N.A. S/B/M to Wachovia Bank, N.A. Vs Gretchen A. Drewett, A/K/A Gretchen Drewett Harry C. Drewett Sale Date: December 4, 2013 Buyer: McCabe, Weisberg & Conway Total Amount Due pursuant to Court Order $115,470.51 DISTRIBUTION: Receipts: Cash on Account (09/09/2013): $ 1,500.00 Cash on Account (12/04/2013): 12,190.00 Cash on Account (12/11/2013) 125,148.98 Total Receipts: $ 138,838.98 .. • Disbursements: Sheriffs Costs $ 3,486.98 Legal Search 700.00 Transfer Tax (Local) 2,069.98 Transfer Tax (State) 2,069.98 Hampden Township Commissioners 2,228.81 Attorney Joseph Schalk 1,500.00 Wells Fargo Bank, N.A., S/B/M to 115,470.51 Wachovia Bank, N.A. (2012-3455 Civil Term) Wells Fargo Bank,N.A. 11,312.72 (2013-5618) Total Disbursements: ($138,838.98) Balance for distribution: 00.00 So Answers: • 1 Ronny R. Anderson Sheriff 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 Wells Fargo Bank, N.A. is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 28th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3455, at the suit of Wells Fargo Bank, N.A. against Gretchen A. Drewett a/k/a Gretchen Drewett and Harry C. Drewett is duly recorded as Instrument Number 201401505. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , ,7/ day of i 4,/ .� , A.D. __ s/ I \Jain"�r / 49, 4 ice, .A RecadE�+ 1 a 6Ca' "4 ron Expires the First Monday of ;,,t 8 �of Deeds,Cumberland County,Car8S}e,PA My Commission Expires the First Monday of Jan.2018 2�l4 FEB - 4M 10: 24 C"SERLAtjD COUNTS , PENNSYLVANIA Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Wells Fargo Bank, NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff,by and through its attorney,Phelan Hallinan, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on January 6, 2014, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d)to the Schedule of Distribution of Sale held on December 4, 2013, with the Court on January 2, 2014. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on January 6,2014 to show cause why the Plaintiffs Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit"A." 3) The Rule to Show Cause was forwarded to all parties at their last known address by Plaintiff on January 17,2014. A true and correct copy of the certificate of service and proof of mailing are attached hereto, made a part hereof, and marked as Exhibit"B". 4) Defendants and all interested parties have failed to respond or otherwise plead by the Rule Returnable date of February 6, 2014. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on January 6, 2014, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d)to the Schedule of Distribution of Sale held on December 4, 2013. / Respectfully submitted, ELAN HALLINAN, LLP Date: "� r Y: Lauren Tabas, Esquire Attorney for Plaintiff Phelan Hallinan& Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215)563-7000 Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant CERTIFICATE OF SERVICE 1,Lauren Tabas, Esquire,hereby certify that true and correct copies of the Rule Returnable for Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d)and this Certificate,were served upon the following by regular mail on the date indicated below: Gretchen A. Drewett Gretchen A.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Harry C.Drewett Harry C.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA Wachovia Bank,NA 1 Home Campus 301 South College Street Des Moines,IA 50328 VA 0343 Charlotte,NC 28288 Wells Fargo Bank,NA C/o Terrence J.McCabe,Esquire Township of Hampden 123 South Broad Street, STE 2080 230 South Sporting Hill Road Philadelphia,PA 19109 Mechanicsburg,PA 17055 Wachovia Bank,NA Township of Hampden Attn: Retail Credit Servicing C/o Keith Orr Brenneman,Esquire PO Box 50010 Snelbaker&Brenneman,PC Roanoke,VA 24022 44 W.Main Street Mechanicsburg,PA 17055 espe tfully submitted, HE A HALLINAN, LLP_ Dated Ul/ By: I1 uren Tabas, Esquire Attorney for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,NA SB/M to Wachovia . : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County,Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant RULE AND NOW, this �~ day of , 2013, a Rule is entered upon the Defendant and all interested parties to show cause why the attached:Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. RULE RETURNABLE thn _ By the Co rt: J. C�^ts ^4 C co �a pFhySYCp VA Phelan Hallinan&Schmieg,LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215)563-7000 Wells Fargo Bank,NA SB/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett ; 12-3455-CIVIL Harry C. Drewett Defendant CERTIFICATE OF SERVICE T,Lauren Tabas, Esquire, hereby certify that true and correct copies of the Rule Returnable for Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d)and this Certificate,were served upon the following by regular mail on the date indicated below: Gretchen A.Drewett Gretchen A.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Harry C.Drewett Harry C.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA Wachovia Bank,NA 1 Home Campus 301 South College Street Des Moines,IA 50328 VA 0343 Charlotte,NC 28288 Wells Fargo Bank,NA C/o Terrence J.McCabe,Esquire Township of Hampden 123 South Broad Street,STE 2080 230 South Sporting Hill Road Philadelphia,PA 19109 Mechanicsburg,PA 17055 Wachovia Bank,NA Township of Hampden Attn:Retail Credit Servicing C/o Keith Orr Brenneman,Esquire PO Box 50010 Snelbaker&Brenneman,PC Roanoke,VA 24022 44 W.Main Street Mechanicsburg,PA 17055 RespecVQy submitted, E I&1N HALLINAN,_LLP Dated: y:A ( en Tabas, Esquire Attorney for Plaintiff ,,toe tt tvdresttest000 f s'tsi2 • v~i 4.. a F 0. Q tv CIO U��N•• �� � .. H W .N., `.`�+ �u3 d. xo wMo `a c� L� V Z o.a?:� 2 92 =Irl Hx u�• v 1 i u, O in Tw- d .....""..` �.....��"...�' Z ! a r, 44pZ L4 rror 4ettsmioza 'rr � Ogg-zoo s SOW diz s3h+os A3N.Ud{<3Db1SOd by ltlaa..�/ v 0 a a >n 0. 6 a 0 a W o X04 00 C�� U W4 t� , W Z G cn h 0 °� . •� e OcL � C > U OM Ctn p t"a z Z < o F E LL.Q-Cry.iCr. PRO1HO jOTARY 2O€4 FEB 18 All 18= 24 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant ORDER AND NOW, this /3' day of FA•tr) , 2014, upon consideration of Sheriff Sale Distribution Pursuant to Pa.R.C.P. 3136 d and an Plaintiff s Exceptions to Sher s ( ), any response thereto, it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the Sheriffs Sale of the property located at 1205 Jerusalem Road, Mechanicsburg, PA 17050 held on December 4, 2013 to be distributed first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distributed in the sum of $117,460.40,to the executing Plaintiff by and through its attorney, Phelan, Hallinan, LLP,along • with the Sheriffs Deposit Refund of$1,500.00. 9c,f, s'ese filirle /((t. 04Yel_ Zlast)4 WavAt-Irlectpcii J. Wells Fargo Bank,NA S/B/M to Wachovia : Court Of Common Pleas Bank,NA Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Gretchen A. Drewett : 12-3455-CIVIL Harry C. Drewett Defendant Distribution List: Gretchen A. Drewett Gretchen A. Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Harry C.Drewett Harry C.Drewett 1205 Jerusalem Road 444 Brook Circle Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 Tenant/Occupant Office of the Sheriff 1205 Jerusalem Road Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Wells Fargo Bank,NA 1 Home Campus Wachovia Bank,NA Des Moines,IA 50328 301 South College Street VA 0343 Wells Fargo Bank,NA Charlotte,NC 28288 C/o Terrence J.McCabe,Esquire 123 South Broad Street, STE 2080 Township of Hampden Philadelphia,PA 19109 230 South Sporting Hill Road Mechanicsburg,PA 17055 Wachovia Bank,NA Attn: Retail Credit Servicing Township of Hampden PO Box 50010 C/o Keith Orr Brenneman,Esquire Roanoke,VA 24022 Snelbaker&Brenneman,PC 44 W.Main Street Mechanicsburg,PA 17055