HomeMy WebLinkAbout12-3969`y 1J 1 ?9?YU I:
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PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
ATTORNEY FOR PLAINTIFF
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff
KAREN R. AGAR
351 EAST LOUTHER STREET
CARLISLE, PA 17013
Defendant
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
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NO.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 286178
(3)
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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 #: 286178
Plaintiff is
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
KAREN R. AGAR
351 EAST LOUTHER STREET
CARLISLE, PA 17013
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 12/15/2006 KAREN R. AGAR made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR PENN NATIONAL
FINANCIAL which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1976, Page 2352. By Assignment of
Mortgage recorded 11/17/2011 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201131973. 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 08/01/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
File #: 286178
by written notice sent to Mortgagor, the entire principal balance and all interest due
6
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 06/07/2012:
Principal Balance $86,828.07
Interest $5,164.96
Through 06/07/2012
Late Charges $115.00
Property Preservation $222.50
Property Inspections $155.00
Escrow Deficit $2,664.66
TOTAL $95,150.19
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.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on
the date(s) set forth thereon.
File #: 286178
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$95,150.19, 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 HAJ.LANIt-SCHMIEG, LLP
Attorney for
File #: 286178
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate in the
Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, bounded and
described, as follows, to wit:
ON the south by East Louther Street; on the east by lot now or formerly of Hubert
Cullison; on the north by an alley; and on the west by lot now or formerly of Charles Sperow.
Containing 17 feet and 6 inches in front on said East Louther Street and extending back an even
width 120 feet to the aforesaid alley, and having thereon erected a two and one-half story
dwelling and necessary outbuildings, known and numbered as 351 East Louther Street.
UNDER AND SUBJECT to existing covenants, agreements, conditions, easements,
restrictions and rights of record, to the extent valid and enforceable and still applicable to the
above-described premises.
PROPERTY ADDRESS: 351 EAST LOUTHER STREET, CARLISLE, PA 17013-2530
PARCEL # 02-21-0318-123
File #: 286178
VERIFICATION
Jorge Cruz, hereby states thatei /she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that Eshe is authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of6her information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
-?AA
Name:
DATE: 6/14/2012 Title: 1 e President Loan Documentation
NAME: AGAR
FILE #: 286178
032-PA-V3
WELLS FARGO BANK, N.A.
Plaintiff(s)
vs.
KAREN R. AGAR
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSTLVANIA
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU`E-
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at
(717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not
charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all the requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an
attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward,
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Date
Resp7T;-
Signature of ounsel for Plaintiff
6W KO*
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your . Please provide the following information to the best of
your knowledge:
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different):
City: State: Zip: _
Phone Numbers: Home: Office:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Loan Number:
Second Mortgage Lender:
Cell:
Other:
How long?
State: Zip:
Home: Office:
Cell: Other:
How long?
Date you Closed Your Loan:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Type of Loan:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #I: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:_
owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Borrower Pay Days:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mort a e Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Expenses
Year:
Year:
Year: Amount
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes E] No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for
possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the
above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
a??rtitr at ??EinGr?r???
Jody S Smith ; 2 Jj 1 16 A 6: h e
Chief Deputy
Richard W Stewart 1 " E LAND COUNTY
Solicitor OFc PENNSYLVANIA
Wells Fargo Bank, N.A.
vs. Case Number
.
Karen R. Agar 2012-3969
SHERIFF'S RETURN OF SERVICE
06/26/2012 05:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 26,
2012 at 1659 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Karen R. Agar, by making known unto herself personally, at 21
Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same t me
handing to her personally the said true and correct copy of the same.
BITNER, DEPUTY
06/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se.
and inquiry for the within named defendant to wit: Karen R. Agar, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Karen R. Agar. Request for service at 351 E. Louther Street, Carlisle, Pennsylvania 17013
vacant.
SHERIFF COST: $61.00
June 28, 2012
SO ANSWERS,
/0 ??
RONNY R ANDERSON, SHERIFF
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PHELAN HALLINAN,LLP p�"' ` .-
� ry
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
Vs Term
KAREN R.AGAR No.2012-3969-Civil
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530 Cumberland County
Defendant
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff"), by its attorney,
Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support
thereof avers as follows:
1. On June 25, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendant for her failure to make monthly payments of principal and interest upon their mortgage
due August 1, 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 26, 2012,Plaintiff completed service on Defendant 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.
286178
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendant 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: 15 BY:
aph os . Schalk, Esquire
ey for Plaintiff
286178
Exhibit A
286178
PHELAN HALLINAN &SCHMIEG, LLP
FILED-OFFICE
One ne 1617
Penn enn Center Plaza Boulevard,Suite 1400 0F. THE PROTHONOTARY ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103 2 121`EEB -8 Ali 10' 09
215-563-7000
CU PENSY� COUNTY
WELLS FARGO BANK,N.A. NLVA A
3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS
FORT MILL, SC 29715
CIVIL DIVISION
Plaintiff
V. TERM CA KAREN R. AGAR NO. a Ol a - �1
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530 CUMBERLAND COUNTY
Defendant
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
i
A tNt 1 o3.75 col
File b: 286178 A�
e+� a,o 80-
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages,you must take action within twenty(20)days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOI1 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800)990-9108
File#: 286178
1. Plaintiff is
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s)and last known address(es) of the Defendant(s)are:
KAREN R. AGAR
351 EAST LOUTHER STREET
CARLISLE, PA 17013-2530
who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described.
3. On 12/15/2006 KAREN R. AGAR made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR PENN NATIONAL
FINANCIAL which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Mortgage Book 1976, Page 2352. By Assignment of
Mortgage recorded 11/17/2011 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201131973.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 0 8/01/2011 and.each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor,the entire principal balance and all interest due
thereon are collectible forthwith.
File#: 286178
6. The following amounts are due on the mortgage as of 12/06/2011:
Principal Balance $
Interest $
07/01/2011 through 12/06/2011
Late Charges $
Property Inspections $
Escrow Deficit $
TOTAL $
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
$ , 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.
PHE A ALLIN CHMIEG, LLP
By:
Robe .Cusick,Esquire Id., o.80193
Attorney for Plaintiff
File k: 286178
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate in the
Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, bounded and
described, as follows, to wit:
ON the south by East Louther Street; on the east by lot now or formerly of Hubert
Cullison; on the north by an alley; and on the west by lot now or formerly of Charles Sperow.
Containing 17 feet and 6 inches in front on said East Louther Street and extending back an even
width 120 feet to the aforesaid alley, and having thereon erected a two and one-half story
dwelling and necessary outbuildings,known and numbered as 351 East Louther Street.
BEING the same premises which Harry E. Brillhart and Frances J. Verdekal, Executors of
the Estate of Brenda M. Brillhart, by Deed dated August 19, 1994, and recorded in the Office of
the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 110, Page 1093,
granted and conveyed unto Cynthia G. Spitman, single person, Grantor herein.
UNDER AND SUBJECT to existing covenants, agreements, conditions, easements,
restrictions and rights of record, to the extent valid and enforceable and still applicable to the
above-described premises.
PROPERTY ADDRESS: 351 EAST LOUTHER STREET, CARLISLE, PA 17013-2530
PARCEL# 02-21-031 5-123
File N: 286178
VERIFICATION
Varsha Thacker,hereby states that he she Vice President Loan Documentation
of WELLS FARGO BANK,N.A., plaintiff or mortgage servicing agent for plaintiff in
this matter,that he6is authorized to make this Verification, and verify that the
statements made in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of hi&nformation and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: Name: Varsha Thacker
Title: Vice President Loan Documentation
Name: AGAR
File#286178
032-PA-V3 PHS-286178
Exhibit B
286178
SHERIFFS OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
��p�14 of Cupt(k��
Jody S Smith
Chief Deputy )
Richard W Stewart
Solicitor 0"=OF THE SHERIFF
Wells Fargo Bank, NA.
VS. Case Number
Karen R.Agar 2012-3969
SHERIFF'S RETURN OF SERVICE
0626/2012 05:00 PM-Robert Bitner, Deputy Sheriff,who being duly sworn according to law,states that on June 26,
2012 at 1658 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant,to wit: Karen R.Agar,by making known unto herself personally,at 21
Winchester Gardens,Carlisle, Cumberland County,Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RO RT BITNER, DEPUTY
061282012 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: Karen R.Agar,but was unable to locate her in his
bailiwick. He therefore retums the within Complaint in Mortgage Foreclosure as not found as to the
defendant Karen R.Agar. Request for service at 351 E.Louther Street, Carlisle,Pennsylvania 17013 is
vacant.
SHERIFF COST: $61.00 SO ANSWERS,
June 28,2012 RONWY R ANDERSON,SHERIFF
(e)C*k4#Y t*ShWffl.Te1W5C .Inc.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff Term
Vs
No.2012-3969-Civil
KAREN R.AGAR
351 EAST LOUTHER STREET Cumberland County
CARLISLE,PA 17013-2530
Defendant
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
KAREN R.AGAR KAREN R. AGAR
351 EAST LOUTHER STREET 21 WINCHESTER GDNS
CARLISLE,PA 17013-2530 CARLISLE, PA 17013-1071
Date: 5 (0 13 By@os P Ae�
h Sc halk;Esquire
ey for Plaintiff
286178
I Y t
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
Vs Term
KAREN R.AGAR No.2012-3969-Civil
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530 Cumberland County
Defendant
ORDER
AND NOW,this day of tim, , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
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286178
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
",-<REN R.AGAR
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530
/KAREN R. AGAR
21 WINCHESTER GDNS
CARLISLE, PA 17013-1071
G 8 G& =
Sl 013
286178
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PHELAN HALLINAN, LLP 13 JUN 20 El t i . 19 Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.2030 4{ 5.--. J COUNTY
1617 JFK Boulevard, Suite 1400 FJJ SyL VAHIA
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY
vs. • COURT OF COMMON PLEAS
KAREN R. AGAR : CIVIL DIVISION
: No. 12-3969-CIVIL TERM
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 KAREN R. AGAR,
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 $95,150.19
TOTAL $95,150.19
I hereby certify that (1) the Defendant's last known addresses are 351 EAST LOUTHER
STREET, CARLISLE, PA 17013-2530 and 21 WINCHESTER GDNS, CARLISLE, PA 17013-
1071, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date b `l !/13 :t-431 421 y
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
DAMAGES _ARE HEREBY ASSESSED AS INDICATED.
DATE: 604 3 !;.
PHS#286178 PROTHONOTARY
2a s 14•21)C1 041
e ukaR a 33 S
•
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. : CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
KAREN R. AGAR
: No. 12-3969-CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s)is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant KAREN R. AGAR is over 18 years of age and has last known
addresses at 351 EAST LOUTHER STREET, CARLISLE, PA 17013-2530 and 21
WINCHESTER GDNS, CARLISLE, PA 17013-1071.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date (j/ 7//Q O12ve
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
286178
Results as of:Jun-19-2013 12:08:54
Department of Defense Manpower Data Center
SCRA 3.0
4° Status Report
z ;: Pursuatit to Servieetnembers Civil Relief Act
Last Name: AGAR
First Name: KAREN
Middle Name: R
Active Duty Status As Of: Jun-19-2013
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.
Yklityk higutit..41:(•576,__
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. : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
KAREN R. AGAR
: CIVIL DIVISION
: No. 12-3969-CIVIL TERM
Notice is given that a Judgment in the above captioned matter has been entered
against you on (0/020/02-6)`3
wok/
r'1
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
286178
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
KAREN R.AGAR NO. 12-3969-CIVIL TERM
Defendant(s)
CUMBERLAND COUNTY
TO: KAREN R.AGAR
21 WINCHESTER GDNS
CARLISLE,PA 17013-1071
DATE OF NOTICE: 6-6 ig
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
l 249-3166
°.k oe E? .,Id.No.310721
ttonlL li i'l titiE'('
/Phelan 1llii�ti� LLP
1617 JFk I'onl .kair 41 Suite 1400
One lienit Center Plaza
l l iladclplii t.PA .19103
PHS#286178
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
KAREN R.AGAR NO. 12-3969-CIVIL TERM
Defendant(s)
CUMBERLAND COUNTY
TO: KAREN R.AGAR
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530
DATE OF NOTICE: 6."'
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 DA'Z'E OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
LMPORTANT 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 CAPI..I; LE,PA 17013
249-3166
Zac .."`y c E q.,Id.No7310721
torney 4P iiutiff
Phelan 1 11' all,LLP
1617,1I Ioulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#286178
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
v.
: NO.: 12-3969-CIVIL TERM
KAREN R.AGAR
•
Defendant(s)
: CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $95,150.19
Interest from 06/22/2013 to Date of Sale $2,596.24
($15.64 per diem)
TOTAL $97,746.43
otevi41.
Phelan Ilallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PHS#286178
■.(5) r-
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(f) • 60 eiqr
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ta.90)ue
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Of O R Ts-5A
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land with improvements thereon erected,situate in the Borough of
Carlisle,County of Cumberland and Commonwealth of Pennsylvania,bounded and described,as follows,to
wit:
ON the south by East Louther Street;on the east by lot now or formerly of Hubert Cullison;on the north by
an alley;and on the west by lot now or formerly of Charles Sperow.Containing 17 feet and 6 inches in front
on said East Louther Street and extending back an even width 120 feet to the aforesaid alley,and having
thereon erected a two and one-half story dwelling and necessary outbuildings,known and numbered as 351
East Louther Street.
UNDER AND SUBJECT to existing covenants,agreements,conditions,easements,restrictions and rights of
record,to the extent valid and enforceable and still applicable to the above-described premises.
TITLE TO SAID PREMISES IS VESTED IN Karen R. Agar, single person, by Deed from
Cynthia G. Spitman, single person, dated 12/15/2006, recorded 12/15/2006 in Book 278, Page
60.
PREMISES BEING: 351 EAST LOUTHER STREET,CARLISLE,PA 17013-2530
PARCEL NO.02-21-0318-123
PHELAN HALLINAN, LLP r _, Attorneys for Plaintiff
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 i �.,
One Penn Center Plaza 'E 20 i"; I J: 20
Philadelphia, PA 19103 ''Jt;BE �AD COUNTY
215-563-7000 PENNSYLVANIA
WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
v.
: NO.: 12-3969-CIVIL TERM
KAREN R. AGAR
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: Y� „9
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
F CL
WELLS FARGO BANK, N.A. , 'f Q..!{0N 0 R I • COURT OF COMMON PLEAS
•
Plaintiff
2013 J 'H 20 AM II: 2 0
•
• CIVIL DIVISION
•
v.
CUMBERLAND COUNTY
KAREN R. AGAR
PENNSYLVANIA
•
NO.: 12-3969-CIVIL TERM
Defendant(s)
•
• CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
t
WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe
for the Writ of Execution was filed,the following information concerning the real property located at 351 EAST LOUTHER STREET,
CARLISLE,PA 17013-2530.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
KAREN R.AGAR 21 WINCHESTER GDNS
CARLISLE,PA 17013-1071
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
KAREN R.AGAR 21 WINCHESTER GDNS
CARLISLE,PA 17013-1071
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PHS #286178
7. w 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 351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530
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 unswom falsification to authorities.
Date: e/jq// 3 By: �.a,N..�
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 #286178
WELLS FARGO BANKN1.A. : COURT OF COMMON PLEAS
'3 °_`' 24 ,E t1: ry 1
`' Plaintiff : CIVIL DIVISION
r,ut,ABERLAN° ,1L\
: NO.: 12-3969-CIVIL TERM
KAREN R. AGAR
Defendant(s) : CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: KAREN R. AGAR
21 WINCHESTER GDNS
CARLISLE,PA 17013-1071
**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 351 EAST LOUTHER STREET, CARLISLE,PA 17013-2530 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$95,150.19 obtained by WELLS FARGO
BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at
said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-3969-CIVIL TERM
WELLS FARGO BANK, N.A.
v.
KAREN R. AGAR
owner(s) of property situate in the BOROUGH OF CARLISLE, CUMBERLAND County,
Pennsylvania, being
351 EAST LOUTHER STREET, CARLISLE,PA 17013-2530
Parcel No. 02-21-0318-123
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $95,150.19
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land with improvements thereon erected,situate in the Borough of
Carlisle,County of Cumberland and Commonwealth of Pennsylvania,bounded and described,as follows,to
wit:
ON the south by East Louther Street;on the east by lot now or formerly of Hubert Cullison;on the north by
an alley;and on the west by lot now or formerly of Charles Sperow.Containing 17 feet and 6 inches in front
on said East Louther Street and extending back an even width 120 feet to the aforesaid alley,and having
thereon erected a two and one-half story dwelling and necessary outbuildings,known and numbered as 351
East Louther Street.
UNDER AND SUBJECT to existing covenants,agreements,conditions,easements,restrictions and rights of
record,to the extent valid and enforceable and still applicable to the above-described premises.
TITLE TO SAID PREMISES IS VESTED IN Karen R. Agar, single person, by Deed from
Cynthia G. Spitman, single person, dated 12/15/2006, recorded 12/15/2006 in Book 278, Page
60.
PREMISES BEING: 351 EAST LOUTHER STREET,CARLISLE,PA 17013-2530
PARCEL NO.02-21-0318-123
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-3969 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A.Plaintiff(s)
From KAREN R. AGAR
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $95,150.19 L.L.: $.50
Interest FROM 6/22/2013 TO DATE OF SALE($15.64 PER DIEM)-$2,596.24
Atty's Comm: Due Prothy: $2.25
Atty Paid: $209.75 Other Costs:
Plaintiff Paid:
Date: 6/21/2013
David D uell,ProthinC�r�
(Seal) By:
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(FHLMC)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PH#780000
DEFENDANT SERVICE TEAM/lxh
KAREN R.AGAR COURT NO.: 12-3969-CIVIL TERM
SERVE KAREN R.AGAR AT: TYPE OF ACTION
21 WINCHESTER GDNS XX Mortgage Foreclosure
CARLISLE,PA 17013-1071 XX Civil Action
e
SERVED si p i _
erved and made known to KAREN R.AGAR,Defendant on the ' day of 9
-1,1k' 20�� ,at t
,o clock .M.,at 21 W 1WC( i-- .W1 in the manner described below: c r t --L.;
!X Defendant personally served. --- �'_
Adult family member with whom Defendant(s)reside(s). <t. -}
Relationship is : c
Adult in charge of Defendant's residence who refused to give name or relationship. Z.7 c.. cD
_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: .
{ U
Description: Age . }Height , Weight I gd 5 Race 41f11Sex I Other
I,hJGlatA 1 rz( , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to
unsworn falsification to authorities.
DATE: 2t i 3 NAME: "lCC
PRINTED NAME: t -keN
\ -- ....%IPA Dy-t_ail)
TITLE: (S t
NOT SERVED
On the day of 20 ,at o'clock .M.,I, ,a competent adult hereby
state that endyant 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 F y;‘, ;, ,Tr-
(')'
NAME: IC
STATE(')7 ::RSEY
ATTORNEY FOR PLAINTIFF MYCOMMJSJ'JNr ■ 0 JULY31,2014
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
f
Phelan Hallinan, LLP
Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIHE,
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza mu;
rri
Philadelphia, PA 19103 - 1
cn N z
alison.zuckerman @phelanhallinan.com -<
215-563-7000 'ca :
�-' - c;
> .r
WELLS FARGO BANK, N.A. • Court of Commo @as ` r
Plaintiff •
Civil Division
v. •
CUMBERLAND County
KAREN R. AGAR
•
No.: 12-3969-CIVIL TERM
Defendant •
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on June 25, 2012.
2. Judgment was entered on June 20, 2013 in the amount of$95,150.19. 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.
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5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $86,828.07
Interest Through October 4, 2013 $12,499.79
Late Charges $115.00
Legal fees $2,300.00
Cost of Suit and Title $1,764.25
Property Inspections $305.00
Property Preservation $527.50
Mortgage Insurance Premium/Private Mortgage Insurance $1,467.60
Mortgage Insurance Premium to be paid $182.01
Escrow Deficit $8,733.29
TOTAL $114,722.51
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 Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's 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 Defendant's Concurrence. Plaintiff received a voicemail from Defendant on
September 16, 2013 confirming receipt of concurrence letter and indicating that she did not wish to
oppose the motion. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and
certification of mailing are attached hereto, made part hereof, and marked as Exhibit `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 .
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: ,�- By: . 1111rid
rlison F. Zuc`irrma 'squire
ATTORNEY FO' PLAINTIFF
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•
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. : Court of Common Pleas
Plaintiff :
•: Civil Division
v. •
: CUMBERLAND County
KAREN R. AGAR
•
•: No.: 12-3969-CIVIL TERM
Defendant :
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
KAREN R. AGAR 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
351 EAST LOUTHER STREET, CARLISLE, PA 17013-2530. The Mortgage indicates that in
the event of a default in the mortgage, Plaintiff may advance any necessary sums, including
taxes, insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
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
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outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
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,
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Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
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However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
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VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
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VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
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VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
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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
Plaintiffs Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, C'
DATE: � By: AP
• • ison Wenn, , Esquire
Attorney for Plaintiff
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Exhibit "A"
780000
•
•
.4 ILED-OFFICE
OF THE PROTHONOTARY
PHELAN HALLINAN,LLP 2013 JUN 20 AM 1.1: 19 Attorney for Plaintiff
Adam H. Davis,Esq., Id. No.
1617 JFK Boulevard, Suite 1. 111 E NRLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
KAREN R.AGAR Attorney:F 2 y ivrsION
Please Rem
: No.1 969-CIVIL TERM
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY: ,
Kindly enter judgment in favor MPP1 '�I'�IIIMP caliainst KAREN R.AGAR,
Defendant(s)for failure to file an Answerthngplaint 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 $95,150.19
TOTAL $95,150.19
I hereby certify that(1)the Defendant's last known addresses are 351 EAST LOUTHER
STREET, CARLISLE,PA 17013-2530 and 21 WINCHESTER GDNS,CARLISLE,PA 17013-
1071,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date C f l 7/i3 L � _ 144 Y 4 j
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: "' "" � Attorney Fle 0291k3s4:14L-3011411P
PHS#286178 Dionse polini,ROTHONOTARY
286178
Exhibit "B"
780000
1
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
September 10, 2013
KAREN R. AGAR
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530
RE: WELLS FARGO BANK,N.A. v. KAREN R. AGAR
Premises Address: 351 EAST LOUTHER STREET CARLISLE, PA 17013
CUMBERLAND County CCP,No. 12-3969-CIVIL TERM
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days, by 9/16/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
Allison F. eke .ra,Esq., I• 's. 09519
Attorney or PI,'it I
Enclosure
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0
Name and Phelan Hallinan,LLP h °R.
Address 1617 JFK Boulevard,Suite 1400 tat o
Of Sender One Penn Center Plaza 1�
.,Philadel hia,PA 19103 KVM C
Line Article Number Name of Addressee,Street,and Post Office Address Postage
I **** KAREN R AGAR $0,46 ¢ (I 4
351 EAST LOUTHER STREET �.
CARLISLE,PA 17013-2530 0.
2 s*"* KAREN R.AGAR S0A6 �" w0
21 WINCHESTER GDNS t,.�' +6
CARLISLE,PA 17013-1071 .. C"4:74#7,1•3:::el
RR:KAREN R.AGAR(CUMBERLAND) PH#780000/1200 Page 1'o1'1 S0.92
Total Number r.f Total Number of Pieces Po$•m*,yet,Per(Name of The Hit calamine amebae is requeed tat ell domestic oud uneven ttonol remeteto4 me■I. rbe m, 'e
}...
Piave Linea by Swedes Received at PosiDirece Rmefying Employee) for the mmmtruction of nonseptiabh documents cruder Express Mail docurnrw race:el c fan be
pots subject to a timit atUO0,000 per oecvnence.The reaaireem elde onby peyebk on Express,
The maaiaww fndstnnity WYebia a 525.000 air'epic me%mad.sum with optimal fmurrnet Ste
5940 5913 and$921 for limitations of mameea. .. .
Form 3877 Facsimile
Via= '
780000
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. : Court of Common Pleas
•
Plaintiff
• Civil Division
•
v.
CUMBERLAND County
•
KAREN R. AGAR
• No.: 12-3969-CIVIL TERM
•
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
KAREN R. AGAR KAREN R. AGAR
351 EAST LOUTHER STREET 21 WINCHESTER GDNS
CARLISLE, PA 17013-2530 CARLISLE, PA 17013-1071
Phelan Hallinan,LLP
DATE: By.
• ison 'r. Zuck; an, Esquire
ATTORNE OR PLAINTIFF
780000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff
• Civil Division
•
v.
• CUMBERLAND County
KAREN R. AGAR
• No.: 12-3969-CIVIL TERM
•
Defendant
RULE
AND NOW, this 'Z Y day of .1+,Y<.44 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE •URT
J.
-0:.
rn r`i •
r
DC; c)--r,
•
780000
ThE`P o @IG�1i
2013 Orr
Phelan Hallinan, LLP 4 4H(Q; nr
Adam H. Davis, Esq., Id. No.203034 GUNBERuit , ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 PENNSYO@ UU JT}�
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis @PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff
• Civil Division
vs. •
CUMBERLAND County
•
KAREN R. AGAR
• No.: 12-3969-CIVIL TERM
•
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated below.
KAREN R. AGAR KAREN R. AGAR
351 EAST LOUTHER STREET 21 WINCHESTER GDNS
CARLISLE,PA 17013-2530 CARLISLE,PA 17013-1071
Phelan Hallinan, LLP
DATE: /tA1// By: _
Adam H. Davis, Esq.,Id.No.203034
Attorney for Plaintiff
780000
1 L.t lF i 1
[HE PROTHONO TAE
2013 OCT 22 Ail JO: 16
CUMBERLAND COUNTY
NNYV
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. : Court of Common Pleas
•
Plaintiff
• Civil Division
•
vs.
• CUMBERLAND County
•
KAREN R. AGAR
• No.: 12-3969-CIVIL TERM
Defendant •
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on 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 Defendant on September 10, 2013
and requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
780000
}
3. A Rule was issued on September 24, 2013 directing the Defendant 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 3, 2013
in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit C.
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
October 14, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiffs Motion to Reassess Damages.
Phelan alli : . , f'
DATE: -�S By: ��ib"if
Z.;41,1:( J► es sq., Id. No.310721
orne for 'laintiff
•
i
780000
•
•
. .•
Exhibit "A"
780000
1
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia,PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
September 10,2013
KAREN R. AGAR
351 EAST LOUTHER STREET
CARLISLE,PA 17013-2530
RE: WELLS FARGO BANK,N.A.v. KAREN R. AGAR
Premises Address: 351 EAST LOUTHER STREET CARLISLE,PA 17013
CUMBERLAND County CCP,No. 12-3969-CIVIL TERM
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment.Please
respond to me within 5 days,by 9/16/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
/-
Allison F. tithe ;s� ,Esq.,Is "+ 09519
Attorney 'or Fl .t
Enclosure •
780000
•
•
. .
Exhibit "B"
780000
.• .. _
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
KAREN R. AGAR
No.: 12-3969-CIVIL TERM
Defendant •
RULE
AND NOW,this, day o 013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
J,
c r
-0 a
°G & "
C.e mow?
780000
Allison F.Zuckerman,Esq.,Id.No.309519
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215)563-3459
KAREN R. AGAR KAREN R.AGAR
351 EAST LOUTHER STREET 21 WINCHESTER GDNS
CARLISLE,PA 17013-2530 CARLISLE,PA 17013-1071
780000
780000
Exhibit "C"
r.il, l7 0 c
PROTNONQTAH'.
Phelan Hallinan, LLP
2013 OCT " AM 10: 05
Adam H. Davis,Esq., Id. No.203034 cumBERLANIA j.EY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 ' t f SYt VA H A T
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
KAREN R. AGAR
No.: 12-3969-CIVIL'TAE r .
Defendant "
PRO
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated b
KAREN R. AGAR KAREN R. AGAR
351 EAST LOUTHER STREET 21-WINCHESTER GDNS
CARLISLE,PA 17013-2530 CARLISLE,PA 17013-1071
f f'` f �j Phelan Hallinan,LLP
DATE: I / } l5 By ^_ f :
Adam H. Davis,Esq.,Id.No.203034
Attorney for Plaintiff
•
•
780000
I
N 1 o
Name and Phelan Hallman,LLP t 11 :a.V
Address 1617 JFK Boulevard,Suite 1400 ..17...17.Of Sender One Penn Center Plaza
.,: Ph ladelphia,PA 19103 KVhf
Line Article Number Name of Addressee,Street,and Port Office Address Postage 'l; o
1 "•" KAREN R.AGAR $0.46 a tkl o 351 EAST LOUTHER STREET ate CARLISLE,PA 17013-2530 c� ` n.r,
r' 2 ** KAREN R.AGAR 50.46 n N R o
21 WINCHE-STER GDNS tr./ .........4
CARLISLE,PA 17013-1071 .
RE:KAREN R.AGAR(CUMBERLAND) P11 4 780000/1200 Page 1 or 1 50.92 ' `` "�
Tor+l Na.mhr of Totel'Iarakne of Pkea* Paanwsr,Pd of TA.Mt o!oa ofs i...a,.•d rrn0 The nu;
(Ns me rtyvrord no stt doaresik arM irrerolbral rr T. .�{ ae V't
.t: Pkm(kkai Strider Rettived it Pat 01ka Reaming m1 0r rle n,oeatractioa of _.._..
61 wr Empby roangal�k docameoo coder Exprxn Neil dncmocal recautrscliao m
pica saeject to a Xmit of*500.000 per ocsrarreocx MI maximum bdmudry pry on Expo,
Tho madman Ind®u'paysbie la*77.000 rtt rs*4asmd moll,RR whb opment baurares.Sec
P.000 5913 and$421 for ilaJMlaa+atcorerste
Form 3877 Fncslnlile
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7800))
•
•
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. • Court of Common Pleas
Plaintiff .
• Civil Division
vs. .
• CUMBERLAND County
KAREN R. AGAR .
: No.: 12-3969-CIVIL TERM
Defendant .
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
KAREN R. AGAR KAREN R. AGAR
351 EAST LOUTHER STREET 21 WINCHESTER GDNS
CARLISLE,PA 17013-2530 CARLISLE, PA 17013-1071
iL') ui?7 Phelan Hal a DATE: By:
Zac '. es, 'sq., Id.No.310721
A/ay ey for P aintiff
780000
1 ,
U 13Eill, .$D l .a i
P EN SYLVAPit ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff •
Civil Division
vs.
•
CUMBERLAND County
KAREN R. AGAR •
•
No.: 12-3969-CIVIL TERM
Defendant
ORDER
AND NOW,this of day of at-tolt L, 2013,upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance $86,828.07
Interest Through October 4, 2013 $12,499.79
Late Charges $115.00
Legal fees $2,300.00
Cost of Suit and Title • $1,764.25
Property Inspections $305.00
Property Preservation $527.50
Mortgage Insurance Premium/Private Mortgage Insurance $1,467.60
Mortgage Insurance Premium to be paid prior to December $182.01
4, 2013
Escrow Deficit $8,733.29
780000
TOTAL $114,722.51
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 T r COURT:
d/
J.
i'es irl_b.tLf...L._
. . . .
. .
. - A k. Nat-
1
to/W/i3
.r-r\
780000
r „
1""Q lJiQ�e
PHELAN HALLINAN,LLP Attorney for Plaintiff 9
John Michael Kolesnik,Esq.,Id.No.308877 ' 1P �t� �
1617 JFK Boulevard, Suite 1400 PENNS Y V t1 T "�
One Penn Center Plaza LVP j A
Philadelphia,PA 19103
John.Kolesnik@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
KAREN R.AGAR
Defendant(s) No.: 12-3969-CIVIL TERM
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 h o ibit"A".
Jo ichael Kolesnik,Esq.,Id.No.308877
torney for Plaintiff
W Date:
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#780000
Name and Phelan Halligan,t 1 P ;
Address MO 1617 IFS Boulevard,Suite 1400 a;w
Sender One Pam Center Plaza
Philadelphia PA 19103 AZKICET•12/04/2013 SALE 1..
IfLine Article Number Name of Addressee,Street,and Post Office Address
o
I saw 1 TEN ,'�T A (OCCUPANT Postage 6
311 EAST LOUTHER STREET • 5045 m
CARLIS1,F,PA 1701345.30 ' L.
2 **sr COMMONWEALTH OF.PENNSYLVANIA,BUREAU OF INDIVIDUAL TAX,INHERITANCE TAX `� `�
DIVISION s0A5 -�
�'r'4TH FLOOR,STRAWBERRY SQ.,DEPT 240601
HARRISBVRG,PA 17128 s
3 +•a• ',pEPARTMEty?'CN''ream WELFARE,TPL CASUALTY UNIT,ESTATERECOVERYPROGRAM • - :r'-'�_
P.O.BOX 8486 0,45 {<1 c,�-
WILLOW OAK(BUILDING �"
. w
HARR1SOURG,PA 17141 •
4 *see DtuarRlc Relations Or
Cumberland County $0.45
13 Mirth Hanover Street
PA 17013
•5 .see* Cosmoram l*t of Pennsylvania
Department of Welfare 0 45
P.U.Box 2675 •
.6 •«•sa Harrisburg,PA 17105 •
Paternal Revenue&rvice Advisory
1408 Maly Avenue Roan 704 $0.45
Pttu ,PA 15222 y .
7 • •sso .. U.S.D rtaeerntot.iustice
•.. ts.Attorney for the Middle Dtatrkt of PA 8at�4S .
. Pedsxsi Building
:•
2 .Watxut S
trest,Suite 220 .
PO Bon 11754 - '
' •Hauurpg,PA 171084734 ,
nsq4 of> Wrtt1 33 J5
TMiF NPr1.of 'j' NL[ tUS P3GCti .•P(R3[c1311Et.EiCf(NYOfe tl ._ ••The Ykrei LnYNbg SUMC! fthYih.au feu Mkt (OaeivfaB VM�'YKI iWlaceiustatn r tid�'e.�.��� Ixnr_� �ult»1c AUt...,n rcfas�iGC�1 but Inc ficatininm FhkmniC7 P'aSabe
. Of ill[1ntKpirtaYalf g: ucda.ailc rEw-u-ncma kaUn ta(HC?<M I du-tuber!:+QYMAJUYNuW If5x2(at Cis S,`1J fiq(-c! .
. .. libe“.bigtUs•hrtit of$:00,1100 r,'eccireay.,rt.maxim *wderteni7elr Me en F,,,a.a Mw:l me.chaxli s ix S3CEi.
VIC 1,..bbn wknn�by rayabk u Sal MO fc rtiourbi Aba stis b`2h w!iobai nxa ntu_Sec,7vwtasw Aril btam at
R900S9l3•ad 592iwimi><a sfc�x
Farm 3877 FtlesiittiCe
•
•
•
•
•
•
•
•
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
HE PRO T H j tii[O Irt
2.Il:JU; 12 All 9: 38.
CUMBERLAND COUNTY
(PENNSYLVANIA
4:: If irity
I?,�d
Solicitor OFFCE 0_ E
Wells Fargo Bank, N.A.
vs.
Karen R. Agar
Case Number
2012-3969
SHERIFF'S RETURN OF SERVICE
09/20/2013 03:45 PM - Deputy Jason Kinsler, 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 351 East Louther Street, Carlisle - Borough, Carlisle, PA
17013, Cumberland County.
10/07/2013 08:51 PM - Deputy Dawn Kell, 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: Karen R.
Agar at 21 Winchester Gardens, North Middleton Township, Carlisle, PA 17013, Cumberland County.
12/03/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014
03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014
04/09/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on April 9, 2014 at 10:00
a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan
Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $834.93 SO ANSWERS,
May 23, 2014 RONI4Y R ANDERSON, SHERIFF
L/ 1) f01,04,
. -ate.1od Ce-
,sv L2 pet.
4-1
Ii 307/63
f.c) CovrntvSu t:+ Sheriff, Teleosoft, Inc.
On August 1, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, PA,
Known and numbered as, 351 East Louther Street,
Carlisle, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 1, 2013
By:
Real Estate Coordinator
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2012-3969 Civil Term
WELLS FARGO BANK, N.A.
vs.
KAREN R. AGAR
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 12 -3969 -CIVIL TERM, WELLS
FARGO BANK, N.A. v. KAREN R.
AGAR owner(s) of property situate in
the BOROUGH OF CARLISLE, CUM-
BERLAND County, Pennsylvania,
being 351 EAST LOUTHER STREET,
CARLISLE, PA 17013-2530.
Parcel No. 02-21-0318-123.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $95,150.19.
17
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
a Marie Coyne, Edi
TO AND SUBSCRIBED before me this
25 day of October, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
he Patriot -News Co.
2020 Technology Pkwy
Suite 300 -
Mechanicsburg; PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
patriogews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
2012-3969 Civil Term
WELLS FARGO BANK, N.A.
vs.
KAREN R. AGAR
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
12 -3969 -CML TERM
WELLS FARGO BANK, N.A.
v.
KAREN R. AGAR
owner(s) of property situate in
the BOROUGH OF CARLISLE,
CUMBERLAND County, Pennsylvania,
being
351 EAST LOUTHER STREET,
CARLISLE, PA 17013-2530
Parcel No. 02-21-0318-123
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING
Judgment Amount: $95,150.79
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
Sw rn to nd subscribed before me this 11 day of November, 2013 A.D.
LJ� .
COMMONWEALTH OF PENNSYLVANIA
motorail Seal
Molly Lynn Warfel, Notary Public
Washington Thp., Dauphin Gounty
My Comtnlsslrin Explrss Doc. 1 2016
tVOMA ASS0C1A :N OF NOTARIES
MEMBER; PEN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Federal Horne Loan Mtg Corp is the grantee the same having been sold to said
grantee on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 21st
day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 3969, at the suit of Wells Fargo Bk N A against Karen R Agar, is duly recorded as Instrument
Number 201412350.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
, A.D. (2t /7-
2441
day of
Recorder
7-
Recorder of Deeds
r of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018