HomeMy WebLinkAbout12-4668 D
N ?
rnm
Cl)? r-j
Q ?
?CQ
Q 7w CD
= C)
5c= = --i
-i
..,r
- :71)
.-c
PHELAN HALLINAN & SCHMIEG, LLP
John Michael Kolesnik, Esq., Id. No. 308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
V.
Plaintiff
CHERYL S. GETTY
2608 CHESTNUT STREET
CAMP HILL, PA 17011-4622
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
.(4 Lk ? a-
NO.
CUMBERLAND iviJ
COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 303972
S
uw?Itio33spi
G?
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 tiling 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 ether rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, (10 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 FF F.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 303972
I . Plaintiff is
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
CHERYL S. GETTY
2608 CHESTNUT STREET
CAMP HILL, PA 17011-4622
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 04/25/2008 CHERYL S. GETTY made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS A NOMINEE FOR WACHOVIA MORTGAGE, FSB which
mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Instrument No. 200813736. Said mortgage was modified as set forth in the
modification agreement recorded 08/27/2008, in Mortgage Instrument No. 200829103.
By Assignment of Mortgage recorded 06/12/2012 the mortgage was assigned to
PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No.
201217471. 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. 10 1 9(g); which Rule
relieves the Plaintiff from its obligations to attach documents to pleadings if those
documents are of public record.
4. The premises subject to said mortgage is described as attached.
File #: 303972
The mortgage is in default because monthly payments of principal and interest upon said
6
mortgage due 04/01/2012 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 07/18/2012:
Principal Balance $280,263.42
Interest $4,258.97
Through 07/18/2012
Late Charges $216.21
Property Inspections $30.00
Escrow Deficit $520.87
TOTAL $285,289.47
7
8
9
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defcndant(s) on
the date(s) set forth thereon.
The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
File #: 303972
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$285,289.47, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By:
Johnhael Kolesnik, Esq., Id. No. 308877
Attoiev for Plaintiff
File #: 303972
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected, situate in the Borough of
Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a pipe on the north side of Chestnut Street (60 feet wide), said pipe being 160
feet east of the northeast corner of Chestnut and South 27th Street; thence extending from said
pipe along premises now or formerly of George M. Salkeld, Jr.. known as 02612 Chestnut Street
north 03 degrees 31 minutes 40 seconds east, 144.75 feet to a pin on the south side of land novv
or formerly of Oren C. Gruver; thence along the same south 86 degrees 20 minutes 20 seconds
east, 40.48 feet to a pipe at the corner of a 15 feet wide unnamed alley; thence along the same
south 03 degrees 31 minutes 40 seconds west, 147.90 feet to a nail on the north side of Chestnut
Street aforesaid; thence along the same, north 82 degrees 01 minutes 20 seconds west. 40.60 feet
to a point, the place of BEGINNING.
BEING IMPROVED with a two and one-half story dwelling house known and numbered as 2608
Chestnut Street, Camp Hill, PA also a frame three car garage.
PROPERTY ADDRESS: 2608 CHESTNUT STREET, CAMP HILL, PA 17011-4622
PARCEL # 01-21-0271-525.
File #: 303972
VERIFICATION
Varsha Thacker, hereby states that Qis Vice President Loan DOCUmentatlon
of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in
this matter, that h /she) 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 h'slherformation and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
Name: Varsha Thacker
DATE: Title: Vice President Loan Documentation
PHS-303972
032-PA-V3
FORM 1
IN THE COURT OF COMMON PLE -,i
A
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYQ IAN
1
Z
co
Plaintiff(s) Mrn ? t
-v
vs.
{0
CHERYL S. GETTY yn
0 7?0
=C Ca-ri
2:"
Defendant(s)
, O Civil = o Wit'''
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUI&
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 a lawyer, 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 no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
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 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 out 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 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
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 out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
Michael Kolesnik, Esq., Id. No.
308877
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:____
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
Home:
Cell:
Office:
Other:
State: Zip:
How long?
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Primary Reason for Default:
Is'the loan in Bankruptcy? Yes ? No F_1
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile # l : Model:
Amount owed: Value:
Automobile #2: Model: _
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Year:
Year:
1. -Monthly Gross Monthly Net
2 -Monthly Gross Monthly Net
3. -Monthly Gross Monthly Net
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
2nd Mortgage Utilities
Car Pa ment(s) Condo/Nei h. Fees
Auto Insurance
Auto fuel/re airs Med. (not covered)
Other p op. payment
----?
Install. Loan Payment Cable TV
Child Su ort/Alim. S endin Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes F] 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 known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
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 Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
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 '' ~ -
~~,~y~t,a of 4a~nbPrf~~ ,~; 1 ph'~~~t~~f', ~ ,; ,
Jody S Smith ~ ~ t
Chief Deputy f~, ~, . ~ r~ ~ ~ ~ AUK ~ ~ ~M ~ • ~ ~
Richard W Stewart °:~'' ~ ' t' '~~
Solicitor t~E c~F -~,E s~fr~i~~ ~U~~E j~SYL~IQ~ ~ t
CN
Wells Fargo Bank, N.A. Case Number
vs.
Cheryl S. Getty 2012-4668
SHERIFF'S RETURN OF SERVICE
08/09/2012 04:05 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augu 9,
2012 at 1605 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Noti of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Cheryl S.
Getty, by making known unto herself personally, at 343 Regent Street, Camp Hill, Cumberland County
Pennsylvania 17011 its contents and at the same time handing to her personally the said true and corn ct
copy of the same. Request for service at 2608 Chestnut Street, Camp Hill, Pennsylvania 17011 is
currently unoccupied by the Defendant. Deputies found personal effects and small animals at the
residence on August 6, 2012.
SHERIFF COST: $43.00
SO ANSWERS,
August 13, 2012
R ANDERSON, SHERIFF
(c) CountySuite SheriR, Teleesoft, Irc.
t .d
g "
PHELAN HALLINAN & SCHMIEG;~ , ~, ~ ~-y ~ ~ ~ "~'' ~"
~`
Jonathan Lobb, Esq.. Id. No.312174 ~ ~~
_~ l_',,,, ~, ~,t t fi. ;
1617 JFK Bouleva~~d, Suite 1400 ~ ~ ~' ~ ~r~. ~~
.fir .~ ~,, ~~~.,
One Penn Center- Plaza ~ ' "'
Philadelphia. PA 1'a 103
? 15-563-7000
WELLS FARGO BANK, N.A.
vs.
CHERYL S. GETTY
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLF,AS
CIVIL DIVISION
No. 12-4668 CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT' OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against CHERYL S. GET'CY.
Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises. and assess Plaintiff's damages as
follows:
As set forth in Complaint
TOTAL
J
t hereby certify that (1) the Defendant's last known addresses are 2608 CHEST'NL'~T
STREET. CAMP H[LL. PA 17011-4622 and 343 REGENT STREET, CAMP HILL, PA 1701 1,
and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date __~~
a
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: _ 1~
$285,289.47
$285,289.47
Lobb, Esquire
for I? aintiff
PROTHONOTARY
~~~ '~~ a~
~,~~ ~a~~~~~
:03972
~~ ~~~~~
PHELAN HALLINAN & SCHMIEG, LLP
J~_>nathan Lobb. Esq., Id. No.312174
1617 .IFK Boulevard, Suite 1400
One Penn Center I']aza
Philadelphia. PA 19103
215-56 ~-7000
WELLS FARGO BANK, N.A.
vti.
CHERYL S. GET'TY
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 12-4668 CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on infor~x~ation and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant is not in the Milita~.ry or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1 y40, as amended.
(b) that defendant CHERYL S. GETTY is over 18 years of age and resides at
?608 CHESTNUT ;STREET, CAMP HILL, PA 17011-4622 and 343 REGENT STRF,ET. CAMP
HILL, P-~ 1701 1.
This statement is made subject to the penalties of 18 Pa. C.S. Section ~~'a04
relntin~ to unsworn falsification to authorities.
Datc _~/Q~Z~~ /L-- -~~~2---_..
J than Lobb, Esquire
ttorney for Plaintiff
303972
(Rule of Civil Procedure No. 236) -Revised
WELLS FARGO BANK, N.A.
vs.
CHERYL S. GETTY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Cl[VIL DIVISION
No. 12-4668 CIVIL
Notice is given that a Judgment in the above captioned matter has beer: entered
against ~ ou on __ b
By. „~
If ycau have any questions concerning this matter please contact:
Phelan Hallinan & Schmieg, LLP
Jonathan Lobb, Esquire
Attorney for Plaintiff
1617 JFK Boulevard. Suite 1400
One Penn Center Plaza
Philadelphia, PA ] 9103
x,15-563-7000
'~ =~~ THIS FIRM IS A DEBT COLLF,CTOR ATTEMPTL'VG TO COLI:ECT A DEIST AND
AA'Y INFORMATION OBTAINED WILL BE USED F'OR THAT PURPOSE. IF Y'OU
HA VE PREVIOUSLY RECEIVED A DISCHARGE IN" BANKRUPTCY, THIS IS iti'OT AND
SHOUT D NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT., BL'T
OAZY ENFORCEMENT OF A LIF,N AGAINST PR01'ERTY. ~~
;03972
1~%E'_,LS FARGl1 BANK, N.A,
~~.
Cl-tFR~'L S. Gt:TTY
Plaintiff
Deiendant('si
COURT OF COMMON PL,~A`
CIVILDIVISION
NO. I2-t'6(~~S CIVIL,
CUI~4I3IIZI,.~M) CX)t_-NTY
"I'O: CHERYL S. GE"TTY"
2608 CHESTNL)T STREET
CAMP HILL, PA 1 ?011~J-46'22
DATE OF NOTICE: D '7
THIS FIF.M IS A DEBT COLLECTOR ATTEMP"T1NC3 "I'O C'OLLECT A DEBT. 'I'I-lIS NOTICE;
IS SENT TO YOU IN AN ATTEIvIPT 'T'O COLLEC'T' "I'HE L'~IDEaBTEDN~SS REFERRED 7`O
I-IEREIN~, AND ANY INFORMATION OBT:~INED FROM YOU WILL BE iJSED ~I=OR TFIAT
PURPOSE. IF YOIJ HAVE PREVIOUSLY RECE':Il%ED A DISCHARGE L1' BAItiKR(iPTCY,
THIS CORRESPONDENCE IS NOT AMID SHOULD NOT BE CUNSTRUF.,D 1'O BE AN
A"ITEMPT TO COLLECT A DEBT', BUT ONLY' AS ENFORCEMENT OF L.II;~' A(;-~L'VST
PROPERTY".
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 'I'O ENTER A WRI`T'TEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FTI.I3 LN WRITING WITH TIIE COURT
YODUR DEFENSES OR OBJECTIONS TO THE CLAIMS S'~~T FORTH AGt1INST' YOU. L 'Vt,EtiS YOU
AC"I WITHIN TEN DAYS FI20M TIC DATE OF THIS N07`ICE. A .iUDG~MEN'T MAY BE F.N['ERED
AGAINS"}' YOL' V4'IT'1-IOUT A HEARLNG AND YOU MAY LOSh; YOliR PRUPERT~ ~C)R OTHER
IMPORTANT ItI+~rIgTS.
YOL`' SfIOULD TAKE THIS P,AI'ER TO YOUR LAWYER A"I ONCE. IF YOU 1J0 NUT
HAVE, A LAWI'ER, GO TO OR T'ELEPHOI\'F_, THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORI~I.ATION GROUT HIRING A LA~~4%YF'K.
Ir YOL'~ CANNOT AFFORD TO HIRE ;l ~Ay~, `E'i?h. 'I'I-[IS OFFICE MAY BF. .~>~!_,E~: TO
PRO`~~ 1~1/ YOU )WITH INFORMAT[ON ABOUT ,1(rE;NCILS 'I'H,~1"I' MAY OFFER I h:U~~I ~E~,I'y'1CFS
Tti ELIGIBLE. PERSONS ,AT A RF,DT -CED FEE OR NO Ft F
Office of the. Pz~othonot~u-y
Cumberland County Courthouse
I Coufi-thouse Square
Carlisle, PA 17013
{~' l'} 2.10.6195
{'L;1~IBERLAND COUNTY BAR
ASS OC7A'1'ION
CUMBERLAND C'Ol"N'T Y LOUR"T'Ht)l til-:
`_' LIBERTY A t%F,NI JI-;
CARLISLE. Pit l?{)'3
t ~ t . j 249 :; i fi6
By:
It~stin alaesl~i, Esquire
Akto ° ~ for Plaintiff
I't~tc~l~tt~ Halligan & Schn~ieg, LLP
16l i JFK Boule~~ariL Suiie 1000
One Penn Center Plaza
Philade}phia. PA 19I03
WEI,i~S FARGO BANK, N.A.
G,
rI IIiRYL s. cI~TTY
`I'{:: C:H};RYL, S. GF.,TTY
s-13 RF,GENT STRF?F;'I
CAMP N II,L, PA l ?Ol
CC)L'RT OF COMIvION PLE.-~S
Plaintiff CP4'II, DIVISION
Def~ndantts)
DA~'I? OF NOTICE,: I ~~9~1 ~~,..
NO. 12-4668 CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEB'I~' COLLECTOR ATTI:MP'TING TO COLLEa:~T A DEB"I. TH[,~ NOTICE
IS SENT TO YOU ]N A~ ATTEMPT TO COLLECT THE INDEBTEDNESS RE Fi=RF:I?D TO
HFRF•,IN, AND ANY INFORl1~1ATION OB1"AI'~IED F~ItOM YOU ~'hILL BE OSED FOI'. THAT
PL7RPOSL. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAI`~_KRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOTJLD NOT BE CONSTRUED T'O ?3E AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY' AS ENFORCEMENT OF LI1=:1'v ~t~ ~.INS7`
PROPERTY.
IIVSPOR'TANT NOTICE
~`OU Ak:E III DEEAUI_'I' BECAUSE YOU HAVE FAILED TO ENTER .', u'kPITIN
APPI:ARANCI; PERSONALLY OR BY ATTORNEY AN1D FILE IN WRI'T'ING WITH I'I-[I_~: t'OI!RT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOI:1. 1 ,v ,E~.;~S YOU
AC'T V~VITHL'ti~ TEN DAYS PRAM THE DATE OF THIS NOTICE, A JLiDGMENT MAY BI , >~~,N'I~ERED
AGAINST YOU WITHOUT A HEARTItiG AND YOU MAY LOSE YOUk PROPERTY ~i.>I~ t FI'FII~k
1~9PORTANT RIGHTS.
YOU SHOULD TAKI: THIS PAPER TO YOUR LAI~TYER AT ONCE. IF YOl_~ Dt) NOT
HAVI-, A LAWYER, GO TU OR TELEPHONE THE OFFICE 5ET FORTH BEI,Oti'~%. 'I"II,S OFFICE
CA':~I PkOVIDE Y'OU WITH INFORMATION .1BOL)T' HTRIING A LAWYER.
II~ YOI ::ANNOY AFFORD TO FARE :1 I_Ati~"1'Ek; '€"HIS L3hFiCI M:11 ~I! ,°, I, ?_; "I'C~
I'R(;~"'`IDI YClll 1VI"T"ll INI?t)R~IATION ,~1BOI_~'I' AGENCIF?S'THAT 11-1A~ ')F~FI~,k LF~{ 1t ;F k:l'ICLS
~TO E;tvIGII3i I: PERSONS AT A .REI~iiCEI7 FEE OR NO FEE.
Of~ice cif the Prothonotary
Cun~berlar.d County Courthouse
1 Courthouse Square
Carlisle, PA 17013
('' I ? 1 240-6I 95
C'LMBERL,AND ('OUNIY B;1k
ASSOCiA"PION
CUMBER'.LAND COUNTY COITRTHO["~~(
t I_,IBEI2TY A'JENTJE
CARl~ISLE, PA 17013
+:? 7) 249-31 fib
Bv~
:Justin ', cal esk'i. ustlula•t~ -
AYtcn e forPLiintiff
Phelan Hallman & Schmieg. LLP
1617 .TFK Boulevard, Suite 1440
One Pe-nn Center Plaza
Philadelphia, PA 19IOs
NI35 i# iU34 %~
Phelan Hallinan, LLP 11,1
Zachary Jones, Esq., Id.No.3
Q?A�F R L C 0 U N T Y ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard,
One Penn Center Plaza
Philadelphia,PA 19103
Zachary.iones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
CHERYL S. GETTY
No.: 12-4668 CIVIL
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter,and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on July 26,2012.
2. Judgment was entered on October 25, 2012 in the amount of$285,289.47. 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 June 5,2013.
303972
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 $280,263.42
Interest Through April 11,2013 $12,451.87
Late Charges $216.21
Legal fees $1,875.00
Cost of Suit and Title $906.47
Property Inspections $120.00
Mortgage Insurance Premium/Private Mortgage Insurance $1,628.07
Mortgage Insurance Premium to be paid prior to June 5, $571.20
2013
Escrow to be paid prior to June 5,2013 $1,079.03
Escrow Deficit $5,459.88
TOTAL $304,571.15
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 Plaintiffs attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on March 20,2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit"B".
10. No judge has previously entered a ruling in this case.
303972
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: 7^`V By*Zn Es quire
OR PLAINTIFF
303972
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
V.
CUMBERLAND County
CHERYL S. GETTY
No.: 12-4668 CIVIL
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
CHERYL S. GETTY 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
2608 CHESTNUT STREET, CAMP HILL, PA 17011-4622. 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
303972
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.
11. 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 Cori).v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guggpt Trust Co. of N.Y. v. Mowl,705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super, 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445
Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.,332 Pa. 545,2 A.2d
826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem,it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Bums,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment,and if there is competitive bidding for the Property,
303972
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 ajudgment to conform to the facts of a case. 257 Pa.
Super. 157,390 A.2d 276(1978). In the within case,the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the 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.
111. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to 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).
303972
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,
Plaintiff s 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,
303972
V1. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents,preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment,the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v.Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Egally, 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.
303972
V11. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
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.
303972
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.
303972
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: By:
Z S, squire
tpre
Wttoor aintiff
303972
Exhibit "A"
303972
�
^
Jonathan Lobb,Esq.,Id.No.312174
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza Z-�
215-563-7000 r
WELLS FARGO BANK,N.A. CUM33ERLAND COUNTY
VS. COURT OF COMMON PLEN& '01c'
CHERYL S.GETTY CPVILDP;ISION
No.124668 CP;IL
PRAECIOPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enterjudgment in favor of the Plaintiff and against QffaU S.
Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as
As set forth in Complaint
TOTAL
W5,289.47
1 hereby certify that(1)the Defendant's last Imown addresses are 2608 CHESTNUT
STREET,CAMP HII-L,PA 17011-4622 and 343 REGENT STREET,CAW HILL,PA 17011,
and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Aorney for Plaintiff
PRJZ3
Exhibit "B"
303972
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 and New Jersey
March 20,2013
CHERYL S. GETTY
2608 CHESTNUT STREET
CAMP HILL,PA 17011-4622
RE: WELLS FARGO BANK,N.A. v. CHERYL S. GETTY
Premises Address: 2608 CHESTNUT STREET CAMP HILL,PA 17011
CUMBERLAND County CCP,No. 12-4668 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment.Please
respond to me within 5 days, by 3/26/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Veryt� Of•,
lac. 4 Y. ,t A 1'sq., Id. No.310721
1 altifl°
303972
Name and Phelan Hallinan,LLP r
Address 1617 JFK Boulevard, Suite 1400
Of Sender One Penn Center Plaza
flail . iphiuf.PA 19103 KY'1tJ _
Line Article Number 'Fame of Addres ee,Strerci and Post Office.Address { Posikge
.__. . ... .. _..,.. _. . .
1 ***
CHERYL S.GETTY � S0.46
2608 CHESTNUT STRFE I` !
CAMP HILL,1 A 17011-4622 � .....
2 ***x f..`Hk 12YL S PETTY $0.46
343 REGENT STREET
CAMMP HILL,PA 17011
RE: CHERYL S.GET 1'Y(CUMBERLAND)MBERLAND) PHS#303972/1200 Paoe 1 of 1 $0.92
_............... _ _.._._._� _ _.w.._. .
_ _ .
Total Number of -j Total Number of Pieces j Postmaster,Per(Name of � �The Tsai!;zrtu:ati:ir o'vaiteE.is required on all domestic and intentatzo t.r r tert.9 malt The ma.,
f Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Marl document reconstruction in:
1I piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express is "* .
{ The maximum indemnity payable is 525,000 for registered mail,sent with optional insurance. See
R900 Sq 13 and 5921 for limitations of coo nn„t_ --
l�!'orna 3$77 Facsimiile
303972
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
V.
Civil Division
CHERYL S. GETTY CUMBERLAND County
No.: 12-4668 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
CHERYL S. GETTY CHERYL S. GETTY
2608 CHESTNUT STREET 343 REGENT STREET
CAMP HILL, PA 17011-4622 CAMP HILL,PA 17011
Phelan Hallinan,LLP
DATE: .� By:
*OOR squire
PLAINTIFF
303972
AFFIDAVIT OF SERVICE(FHI MC)
PLAINT[FF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PHS#303972
DEFENDANT SERVICE TEAM/bh ,
CHERYL S.GETTY COURT NO.:124668 CIVIL „ �
SERVE CHERYL S.GETTY AT: TYPE OF ACTION ;
343 REGENT STREET XX Notice of Sheritr's Sale
CAMP HILL,PA 17011 SALE DATE: June 5,2013 U)
SERVED
3W c-3
Served and made known to RYL S TTY,Defendant on the]I day of 20.4 at Z C .p
�,o'clock 9sonally M.,at I'T ,in the manner described below:
_Defendant served.
Adult family member with wham Defendants)reside(s).
Relationship is_R(,a"
_Adult in charge of Defendant's residence who refused to give name or relationship.
_Manager/Clerk of place of lodging in which Defendant(s)reside(s).
_Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
_Other.
De I ption: Age 1�Height _ Weight (� Race �F3ez 1" Other
I, 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
unworn falsification to authorities.
DATE: 3 NAME:
PRINTED NAME: 1 �+
TITLE:
NOT SERVED
On the dery of ,20_,at o'clock_.M.,I, a competent adult hereby
state that�eadant 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 unworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLARkrM
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHERYL S. GETTY
DEFENDANT NO. 12-4668 CIVIL
ORDER OF COURT
AND NOW, this 3rd day of April, 2013, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before April 24, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
,%� 4�
M. L. Ebert, Jr., J.
Y Zachary Jones, Esquire
Attorney for Plaintiff
v Cheryl Getty
Defendant
bas
-
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
CHERYL S. GETTY
No.: 12-4668 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's April 3, 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. c o
—0Z w --i
CHERYL S. GETTY CHERYL S. GETTY `- `�
2608 CHESTNUT STREET 343 REGENT STREET i @
CAMP HILL, PA 17011-4622 CAMP HILL, PA 17011 c —i o
z-,;
>CZ cp GC)
z
Phela ]linai . LLP f?
DATE: l L l3 By:
Jona an M. �t owicz,Esq., Id.No.208786
Att ey for Plaintiff
303972
rit
i LED-OF EICE
Phelan Hallinan, LLP JF THE PPOTHONOTAI
Jonathan Lobb, Esq., Id. No.312174 AT`T'ORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 2013 APR 30 AM 10: 15
One Penn Center Plaza CUMBERLAND COUNTY
Philadelphia, PA 19103 PENNSYLVANIA
Jonathan.Lobb @phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. : Court of Common Pleas
•
Plaintiff
• Civil Division
•
vs.
• CUMBERLAND County
•
CHERYL S. GETTY
• No.: 12-4668 CIVIL
•
Defendant
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on April 1, 2013.
2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy
of its proposed Motion to Reassess Damages and Order to the Defendant on March 20, 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.
3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about April 3, 2013
directing the Defendant to show cause by April 24, 2013 why the Motion to Reassess Damages
should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof,
and marked Exhibit B.
4. The Rule to Show Cause was timely served upon all parties on April 12, 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
April 24, 2013.
303972
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: yb y/j 3 By:
Jo an Lobb,Esq.,Id. No.312174
Attorney for Plaintiff
303972
Exhibit "A"
303972
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 and New Jersey
March 20,2013
CHERYL S. GETTY
2608 CHESTNUT STREET
CAMP HILL, PA 17011-4622
RE: WELLS FARGO BANK,N.A. v. CHERYL S. GETTY
Premises Address: 2608 CHESTNUT STREET CAMP HILL, PA 17011
CUMBERLAND County CCP,No. 12-4668 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment.Please
respond to me within 5 days, by 3/26/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very t y 'lur .
Zac _` ,x1., Id. No.310721
A • n PI:intiff
fuel if e
303972
,. — -----.--...... .............- -._.... . .. .. ......,_:..____.:,.._.:._:_.,__ .. .. ......—.. ____.___
. .... ..,..„....,..---,„...
. . .:
. .
C,1
S
t.ioz, ,:)' ,%,,,.'1% ,.. &I,v,c-v- 3,'i-iirtv.,*•:;7 A Cs
re)
:-
OttZ 00 S „, ,°::-"J ..Z;:f? -'•':'..1.!.....i'1.7"4....:,..."'!:.1.:. C>
rn
1
(N-- ON.:..',<,‹':!'•)''c l.1..S-.)d:::.n •..,-.„ ..,,.:..•,,. , -,.. ,,,-mp.
a.-,.
'..2.-.4
• ... •vz. rl __ 1-.. . e
c''
.n •
(A
g e Ei
Hi-61
...., a.5..4.
-14 E ti
.cza E••■=.
''' ,-• . P.
E .T.
0 v.
. a .. p
_
o
" F▪'E'c;• . g
4' ,L, r`c...g•.-
-5 0• .g.
_ ."
9..E';','0 0>
Cy)
c, Boi3e,
4.4
■--, = ■-• = g.
.
N
2
en
4..t
c4
..,-.
<0) =
4;
> ri
4
-o
-,,t
. iz t
CZ < 5 if
4.
0 „„4 Z t■
4.4
V;
.., w .
E•
a) 1,7, W —T „„...................._
..,,,
am. - >" ts- 'Or •
... > , :A c.z.4 . Fr- '.*'! • >
0 a) < 4,* C. ;•Tml cr 0., (4 .
' y.S. 1 i6
y,'''
s:0
73 ,., "•:. , 41; ,..1 w ...* ...1 44 . pm, ,a.17;
, ....., . ,..., .
3
f 4
— r- ;d E W 'X' ;1•4 24
czt.
a, -, C) ..a.. ...7. c) 0'4 (.) c) ti) C.) g4
1..)
.0
E
:
I
' E
co)
Co)
0 .K •K -a iTt
TJ E> 1---
,..
li F 1 ,.-
°1 r-
oc
44
0
z < 0 . ,•—■
....... .._
Exhibit "B"
303972
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHERYL S. GETTY
DEFENDANT : NO. 12-4668 CIVIL
ORDER OF COURT
AND NOW, this 3rd day of April, 2013, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before April 24, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
\\\V\r` A
M. L. Ebert, Jr., J.
Zachary Jones, Esquire
Attorney for Plaintiff _ <
Cheryl Getty rte'
Defendant -<> s c')',)
a w}
bas ;<;: `: '
m -;
Exhibit "C"
303972
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq.,Id.No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
j onathan.etkowicz @phel anhal linan.corn
215-563-7000
WELLS FARGO BANK,N.A. : Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
CHERYL S. GETTY
No.: 12-4668 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's April 3, 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.
CHERYL S. GETTY CHERYL S. GETTY
2608 CHESTNUT STREET 343 REGENT STREET
CAMP HILL, PA 1 701 1-4622 CAMP HILL, PA 17011
Phelan..1l li na 1.1 P
DATE: IL 13 By: _
Jonxa) ui M. 0,0,4 ic z. l�st1.,Id. No.208786
Atto{ur% for Plaintiff
303972
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff
Civil Division
vs. •
CUMBERLAND County
CHERYL S. GETTY
No.: 12-4668 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
CHERYL S. GETTY CHERYL S. GETTY
2608 CHESTNUT STREET 343 REGENT STREET
CAMP HILL, PA 17011-4622 CAMP HILL,PA 17011
Phelan Hallinan, LLP
DATE: 69/13 By:
3 athan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
303972
f r41
F1 LED—OFF ICL
sDF THE PROTHONOTARY
PHELAN HALLINAN,LLP Attorney for P12AIMpR 30 AM 10: 10
Meredith Wooters,Esq.,Id.No.307207
1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
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
CHERYL S.GETTY
Defendant(s) No.: 12-4668 CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA , )
PHILADELPHIA COUNTY ) SS:
As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Meredith Wooters,Esq.,Id.No.307207
r� n Attorney for Plaintiff .
Date:
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PHS#303972
Name and PhetassHallinan,LLP
Address 1617)FK Boulevard,Suite 1400
OfSra'sder One Penn Center Plaza
Philadelphia,PA 19103 AZK/GNM-061052013 SALE
Line Article Number Name of Addressee,Street and Post Office Address I Postage
1 *•*: TENANTIOCCUPANT _
$0.44
26M CHESTNUT STREET
CAMP HILL PA 170114622
i
2 '*• Commerce Bsnk/Hsrrisburg,NA 50.44
Mi Erford Road sad Senate Avenue
} Cam Hill PA 17001 aooti C
3 *'** Commerce lBank/Hsrrisburg,NA
l00 Senate Avtnue E
Camp Hill PA 17041
4 *a*' Commerce Banklllsrrlsburg,NA C/O Peter M.Good,ESOUIRE SO." m
3631 N FRONT —t!t 11 �{v
HARRISBURG PA 17110 m CD
S ***' Commonwealth of PA Dept.of RevenueBurats of Compliance 50.44 q7 C3
P.O.Box 280948 °+;
Harris'bu PA 17128.0948 c V
PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE $0,44 s>
P.O.BOX 280946
HARRISBURG PA 1712811946
7 ..*► Ronald Butler,P.C.T/D/BJA Butler LowFirsa ,4a
PO BOX 1004
500 North 3rd Stmt.
Harrisburg,PA 17101
'~ 8 *'*' Ronald Batter,P.C.T/DIB(A Butler Low Firn CIO Ronald D.Butler,ESOUME 50.44:
1007 MUMMA ROAD STE 101
LEMOYN PA 17043
9 **** Domestic Relations of Cunbtrisod County 50.44
r 13 North HsnoverStreet
rarlisiti PA I7013
10 **" Commonwealth of Pennsylvania Department ofWelfkm 50.44
".Box 2675
'
Harrisburg,PA 1.7105 �
11 *"*• Internal Revenue Service Advisory S0."
' 1000 Liberty Avenue Room 704 `
fittsbur2h,PA 15222
12 **** U.S.Department of Justice $0.44
U.S.Attorney for the Middle District of PA Federal Building
228 Walnvt Street.Soite 220
PO Box 11754
`" . Harrlsbu PA 17108-1754
55.2f1
"`iA runtIWmLer e! rwlNmbOIIMeaa rl.t.s .P.(4—of 7M 1u11dod fin or,%J.is aptietd wAldom,sslio sad iatmxiona:rff3stard awn.7M a is 6d—ay prya3b
Pine:Listed bN Seedy R+tai+at a t'WOfrte iirtdviet.Etsgitgee) far ut raonst%C ten eNfginttdisDk doeuunts Under EIV Mal doeueas eemnanx6m imm is S".000 per
pka S0*'0 to a licit of s$00,000 pa cawme im The maxire idmaity psyswe an arpm\Ut matbudar&$SW.
The fed.=WC.1"ity payok is r'sS,070 Ltr ngbkr d awl,aem uiA opeoid atttfeewe,See Domatk Jow m1 ut
ne x S913 aced 021 rc fi iuiwo ofoo.
Form 3877 Facsimile
Y.
• j �} rA r "^,
1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
1
VS. :
CUMBERLAND Co '-�
CHERYL S. GETTY X 'M - ^'
No.: 12-4668 CIVILu;
Defendant rte-= � ��
ORDER >CZ N '
AND NOW, this �� day of M41 , 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 $280,263.42
Interest Through April 11, 2013 $12,451.87
Late Charges $216.21
Legal fees $1,875.00
Cost of Suit and Title $906.47
Property Inspections $120.00
Mortgage Insurance Premium/Private Mortgage Insurance $1,628.07
Mortgage Insurance Premium to be paid $571.20
Escrow to be paid $1,079.03
Escrow Deficit $5,459.88
TOTAL $304,571.15
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY THE COURT:
1�
J.
n("
O 303972
'SHERIFF'S OFFICE OF CUMBERLAND COUNTY
` E,
; «.
Ronny R Anderson ,- ` '' ')-0 !iC$
Sheriff s 3'R0TH0 r:'V
�#���,�v 27 Of 9: 57
Jody S Smith �
r
Chief Deputy �
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFFICE OF THE SKERIrP PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs.
Cheryl S. Getty 2012-4668
SHERIFF'S RETURN OF SERVICE
04/03/2013 11:57 AM -Deputy Shawn Harrison, 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 2608 Chestnut Street, Camp Hill - Borough, Camp Hill,
PA 17011, Cumberland County.
04/04/2013 08:01 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Cheryl S. Getty at 343 REGENT ST, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County.
06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He
sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan
Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of
SHERIFF COST: $906.08 SO ANSWERS,
August 19, 2013 RONW R ANDERSON, SHERIFF
Lev
44t
(c)CountySuife Sheriff,Telecsoft,Inc.
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff .
CIVIL DIVISION
V.
NO.: 12-4668 CIVIL
CHERYL S. GETTY .
Defendant(s) .
CUMBERLAND COUNTY
PHS#303972
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe
for the Writ of Execution was filed,the following information concerning the real property located at 2608 CHESTNUT STREET,
CAMP HILL,PA 170114622.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
CHERYL S.GETTY 343 REGENT STREET
CAMP HILL,PA 17011
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
CHERYL S.GETTY 343 REGENT STREET
CAMP HILL,PA 17011
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)
COMMERCE BANK/HARRISBURG,NA ERFORD ROAD AND SENATE AVENUE
CAMP HILL,PA 17001
COMMERCE BANK/HARRISBURG,NA 100 SENATE AVENUE
CAMP HILL,PA 17011
COMMERCE BANK/HARRISBURG,NA 3631 N FRONT STREET
C/O PETER M.GOOD,ESQUIRE HARRISBURG,PA 17110
RONALD BUTLER,P.C.T/DB/A BUTLER PO BOX 1004
LAW FIRM 500 NORTH 3RD STREET
HARRISBURG,PA 17101
RONALD BUTLER,P.C.T/DB/A BUTLER 1007 MUMMA ROAD
LAW FIRM C/O RONALD D.BUTLER, STE 101
ESQUIRE LEMOYNE,PA 17043
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)
COMMONWEALTH OF PA DEPT.OF P.O.BOX 280948
REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0948
PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280946
OF COMPLIANCE HARRISBURG,PA 17128-0946
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 2608 CHESTNUT STREET
CAMP HILL,PA 17011-4622
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET \
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: ( B :
Ln lHallinaE,LLP
Melissa J.Cantwell,Esq.,Id.No.308912
Attorney for Plaintiff
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 12-4668 CIVIL
CHERYL S. GETTY
Defendant(s) CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: CHERYL S. GETTY
343 REGENT STREET
CAMP HILL, PA 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house(real estate) at 2608 CHESTNUT STREET, CAMP HILL,PA 17011-4622 is scheduled to
be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$285,289.47 obtained by WELLS FARGO
BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at
said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be'canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
f
x
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
i
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected,situate in the Borough of Camp Hill,
Cumberland County,Pennsylvania,bounded and described as follows:
BEGINNING at a pipe on the north side of Chestnut Street(60 feet wide),said pipe being 160 feet east of the
northeast corner of Chestnut and South 27th Street;thence extending from said pipe along premises now or
formerly of George M. Salkeld,Jr.,known as#2612 Chestnut Street north 03 degrees 31 minutes 40 seconds
east, 144.75 feet to a pin on the south side of land now or formerly of Oren C.Gruver;thence along the same
south 86 degrees 20 minutes 20 seconds east,40.48 feet to a pipe at the corner of a 15 feet wide unnamed
alley;thence along the same south 03 degrees 31 minutes 40 seconds west, 1-47.90 feet to a nail on the north
side of Chestnut Street aforesaid;thence along the same,north 82 degrees 01 minutes 20 seconds west,40.60
feet to a point,the place of BEGINNING.
TITLE TO SAID PREMISES VESTED IN Cheryl S. Getty,by Deed from Carol A.Muriceak,dated
04/25/2008,recorded 04/29/2008 in Instrument Number 200813735.
PREMISES BEING:2608 CHESTNUT STREET,CAMP ROLL,PA 170114622
PARCEL NO.01-21-0271-525.
SHORT DESCRIPTION
By.virtue of a Writ of Execution NO. 12-4668 CIVIL
WELLS FARGO BANK, N.A.
vs.
CHERYL S. GETTY
owner(s) of property situate in CAMP HILL BOROUGH, Cumberland County,
Pennsylvania,being
(Municipality)
2608 CHESTNUT STREET, CAMP HILL, PA 17011-4622
Parcel No. 01-21-0271-525.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $285,289.47
Phelan Hallinan,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-4668 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 CHERYL S. GETTY
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the gamishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $285,289.47 L.L.: $.50
Interest FROM 10/26/2012 TO DATE OF SALE($46.90 PER DIEM)-$10,458.70
Atty's Comm: Due Prothy:$2.25
Atty Paid: $191.75 Other Costs:
Plaintiff Paid:
Date: 1/15/13
David D. Buell,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: MELISSA J. CANTWELL, ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BOULEVARD,SUITE 1400
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 308912
TRUE COPY FROM RECORD
In Testimony whereof,,l here unto set my hand
and the seal of said CoLkd at Carlisle,Pa.
This day of ,20!Z_
/B
Q Proti n
1.
h
On March 12, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Camp Hill Borough, Cumberland County, PA,
Known and numbered as, 2608 Chestnut Street,
Camp Hill, Exhibit "A" filed with this writ
and by this reference incorporated herein.
Date: March 12, 2013
By:
Real Estate Coordinator
LS 0 d 9 ! NVr t18l
CUMBERLAND LAW JOURNAL
Writ No. 2012-4668 Civil
WELLS FARGO BANK,N.A.
vs.
CHERYL S. GETTY
Atty.:Joseph P. Schalk
By virtue of a Writ of Execu-
tion NO. 12-4668 CIVIL, WELLS
FARGO BANK, N.A. vs. CHERYL S.
GETTY owner(s)of property situate in
CAMP HILL BOROUGH,Cumberland
County, Pennsylvania, being 2608
CHESTNUT STREET, CAMP HILL,
PA 17011-4622.
Parcel No. 01-21-0271-525.
Improvements thereon:RESIDEN-
TIAL DWELLING.
JUDGMENT AMOUNT:$285,289-
.47.
35
a+ �
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 12, April 19 and April 26, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
U' a Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
6 da of A ril 2013
Notary
NOTARIAL SEAL
EBORAH A COLLINS
Notary Public
CROUGH,CUMBERLAND COUNTY
mission Expires Apr 28,2014
The Patriot-News Co.
2020 Technology Pkwy f n w eWs
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries -717-255-8213
CUMBERLAND CO, SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s)shown below:
04/16113
04123113
WELLS 2012-4668 CPAI 04130113
FARGO BANK,N4
VS.
CHERYL S.GAY
Atty.Joseph P Schalk . . . . . . . . . . . . . . . . . . . . . . . . . .
BY virtue a Writ of Execution No.12_
4W CIVIL of FAR BANkNA.
Sworn to a subscribed before me this 13 day of May, 2013 A.D.
WELLSGO
V&
CHERYL S.GEM
owner(s) of Property situate in CAMP
HILL BOROUGH, Cumberland County, ry Public
Pennsylvania,being
(Municipality)
PA2608 CHESTNUT STREET,CAMP HILL,
17011-4622 (71
-Pat`00 No.01-21-0271-525.
(Acreage or street address) COMMONWEALTH OF PENNSYLVANIA
Notarial e-
briprovements thereon: RESIDENTIAL Notary Public
DWELLING Holly Lynn ware,
JUDGMENT AMOUNT$285,289.47 Washington wp., auphin County
My Commission Expires Glec.12,2016
MEMBER PENNSYLVAN A ASSOCIATION of NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
1,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Federal Home Loan Mortgage is the grantee the same having been sold to
said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the
15th day of January, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term,
2012 Number 4668, at the suit of Wells Farszo Bank,N.A. against Cheryl S. Getty is duly recorded as
Instrument Number 201328472.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this �171 day of
A.D. c2D 13
Recorder of Deeds
Recorder ol Deeds,CumbeftdCourq,Cofmfe,PA
My Commission DOM the Fff9 Monday of Jan.2014