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HomeMy WebLinkAbout12-4787 NO N 3! ti: t 1L,J ? .J !'(' '" =`r RLA?dD COUNTY `NNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. .3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF' COURT OF COMMON PLEAS Plaintiff V. EVEI_,YN R. SMITH TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 Defendants CIVIL DIVISION TERM NO. ? ? q -? Y? ?Ull CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File ti 301517 S &10175?d a _ r 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 ,\BLE 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 Filet': 301517 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: EVELYN R. SMITH TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2009 EVELYN R. SMITH and TERRY L. SMITH made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR NATIONAL BANK OF KANSAS CITY which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200924020. B} Assignment of Mortgage recorded 04/30/2012 the mortgage was assigned to PLAINTIFF which Assigrunent is recorded in Assignment of Mortgage Instrument No. 201212474. The mortgage and assignment(s), if any, are matters of public record and are incorporated) herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File # ',01517 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 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 07/20/2012: Principal Balance $153,983.70 Interest Through 07/20/2012 $3,969.66 Late Charges $136.26 Property Inspections $30.00 Escrow Balance ($175.69) TOTAL $157,943.93 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File , ;01;17 WHEREFORE. Plaintiff demands an in rem judgment against the Defendant(s) in the sum of S 157,943.93, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. AN & SCHMIEG, LLP Bvi: G. for 1'iaintiff File ;: 301517 LEGAL DESCRIPTION All that certain parcel of land situate in the City of Mechanicsburg, Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described as follows: Beginning at a concrete monument seat in the Southerly dedicated right-of-way line of Baish Road, said monument being located of distance of 715 feet, more or less, West of the center line of Helsey Road at the division line between Lots No. 3 and 2 on the hereinafter mentioned Plan of Lots: thence along said division line, South 6° 14' East 200 feet to a point; thence North 88° 23' 40" West, 131.10 feet to a point on lands now or late of John F. Stamy, 111, et ux.; thence along said lands now or late of Stamy, North 1 ° 05' 40" East, 190 feet to a concrete monument on the Southerly right of way line of Baish Road, thence by the same by the arc of a curve having a radius of 885 feet and a chord bearing North 87° 11' 46" East a distance of 105.83 feet to a concrete monument (this bearing erroneously described in prior Deed) the Point and Place of Beginning. Taxid#:22-11-0280-072 PROPERTY ADDRESS: 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 PARCEL, # 22-11-0280-072. File # 301 517 VERIFICATION Samir Erian hereby states tha he/ he is Vice President Loan Documentation of WELLS FAR I O BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, tha e/ he is authorized to make this Verification. and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best his/ er information and belief. The undersigned understands that this statement is irade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Samir Erian \ DATE: 07/25/2012 Title: Vice President Loan Documentation 032-11A-V3 PHS: 301517 FORM 1 WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) (7) rv r_ r- -; SM ? FORECLO??r?C-} 6kf S C'' vs. EVELYN R. SMITH TERRY L. SMITH Defendant(s) p( ?? p I Civil NOTICE OF RESIDENTIAL MORTGAGE 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 abile 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) 243-11 40 0 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to }1 ou. 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 fo:r 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 conferenco? 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. Date 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 informationo the best of your knowledge: 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: State: Zip: Yes ? No El Listing date. _ -Price: $ ___ Yes No El -Realtor Phone: ? --- -_ Home: Cell: Office: Other: State: -Zip: How long? _ State:---Zip: Home:- Office: Cell: Other: - How long? First Mortgage Lender: Type of Loan: ---- - _ Loan Number: Date You Closed Your Loan: Second Mortgage Lender: - - Type of Loan: -- Loan Number: - - - - Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for DefaultL. Is the loan in Bankruptcy? Yes El No [] If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model Amount owed: Value: _ Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: Monthly Gross _Monthly Net 2 Monthly Gross _Monthly Net 3. Monthly Gross _Monthly Net Additional Income Description (not wages): L ____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 Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fueUrepairs Install. Loan Payment Other prop. payment Cable TV _ Child Su ort/Alim. - Spending Money" Day/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: Year: Year: Counselor: Phone (Office): Fax: Email Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? YesE] 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 C] 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: UWe, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating; my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation two use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date 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 I 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 Sheriff R Anderson ~ 1~~-~~~H4~~~Ax~` ~$i~~icr ct ~:sembrrf~~~ c ~° Jody S Smith ,. jg ,~~ Chief Deputy ~ ; ~ f .7 ~ f3 ~M Richard W Stewart `'~ s.. ~~ (',f~~~ SOIICItOr QF~tCE C' '4E Sr~RIFF ~+~)~~~~~~,,,A` ~~`~~1 Wells Fargo Bank, N.A. vs. Cease Number Evelyn Reid Smith 2012-4787 SHERIFF'S RETURN OF SERVICE 08/13/2012 03:48 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, stapes that on August 13, 2012 at 1548 hours, she served a true copy of the within Complaint and Mortgjage Foreclos re and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Occupant of 1161 Baish Road, Mechanicsburg, Pennsylvania 17055, by making knov-rn unto Terry Smith, Husband of Evelyn Reid Smith at 1161 Baish Road, Mechanicsburg, Cumberland bounty, Pennsylvania 17055 its contents and at the same time handing to him personally the said!true and cor ct copy of the same. Deputies were advised, Terry Smith is the current resident of 1161 Baish Road, Mechanicsburg, Pennsylvania 17055, and Evelyn Reid Smith no longer resides at this residence. _ COBAUGH, 08/13/2012 04:35 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, stapes that on August 13, 2012 at 1635 hours, she served a true copy of the within Complaint in Mortga~e Foreclosur and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within nam d defendant, to wit: Evelyn Reid Smith, by making known unto herself personally, at 555 Harvest Lane, Mlechanicsbur , Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally he said true and correct copy of the same. , COBAUGH, 08/14/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Evelyn Reid Smith, but was unable to Ipcate her in f• bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Evelyn Reid Smmith. Reque for service at 1161 Baish Road, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Evelyn Reid Smith currently resides at 555 Harvest Lane, Mechanicsburg, Pennsylvania 1'7055. SHERIFF COST: $85.00 August 14, 2012 SO ANSWER''S~, G~ ~ lss~ RON R ANDE SHERIFF (c) County5uite S17enff, Teleosofl, Inc. C ° C= MF r' CD- 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. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Term V. No.2012-4787-CIVIL EVELYN R. SMITH TERRY L. SMITH Cumberland County 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On July 31, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due March 1, 2012, 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 August 13, 2012, Plaintiff completed service of the Complaint in Mortgage' Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of 301517 Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service.. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. . If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the.Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants 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 HAL IN N, LLP Date: 460J,14 BY: os ph Schalk, Esquire PA��oAt rney for Plaintiff 301517 Exhibit A ►a -i rn 7►:n z --t PHELAN HALLINAN dt SCBMMG,LLP "`t CA 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Pent(Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. .3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL,SC 29715 CIVIL DIVISION Plaintiff V. TERM EVELYN R. SMITH NO. TERRY L. SMITH 1161 BAISH ROAD CUMBERLAND COUNTY MECHANICSBURG,PA 17055-9757 Defendants CIVII.ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the within to be a true and A�w►►,., . correct copy of the Please Return original filed of record File 301517 F 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 HIItING 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 N: 301517 1. Plaintiff is WELLS FARGO BANK,N.A. 3476 STATE VIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: . EVELYN R. SMITH TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG,PA 1.7055-9757 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2009 EVELYN R. SMITH and TERRY L. SMITH made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR NATIONAL BANK OF KANSAS CITY which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200924020. By Assignment of Mortgage recorded 04/30/2012 the mortgage was assigned to PLAINTIFF which Assigmnent is recorded in Assignment of Mortgage Instrument No. 201212474. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4: The premises subject to said mortgage is described as attached. File N: 301517 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 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. 6. The following amounts are due on the mortgage as of 07/20/2012: Principal Balance $153,983.70 Interest'Through 07/20/2012 $3,969.66 Late Charges $136.26 Property Inspections $30.00 Escrow Balance ($175.69) TOTAL $157,943.93 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) f 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 1 the date(s) set forth thereon. i 3' i 1� t 1 1 File#: 301517 s i WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $157,943.93,together with interest, costs,fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the r mortgaged property. i DEL: IAN & SCHMIEG, LLP B ' WCz �t�rl, sq,Ed. .8fOS92 Ateorn.y for :a:iwiff Filc N: 301517 LEGAL DESCRIPTION All that certain parcel of land situate in the City of Mechanicsburg, Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described as follows: Beginning at a concrete monument set in the Southerly dedicated right-of-way line of Baish Road, said monument being located of distance of 715 feet, more or less, West of the center line of Helsey Road at the division line between Lots No. 3 and 2 on the hereinafter mentioned Plan of Lots; thence along said division line, South 6° 14' East 200 feet to a point; thence North 88° 23' 40" West, 13 1.10 feet to a point on lands now or late of John F. Stamy, III, et ux.; thence along said lands now or late of Stamy,North 10 05' 40"East, 190 feet to a concrete monument on the Southerly right of way line of Baish Road,thence by the same by the are of a curve having a radius of 885 feet and a chord bearing North 87° 1 P 46"East a distance of 105.83 feet to a F concrete monument (this bearing erroneously described in prior Deed) the Point and Place of Beginning. Tax id#: 22-11-0280-072 PROPERTY ADDRESS: 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 PARCEL#22-11-0280-072. Filc#: 3015.17 f VERIFICATION Samir Erian, hereby states tha he/ he is Vice President Loan Documentation of { z' WELLS FA _ ,rO BANK, N.A., plaintiff or mortgage'seivicing agent for plaintiff in this } f'. matter,til 8( he is authorized to make this Verification, and verify that the statements j made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the r best ails/;l.er information.and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. .C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Samir Erian DATE: 07/25/201.2 Title: Vice President Loan Documentation 032=PA-V3 PHS: 301517 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. EVELYN R.SMITH TERRY L.SMITH Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have 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 25 10 and request appointment of alegal representative at no charge to you. Once you have been appointed a legal represent4tive,you must promptly meet with that legal rcpresentafive within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested finaric-in]information so'that a loan,resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial W60(shed 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 MidPeon Legal Service for the app I ointment of a legal representative.Ho'%hcver,you must provide your lawyor 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 ROME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. idly ubmitt-ed: b� Date GfttiYwd, JdA.31M Alto i-Plaintiff FORM z Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date _ Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSFU 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 naine(s): Property Address: - City: State: Zip: Is the property for sale? Yes No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ No ❑ Mailing Address(if different):, City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home:. Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount, __ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default- Is the loan in Bankruptcy? Ycs❑ No ❑ If yes,provide names, location of court,case number& attorney: Assets Amount Owed: Value: ' Home: $ $ Other Real Estate: $ $ fRetirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value:. Other transportation(automobi.les:'boats,niotorc cY l s): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortflage Food 2.d-Mori a c Utilities Car Pa ment(s) -Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other ia ent Install.Loan Payment Cable TV Child Supyport/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage:Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes(] No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name); Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we 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) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff V�ut4 of cumb��a Jody 5 Smith Chief Deputy Richard W Stewart Solicitor o of TK SKMFF Wells Fargo Bank, N.A. • � Case Number Evelyn Reid Smith 2012-4787 SHERIFF'S RETURN OF SERVICE 08/13/2012 03:48 PM-Amanda Cobaugh, Deputy Sheriff,who being duly sworn according to law,states that on August 13,2012 at 1548 hours,she served a true copy of the within Complaint and Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to wit:Occupant of 1161 Baish Road,Mechanicsburg, Pennsylvania 17055,by making known unto Terry Smith,Husband of Evelyn Reid Smith at 1161 Baish Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised,Terry Smith is the current resident of 1161 Baish Road, Mechanicsburg,Pennsylvania 17055,and Evelyn Reid Smith no longer resides at this residence. %MANDA COBAUGH,DEP 08/13/2012 04:35 PM-Amanda Cobaugh, Deputy Sheriff,who being duty sworn according to law, states that on August 13,2012 at 1635 hours,she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to wit. Evelyn Reid Smith, by making known unto herself personally,at 555 Harvest Lane,Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. &x* 0 DA COBAUGH,DE 08/14/2012 Ronny R.Anderson, Sheriff,who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Evelyn Reid Smith,but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Evelyn Reid Smith. Request for service at 1161 .Baish Road, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Evelyn Reid Smith currently resides at 555 Harvest Lane, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $85.00 SO ANSWERS, August 14,2012 RbNlSV R ANDERSON,SHERIFF (c)ca,mystft sheriff.Telewofl,lnt: PHE LAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street ' Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Tenn V. No. 2012-4787-CIVIL EVELYN R. SMITH Cumberland County TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 Defendants CERTIFICATION OF SERVICE I certify that`a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: EVELYN R. SMITH TERRY L. SMITH 555 HARVEST LANE 1161 BAISH ROAD MECHANICSBURG,PA 17055 MECHANICSBURG,PA 17055-9757 Date: By: t6 &J, Jos h . Schalk, Esquire Att rney for Plaintiff 301517 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 Term V. No.2012-4787-CIVIL EVELYN R. SMITH TERRY L. SMITH Cumberland County 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 Defendants ORDER AND NOW,this !0 day of wwv*. , 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. J. j a.. 301517 j I CC : Evelyn R. Smith and Terry L. Smith 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 EVELYN R. SMITH 555 HARVEST LANE MECHANICSBURG, PA 17055 TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 301517 k NO TA PHELAN HALLINAN, LLP 14 An 9 r Attorney for Plaintiff Jonathan Lobb, Esq.,Id. No.312174 G' 1617 JFK Boulevard, Suite 1400 F'UMBERLAN� R One Penn Center Plaza PE NS QV. ANIA+ r Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION EVELYN R. SMITH TERRY L. SMITH No. 12-4787 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant EVELYN R. SMITH is over 18 years of age and has last known addresses at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and 555 HARVEST LANE, MECHANICSBURG, PA 17055. (c) that defendant TERRY L. SMITH is over 18 years of age and resides at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 13 P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 795279 „Department of Defense Manpower Data Center Results as of:Aug-1 3-2013 i 1:66:06 SCRA 3.0 �'' Status Report Parsuaut to Smricemernbem Civil Relief At( Last Name: SMITH First Name: EVELYN Middle Name: R Active Duty Status As Of: Aug-13-2013 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 f The Member of 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. otr Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ,Department of Defense Manpower Data Center Results as of:Aug-13.21)13 11:46:09 SCRA 3.0 Statu P epot't Pursuant Its Sery cemembe s Civil Relief Act Last Name: SMITH First Name: TERRY Middle Name: L Active Duty Status As Of: Aug-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component r a k'+,"'� ,,,,.,...z x..,•�, •^h NA NA :' �Sl.f.? NA This response reflects the individuals'active duty status based on the Actf+re�Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active ��_Duty End Date Status ib�- 3 Service Component NA iTtt,:..'.ltNA" < :. .' ��.. i .- ,.i._. ,.a:N°". i+i# # NA _ This response reflects where the indk idual left active duty status within 367 days preoeding the'Active Duly Status Date V lk Y r, 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 r t ?�y, NA NA � y'1NA�aR'�...�' '�, °'.r`°� .✓N° '�S?"�.. This response reflects whether the i+dr�v^i.duai or histhe'r unit has received early notifiraf'wn 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. 4 .� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 I ' t f > "-Hr PROTHDNOTk PHELAN HALLINAN, LLP 2013 AUG 16 INI JOA416rney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 4 UIV'IBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 alhson.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS EVELYN R. SMITH CIVIL DIVISION TERRY L. SMITH No. 124787 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 EVELYN R. SMITH and TERRY L. SMITH, 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 $157,943.93 TOTAL $157,943.93 I hereby certify that(1) the Defendant's'last known addresses are 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and 555 HARVEST LANE, MECHANICSBURG, PA 17055, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date lis uc a , Esq., Id. No.309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: eft ,�,,j. PH#795279 PROTHONOTARY 795279Cka)?19/_- (2,%o?q'gIL! PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F.Zuckerman,Esq.,Id.No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION EVELYN R. SMITH TERRY L. SMITH No. 12-4787 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,. as amended. (b) that defendant EVELYN R. SMITH is over 18 years of age and has last known addresses at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and 555 HARVEST LANE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date elan Hallinan,LLP Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 1.9103 215-563-7000 795279 Department of Defense Manpower Data Center Results as of:Aug-15-201302:49:23 SCRA 3.0 Statue deport P rsuatit to miccmembers Civil ReliefAet Last Name: SMITH First Name: EVELYN Middle Name: R. Active Duty Status As Of: Aug-15-2013 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 Dale 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,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4 r • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ' Department of Defense Manpower Data Center Results as of:Aug-15-2013 02:50:22 SCRA 3.0 Status Report Pursumt to Scrvicemembers Civil Relief Aot Last Name: SMITH First Name: TERRY Middle Name: L. Active Duty Status As Of: Aug-15-2013 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 Dale Active Duty Start Date Active Duty End Date Status Service Component NA - NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date r' The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Data Order Notification Start Date Order Notification End Date Status Service Component NA NA . No NA This response reflects whether the individual or hisfher 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. 0 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. EVELYN R.SMITH NO. 12-4787 CIVIL TERRY L.SMITH Defendant(s) CUMBERLAND COUNTY TO: EVELYN R.SMITH 1161 BAISH ROAD MECFIAIN`ICSBURG,PA 17055-9/757 DATE OF NO'T'ICE: `7 /21, //Z 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 ANTY 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 1701.3 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1701.3 (717)249-3166 By._ k�zg�� Jot than Lobb,Esq.,Id.No.312174 Attomey for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 PH#795279 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. EVELYN R.SMITH NO. 12-4787 CIVIL TERRY L.SMITH Defendant(s) CUMBERLAND COUNTY TO: EVELYN R.SMITH 555 HARVEST LANE MECHANICSBURG,PA 1.7055 DATE OF NOTICE:�—ge THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TINS 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 TENT 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 BELO)h". 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 Cumberhind County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: .14Lathan Lobb,Es q.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#795279 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. EVELYN R.SMITH NO. 12-4787 CIVIL TERRY L.SMITH Defendant(s) CUMBERLAND COUNTY TO: TERRY L.SMITH 1161 BAISI-I ROAD MECHANICSBURG,PA 1.7055-9757 DATE OF NOTICE: I)v. 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Z JqIOII-han 6Arb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH 41795279 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS EVELYN R.SMITH TERRY L. SMITH CIVIL DIVISION No. 12-4787 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: 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 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 795279 f i'_ED-O`= ICE `u THE F O THONOTARi Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.3( $3gC T -9 ++ 9: A9fTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CTTERLMh0 COUNTY One Penn Center Plaza -,MNY, AT11A 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 • EVELYN R. SMITH TERRY L. SMITH • No.: 12-4787 CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 31, 2012. 2. Judgment was entered on August 16, 2013 in the amount of$157,943.93. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 1161 BAISH ROAD, MECHANICSBURG,PA 17055-9757 (hereinafter the "Property") was postponed or stayed for the following reason: 795279 a.)The Defendant, EVELYN R. SMITH, filed a Chapter 07 Bankruptcy at Docket Number 1:12-04899 on August 22, 2012. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated November 29, 2012 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". b.)The Defendant, TERRY L. SMITH, filed a Chapter 07 Bankruptcy at Docket Number 1:12-05577 on September 21, 2012. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated January 22, 2013 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 4, 2013. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $153,983.70 Interest Through September 17, 2013 $13,780.69 Late Charges $136.26 Legal fees $2,125.00 Cost of Suit and Title $699.75 Property Inspections $180.00 Escrow to be paid $1,675.12 Escrow Deficit $2,563.02 TOTAL $175,143.54 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 795279 • 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to TERRY L. SMITH on September 23, 2013and requested the Defendants' Concurrence. Plaintiff also sent a copy of its proposed Motion to Reassess Damages and Order to EVELYN R. SMITH on September 30, 2013and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff's letters pursuant to Local Rule 208.3(9) are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12,2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: / �j By: I, Allis. F. 'ucke '. , Esquire TORNEY •R PLAINTIFF 795279 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 alison.zuckerman@phelanhallinan.corn 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County EVELYN R. SMITH TERRY L. SMITH • No.: 12-4787 CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE EVELYN R. SMITH and TERRY L. SMITH 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 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 795279 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 795279 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 795279 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 795279 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. 795279 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. 795279 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. 795279 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,LLP DATE: icleip y: �. All .: Fucker an, Esquire •ttorney for ' intiff 795279 Exhibit "A" 795279 f , 4'J G - PHELAN HALLINAN,LLP Attorney for Pia o ,, -u`r Allison F.Zuckerman,Esq.,Id.No.309519 r- off' 1617 JFK Boulevard,Suite 1400 '�xr'-� One Penn Center Plaza vC, c' Philadelphia,PA 19103 =c-.3 o °t-' alison.zuckerman@phelanhallinan.com 215-563-7000 -c Cri - WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS EVELYN IL SMITH : CIVIL DIVISION TERRY L.SMITH : No. 12-4787 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 _ . As_R.SMITH and TERRY L.SMITH,Defendant(s)for failure to file . 1.11'l4% 't s Complaint within 20 days from service thereof and for foreclosure and sal P.' 1414' it 11 g premises,and assess Plaintiffs damages as follows: As set forth in Complaint $157,943.93 TOTAL $157,94193 I hereby certify that(1)the Defendant's'last knowrmasveg'l '!lal BAISH ROAD, MECHANICSBURG,PA 17055-9757 and 555 HARVEST LANE,MECHANICSBURG,PA 17055,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ��� 7 '. sq.,Id. A •-ey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. .•. { Q / DATE: V )/t1/3 PH a 795279 PROTHONOTARY 795279 Exhibit "B" 795279 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No.l:12—hk-04899—MDF Chapter 7 In re Dcbtor(s)(name(s)used by the dcbtor(s)in the last 8 years, including married,maiden,trade,and address): n R. Smith Social Security I Individual Taxpayer ID No.: xxx—xx-3858 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code,(the Bankruptcy Code). BY THE COURT Dated: 11/29/12 Mary D.France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-04899-MDF Doc 9 Filed 11/29/12 Entered 11/29/12 01:00:17 Desc Ch 7 Discharge Paae 1 of 2 Exhibit "C" 795279 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. l:12—bk-05577—MD F Chapter 7 In re Debtor(s)(namc(s)used by the dcbtor(s)in the last 8 years,including married,maiden,trade,and address): Terry L. Smith 1161 Baish Road Mechanicsburg,PA 17055 Social Security/Individual Taxpayer ID No.: xxx—xx-1738 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code,(the Bankruptcy Code). BY THE COURT Dated: 1/22/13 Mary D.France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-05577-MDF Doc 9 Filed 01/22/13 Entered 01/22/13 01:00:15 Desc Ch 7 Discharae Paae 1 of 2 Exhibit "D" 795279 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 23`d, 2013 TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 RE: WELLS FARGO BANK,N.A.v. EVELYN R. SMITH and TERRY L. SMITH Premises Address: 1161 BAISH ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-4787 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 9/28/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, ,-0, rlliso F. ck• ,Esq, d.No.309519 Attorney for Pb inti ff Enclosure 795279 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LIP Representing Lenders in Pennsylvania September 30, 2013 EVELYN R. SMITH RE: WELLS FARGO BANK,N.A. v. EVELYN R. SMITH and TERRY L. SMITH Premises Address: 1161 BAISH ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-4787 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___CVA0Nope 51\g7k.,-Lbte . Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ,.,-4--'-'7 7, 414111" .' 7/7 Allison Fue,'.-niiau, F ci.,,,Jd. N 109519 Attorney Enclosure 795279 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 • EVELYN R. SMITH TERRY L. SMITH • No.: 12-4787 CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. EVELYN R. SMITH EVELYN R. SMITH TERRY L. SMITH ***ADDRESS REDACTED DUE TO PFA*** 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 Phelan Hallinan, LLP DATE: By: 0,46 Or F. e , Esquire • TO Y ' PLAINTIFF 795279 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 • EVELYN R. SMITH TERRY L. SMITH • No.: 12-4787 CIVIL Defendants RULE AND NOW,this it day of Off/ 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT A - J. rn 2 r Cliff r- '-C >ry - > C N 795279 llison 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 ./L�EVELYN R. SMITH �EVELYN R. SMITH TERRY L. SMITH ***ADDRESS REDACTED DUE TO PFA*** 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 Go/SeS /7/1. 1 IECL. 795279 795279 r t"L\0TH0NO ��s`; V 2ZI3 OCT 2 I IT IO: I I CUMBERLAND COUNTY 'ENNSYLVANIA 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 vs. • Civil Division • EVELYN R. SMITH • CUMBERLAND County • TERRY L. SMITH • No.: 12-4787 CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 11, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. EVELYN R. SMITH EVELYN R. SMITH TERRY L. SMITH TERRY L. SMITH 1161 BAISH ROAD 555 HARVEST LANE MECHANICSBURG, PA 17055-9757 MECHANICSBURG, PA 17055 Phelan H. 'n. � .•- '"111F DATE: (1 By: Ar rifi7Esq., Id.No.309519 I orney for Plaintiff 795279 • �tt .` Tt;3 NOY 14 AM 10: U�Y CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County • EVELYN R. SMITH TERRY L. SMITH • No.: 12-4787 CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 9, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 30, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) are attached hereto, made part hereof, and marked as Exhibit A. 795279 3. A Rule was issued on October 11, 2013 directing the Defendants to show cause by October 31, 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 18, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 31, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 11/7113 By: 411, _ ' John D. -, Esq., Id.No.312244 Attorney or Plaintiff 795279 Exhibit "A" 795279 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 30,2013 EVELYN R. SMITH 555 HARVEST LANE MECHANICSBURG,PA 17055 RE: WELLS FARGO BANK,N.A. v. EVELYN R. SMITH and TERRY L. SMITH Premises Address: 1161 BAISH ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-4787 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 Oesi oe i' ,260' . Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison I Id.N t.309519 Attorney I'. .. Enclosure 795279 Exhibit "B" 795279 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 EVELYN R. SMITH TERRY L. SMITH No.: 12-4787 CIVIL Defendants RULE AND NOW,this /Pk day ofOrjelvt213, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 / / 7-4 en 47, r 27-1 r- cri r- c3 795279 Allison F. Zuckerman, Esq.,Id,No.309519 Phelan Hallinan, 1617 JEK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 EVELYN R. SMITH EVELYN R. SMITH TERRY L. SMITH ***ADDRESS REDACTED DUE TO PFA*** 1161 BAISI I ROAD MECHANICSBURG, PA 17055-9757 795279 795279 FILED-Or� rg � dF THE PROTHONOTAR HONOTAR 2013 OCT 2 I AM 10: H CUMBERLAND COUNTY PENNSYLVANIA ,. Fiie Copy Phelan Hallinan, LLP tease Return 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 vs. L€ y Civil Division MOM R4turn EVELYN R. SMITH CUMBERLAND County TERRY L. SMITH No.: 12-4787 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 11,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon -he following individuals on the date indicated below. EVELYN R. SMITH EVELYN R. SMITH TERRY L. SMITH TERRY L. SMITH 1161 BA1SH ROAD 555 HARVEST LANE MECHANICSBURG,PA 17055-9757 MECHANICSBURG,PA 17055 Phelan Hallinan, DATE: 1 _h. _ By: T ` llisr F. ue orinaii Esq.,Id.No.309519 Attorney for Plaintiff 795279 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County EVELYN R. SMITH • TERRY L. SMITH • No.: 12-4787 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. EVELYN R. SMITH EVELYN R. SMITH TERRY L. SMITH ***ADDRESS REDACTED DUE TO PFA*** 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 Phelan Hallinan, LLP DATE: Iihc il3 By: John D. hn, Esq., Id.No.312244 Attorney for Plaintiff 795279 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY 1 WELLS FARGO BANK,N.A. PH#795279 DEFENDANT SERVICE TEAM/lxh EVELYN R.SMITH COURT NO.:12-4787 CIVIL TERRY L.SMITH SERVE TERRY L.SMITH AT: TYPE OF ACTION 555 HARVEST LANE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055 SALE DATE: December 4,2013 SERVED Served and mad own to TERRY L.SMITH,Defendant on the .,,day of Q70 20Q ,at s -�: o'clock Jr.M.,at S57 in the manner described below: Defendant personally served. Adult family member�with whom� Defendants)reside(s). t— a ` Ln Relationship is _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. G an officer of said Defendant's company. i1 _Other: , Description: Age ` Height Weight 1�U t Race Sex-f—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 unswom falsification to authorities. DATE: O (�l 3 NAME: PRINTED NAME: ` b" " 4 TITLE: Ct-D(G S NOT SERVED On the day of 20_,at o'clock_.M.,I, a competent adult hereby state that a endant NOT Fb�Tiecause: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at 1 • 3� _at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAU41WF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#795279 DEFENDANT SERVICE TEAM/lxh EVELYN R.SMITH COURT NO.:12-4787 CIVIL TERRY L.SMITH SERVE EVELYN R.SMITH AT: TYPE OF ACTION 555 HARVEST LANE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055 SALE DATE: December 4,2013 SERVED Served and mad known to EVELYN R.SMITH,Defendant on the��day of�GTod�",20 (3,at o'clock M.,at ASST �(�,�' ,in the manner described below: Defendant personally served. —Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of lace of lodging m which Defendants reside(s). g P � g� ( ) �- -- _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: r=, Description: Age—. Hei ht��"N Weight/60'�3 Race Sex Other � I> a competent adult,hereby verify that I personally handed a true and correct copypf t9e, 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:�� it NAME:,/" PRINTED NAME: TITLE: y NOT SERVED �te the thacT)fendyant of at o'clock_.M.,I, ,a competent adult hereby _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 PLAINTIFF Phelan Hallinan,LLP 1617 7FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 F 1LED-C IC.: -t 0 - THE PRO T fqd 'iT' �Y is-� 2013 NOV 20 `3: 16 CUMBERLAND COUINI T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County EVELYN R. SMITH TERRY L. SMITH No.: 12-4787 CIVIL Defendants ORDER AND NOW, this /9 day of /Ver-�...�✓, 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $153,983.70 Interest Through September 17, 2013 $13,780.69 Late Charges $136.26 Legal fees $2,125.00 Cost of Suit and Title $699.75 Property Inspections $180.00 Escrow to be paid prior to December 4, 2013 $1,675.12 Escrow Deficit $2,563.02 TOTAL $175,143.54 795279 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 T7 COURT: J. X L2 I 12 . m SM1 14 795279 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. Plaintiff CIVIL DIVISION .0 NO. 12-4780CIVIL "® V. �� CUMBERLAND COUNTY �f !�r- EVELYN R.SMITH TERRY L.SMITH pZ0 1w, Defendant(s) .7 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated November 19,2013 in favor of the Plaintiff and against EVELYN R. SMITH AND TERRY L. SMITH,defendant(s). As Set Forth in the Order $175,143.54 3Z 4✓ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHS#795279 a acts I q o e � .TGIF_ P,R 0TN0f,4obR,1 y 2013 NOV 20 AN 9: 46 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County EVELYN R. SMITH TERRY L. SMITH No.: I2-4787 CIVIL Defendants 0 IR AND NOW, this s. Y`'of Mod. upon consideration of Plaintiffs, Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nune pro tune as follows: Principal Balance $153,983.70 Interest Through September 17,2013 $13,780.69 Late Charges $136.26 Legal Fees $2,125.00 .Cost of Suit and Title $699.75 Property Inspections $180.00 Escrow to be pAid prior to Decem '42,015 $1,675.12 Escrow Deficit $2;563.02 TOTAL $175,143.54 795279 } E Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included ue din the above BY THE COURT: y A0, J., 1 j •r i 3 , 795279 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.: 12-4787 CIVIL EVELYN R.SMITH TERRY L.SMITH Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $175,143.54 Interest from 09/18/2013 to Date of Sale $7,485.40 ($28.79 per diem) TOTAL $182,628.94 L�aln Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#795279 aa 'W ag, sod a �s . od �f LL Lk LL SD Ricrx_ -�-, Z� ti. acs --; - RR 1 Ct I �` cn aa � �? b y � ` r) t2 R � a z � y CD �7 C" t" ►y+ `,`.,, x x .� n ►C C ,ti � � C�i b � ]• � C=i � cn � �' y � O zro v x z ° n " y x Z Z t4 ►c r� z° � o m a m � < a m tdxC" CD xc r cw ch cny � cn O Cr" a zd > cad nzx CD CD 0 0 LA a r.. ,c LEGAL DESCRIPTION All that certain parcel of land situate in the City of Mechanicsburg,Township of Monroe,County of Cumberland and State of Pennsylvania bounded and described as follows: Beginning at a concrete monument set in the Southerly dedicated right-of-way line of Baish Road,said monument being located of distance of 715 feet,more or less,West of the center line of Helsey Road at the division line between Lots No. 3 and 2 on the hereinafter mentioned Plan of Lots; thence along said division line,South 6 degrees 14 minutes East 200 feet to a point;thence North 88 degrees 23 minutes 40 seconds West, 13 1.10 feet to a point on lands now or late of John F. Stamy,III,et ux.;thence along said lands now or late of Stamy,North 1 degree 05 minutes 40 seconds East, 190 feet to a concrete monument on the Southerly right of way line of Baish Road,thence by the same by the arc of a curve having a radius of 885 feet and a chord bearing North 87 degrees 11 minutes 46 seconds East a distance of 105.83 feet to a concrete monument (this bearing erroneously described in prior Deed)the Point and Place of Beginning. Tax id#: 22-11-0280-072 TITLE TO SAID PREMISES VESTED IN Terry L. Smith and Evelyn R. Smith,his wife, by Deed from Gordon E. Deckman and Dorothy A. Deckman, his wife,dated 11/13/1986,recorded 11/14/1986 in Book H 32,Page 694. PREMISES BEING: 1161 BAISH ROAD,MECHANICSBURG,PA 17055-9757 PARCEL NO.22-11-0280-072. PHELAN HALLINAN, LLP 6F T'J_E o TNoNO"�1 i. Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2t.J30EC -9 AND- 57 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4787 CIVIL EVELYN R. SMITH TERRY L. SMITH Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: �� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FILIED-OFF'l ,-: WELLS FARGO BANK,NX. THE PROTHONOTARY COURT OF COMMON PLEAS Plaintiff X iHEC _9 AM 10' 57 CIVIL DIVISION V. CUMBERLAND COUNTY . EVELYN R.SMITH PEhfNSYLVARIA NO.: 12-4787 CIVIL TERRY L. SMITH Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1161 BAISH ROAD,MECHANICSBURG,PA 17055-9757. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) EVELYN R.SMITH 555 HARVEST LANE MECHANICSBURG,PA 17055 TERRY L.SMITH 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) EVELYN R.SMITH 555 HARVEST LANE MECHANICSBURG,PA 17055 TERRY L.SMITH 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 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) DEBORAH REITZEL 136 JAYCEE DRIVE SUITE 40 JOHNSTOWN,PA 15904 ERIE INSURANCE EXCHANGE SUB 136 JAYCEE DRIVE SUITE 40 JOHNSTOWN,PA 15904 ERIE INSURANCE EXCHANGE SUB/ROBERT& 905 WEST SPROUL ROAD SUITE 105 DEBORAH REITZEL C/O PAUL F.D'EMILIO, SPRINGFIELD,PA 19064 ESQUIRE ROBERT REITZEL 136 JAYCEE DRIVE SUITE 40 JOHNSTOWN,PA 15904 THE REMIT CORPORATION P.O.BOX 7 BLOOMSBURG,PA 17815 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PH#795279 VNB MORTGAGE SERVICES,INC. 1460 VALLEY ROAD WAYNE,NJ 07470 .WNB MORTGAGE SERVICES,INC.C/O ATTN:KARLEEN PARKER » SECURITY CONNECTIONS,INC. 620 SOUTH WOODRUFF AVENUE IDAHO FALLS,ID 83401 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1161 BAISH ROAD MECHANICSBURG,PA 17055-9757 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES INHERITANCE DEPT 280601 TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE DISTRICT PO BOX 11754 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: < By: �i1/ Ll,- Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#795279 �F THE PROTHONOTA!'%"Y WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS 201 Q4C -9 AM D 57 CUMBERLAND COUNTY Plaintiff CIVIL DIVISION 'ENNSJ.VANFA NO.: 12-4787 CIVIL EVELYN R. SMITH TERRY L. SMITH CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TERRY L. SMITH EVELYN R. SMITH 1161 BAISH ROAD 555 HARVEST LANE MECHANICSBURG,PA 17055-9757 MECHANICSBURG, PA 17055 "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 1161 BAISH ROAD,MECHANICSBURG,PA 17055-9757 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$175,143.54 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 21.5-563-7000. 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 S SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4787 CIVIL WELLS FARGO BANK,N.A. V. EVELYN R. SMITH TERRY L. SMITH owner(s) of property situate in the MONROE TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Parcel No. 22-11-0280-072. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $175,143.54 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION All that certain parcel of land situate in the City of Mechanicsburg,Township of Monroe,County of Cumberland and State of Pennsylvania bounded and described as follows: Beginning at a concrete monument set in the Southerly dedicated right-of-way line of Baish Road,said monument being located of distance of 715 feet,more or less,West of the center line of Helsey Road at the division line between Lots No. 3 and 2 on the hereinafter mentioned Plan of Lots;thence along said division line,South 6 degrees 14 minutes East 200 feet to a point;thence North 88 degrees 23 minutes 40 seconds West, 13 1.10 feet to a point on lands now or late of John F.Stamy,III,et ux.;thence along said lands now or late of Stamy,North 1 degree 05 minutes 40 seconds East, 190 feet to a concrete monument on the Southerly right of way line of Baish Road,thence by the same by the arc of a curve having a radius of 885 feet and a chord bearing North 87 degrees 11 minutes 46 seconds East a distance of 105.83 feet to a concrete monument (this bearing erroneously described in prior Deed)the Point and Place of Beginning. Tax id#: 22-11-0280-072 TITLE TO SAID PREMISES VESTED IN Terry L. Smith and Evelyn R. Smith,his wife, by Deed from Gordon E. Deckman and Dorothy A. Deckman, his wife,dated 11/13/1986,recorded 11/14/1986 in Book H 32,Page 694. PREMISES BEING: 1161 BAISH ROAD,MECHANICSBURG,PA 17055-9757 PARCEL NO.22-11-0280-072. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4787 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 EVELYN R. SMITH,TERRY L.SMITH (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: $175,143.54 L.L.: .50 Interest FROM 9/18/2013 TO DATE OF SALE($28.79 PER DIEM)-$7,485.40 Atty's Comm: Due Prothy: $2.25 Atty Paid: $250.25 Other Costs: Plaintiff Paid: Date: 12/9/13 David D.Buell,Prothonota (Seal) By: v 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#795279 DEFENDANT SERVICE TEAM/lxh EVELYN R.SMITH COURT NO.:12-4787 CIVIL TERRY L.SMITH SERVE EVELYN R.SMITH AT: TYPE OF ACTION 555 HARVEST LANE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055 SALE DATE: June 4,2014 -T. **DIVORCED-One cannot accept service for the other** '13 rrt in SERVED t Served and made known to EVELYN R.S Defendant on the C� day of 9 F1'A EZ 20 I3 a . .:;- S'3O,o'clock?.M.,at 553.- 4 t 2-VEST ,in the manner described below: )Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Z.Q Relationship is _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: 'S r Description: Age 9) _ Height S S Weight (�' Race (.l) Sex Other I, f , 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 unswom falsification to authorities. DATE: (9'(16 /ell)(5 NAME: ' ' t I PRINTED NAME: 6-44. (� iv TITLE: r.o(f St' 4C-(Z- NOT SERVED On the day of ,20 ,at o'clock_.M.,I, ,a competent adult hereby state thaendyant 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 unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 PHELAN HALLINAN, LLP Attorney for Plaintiff °~1 f 3 One Penn Center Plaza ;Y y ` 7 "LINTY 1617 JFK Boulevard, Suite 1400 FNIA Philadelphia,PA 19103 john.krohn @phelanhallinan.com 215-563-7000 • WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS v. CIVIL DIVISION EVELYN R. SMITH NO. 12-4787 CIVIL • TERRY L. SMITH Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, TERRY L. SMITH, by certified mail and regular mail to TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and posting 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 4, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, TERRY L. SMITH, with the Notice of Sale at the mortgaged premises, 1161 BAISH ROAD, MECHANICSBURG, PA 17055- 9757, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Attempts to serve Defendant, TERRY L. SMITH, with the Notice of Sale at 555 HARVEST LANE, MECHANICSBURG, PA 17055 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". no service was made as the defendant does not reside at the said address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of January 28, 2014, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 31, 2014and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs January 31, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, TERRY L. SMITH, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and posting 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and by publication. Phelan Hallinan, LLP DATE: 4///141 By: John . Krohn, Esquire Bar ID No: 312244 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 john.krohn @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. . • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS • v. CIVIL DIVISION • EVELYN R. SMITH NO. 12-4787 CIVIL TERRY L. SMITH . Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or • (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, TERRY L. SMITH, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and posting 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: 4111/y By: John D. o , Esq., Id.No.312244 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. . • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION EVELYN R. SMITH NO. 12-4787 CIVIL TERRY L. SMITH . Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 Phelan Hallinan, LLP DATE: Li I/h ti By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#795279 DEFENDANT SERVICE TEAM/lxb EVELYN R.SMITH COURT NO.:12-4787 CIVIL TERRY L.SMITH SERVE TERRY L.SMITH AT: TYPE OF ACTION 1161 BAISH ROAD XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-9757 SALE DATE: June 4,2014 **DIVORCED-One cannot accept service for the other** SERVED Served and made known to TERRY L.SMITH,Defendant on the`day of ,20_,at ,o'clock_.M.,at, ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age Height Weight Race Sex Other I, a competent adult,hereby verify that I personally banded 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: _ NAME: . PRINTED NAME: TITLE: E V On the (6 day of 1 "9E(- 20,n,at y-3 o'clock.M� , r"-6C-.444‘. t k t1 competent adult hereby state t D—Pendant 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 unswom falsification to uthorities. BY: 1 �` 0-404*Dec:0 PRINTED NAME:. ATL)RNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 MK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.. PH#795279 DEFENDANT SERVICE TEAM/lxh EVELYN R.SMITH COURT NO.:12-4787 CIVIL TERRY L.SMITH SERVE TERRY L.SMITH AT: TYPE OF ACTION 555 HARVEST LANE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055 SALE DATE: June 4,2014 **DIVORCED-One cannot accept service for the other** . SERVED Served and made known to TERRY L.SMITH,Defendant on the_day of ,20_,at ,o'clock_M.,at ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the jsiotice 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: NAME: PRINTEb NAME: • TITLE: • - NOT SERVE � On the f° day of Wert/446-,2013,at Sy_✓do'cloek•g.M.,I, --,w er'.a competent adult hereby state that TeTendant NOTFOUND because: —Vacant _Does Not Exist Moved X„‘Does Not Reside(Not Vacant) _No Answer on 0•/1 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 t authorities. BY.,r :� l�c,_ PRINTED NAME: 4 6- ' 004'12* ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 _ (215)563-7000 EXHIBIT "B " • AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 795279 Attorney Firm: Phelan,Hallinan,LLP Subject: Evelyn R.Smith&Terry L.Smith Current Address: 555 Harvest Lane,Mechanicsburg,PA 17055 Property Address: 1161 Baish Road,Mechanicsburg,PA 17055 Mailing Address: 555 Harvest Lane,Mechanicsburg,PA 17055 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Evelyn R.Smith-xxx-xx-3858 Terry L.Smith-xxx-xx-1738 B. EMPLOYMENT SEARCH Evelyn R.Smith&Terry L.Smith-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Evelyn R.Smith reside(s)at:555 Harvest Lane, Mechanicsburg,PA 17055&Terry L.Smith reside(s) at:1161 Baish Road T-559, Mechanicsburg,PA 17055. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Evelyn R. Smith&Terry L.Smith reside(s)at: 1161 Baish Road,Mechanicsburg,PA 17055.On 11-07-13 our Office made a telephone call to the subjects' phone number (717)258- 5833 and received the following information: disconnected. • . B, On 11-07-13 our office made a telephone.call.tq a possible phone number of the ° . • • subject(s) (717)903-4101 and received the following information: spoke with Terry L. Smith who confirmed that he&Evelyn R.Smith reside(s) at:555 Harvest Lane, Mechanicsburg,PA 17055. III.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-07-13 we reviewed the National Address database and found the following information:Evelyn R.Smith-555 Harvest Lane,Mechanicsburg,PA 17055 &Terry L.Smith-1161 Baish Road T-559,Mechanicsburg,PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. IV.OTHER INQUIRIES A. DEATH RECORDS As of 11-07-13 Vital Records and all public databases have no death record on file for Evelyn R.Smith&Terry L.Smith. V.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Evelyn R.Smith-1960 Terry L.Smith-1958 B. A.K.A. Evelyn S.Smith *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. .4904 relating to unworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. • • • EXHIBIT "C " • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania January 31,2014 TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 RE: WELLS FARGO BANK,N.A. v. EVELYN R. SMITH and TERRY L. SMITH Premises Address: 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 CUMBERLAND County,No. 12-4787 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 7, 2014. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAMMY,Legal Assistant for Phelan Hallinan, LLP 795279 tiIOZ 4£ NY( 16tt4£t000 y_; :`. ,: 1.'� `F..: •9 06/.100 $ £DLOI dlZ 01+.71., shoe A3a►a*(3€Ni SOd s n '4 r Si g . I . . X 15 • . 1 • t ..4:'••• A . • •.. ' ..:...: •:.:i . • ,...i.'.>•:.:....:.. al t+ 6. w ...• - i . — ••.- . 1 P. ftgl. .. • ,•.::: .•. ., 1. •..gt.„ gis.1: a R _ ... . .• ., ,...• . „,,, • , . : ,.• , . ., . ,.,81,4 4 ' I.1 . .:...:,......„ a 5 Ji ••,•,...‘,..,••••..„•:. . '. . •.,. • .• i4. :.. •• 3+ ' $ ,�I ; . . . • $ . ..,..... ,.,i . I] p ,� r" ti z � a � t 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. • • CIVIL DIVISION Plaintiff • NO. 12-4787 CIVIL c} r-a V. • • v • EVELYN R. SMITH • x rnm TERRY L. SMITH • z w �., Defendants cc--J ' ORDER AND NOW, this /Q day of Ft/Lr+' , 2014, aTer consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant TERRY L. SMITH by: t REGULAR MAIL TO TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Service by mail is complete upon the date of mailing o. -Lo S'S3 Hw✓'+r L°'...) m 44,44,; 4.. PA 17 a S'S' CERTIFIED MAIL TO TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Service by mail is complete upon the date of mailing POSTING 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY T ° COURT: A J. PH# 795279 fCC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 EVELYN R. SMITH, and TERRY L. SMITH 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. 1'RTONOTAR'i 7.511i APR -8 Ati IT 09 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION EVELYN R. SMITH NO. 12-4787 CIVIL IhRRY L. SMITH Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to TERRY L. SMITH on 3/7/2014 in accordance with the Order of Court dated 2/19/2014. The property was posted on 3/12/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: 7/ Phelaidlli LLP By: John . Pael Kolesnik, Esq., Id. No.308877 At ey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. V. EVELYN R. SMITH TERRY L. SMITH Plaintiff Defendants AND NOW, this • • CIVIL DIVISION • • NO. 12-4787 CIVII. 6 ii....., c=, C: —1- • • ••••3 .C' • r = —r; -n -,-, - .,,,,,,' n F • s, • rOD • 73 ej • 0 —10 = -n C:Ii -n ORDER ...i P. ■ 7> if ' day of fv‘v ,2014006 cotisidcrti6on of Pliundif s Modon ibr Service of Nouce of bale rursuant to bpeczal urcier of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant TERRY L. SMITH by: 1.."1 REGULAR MAIL TO TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Service by mail is complete upon the date of mailing orj. J. $4vvi. fr• 64.44.,:h 41 PA r7 • rs- CERTIFIED MAIL TO TERRY L. SMITH at 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Service by mail is complete upon the date of mailing POSTING 1161 BAISH ROAD, MECHANICSBURG, PA 1705-9757 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 795279 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 EVELYN R. SMITH, and TERRY L. SMITH 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757 Name and Address of Sender PHELAN HALLMAN, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103-1814 Name of Addressee, Street, and Post OM= Address 1 • • • • TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055-9757 2 TERRY L. SMITH 555 HARVEST LANE MECHANICSBURG, PA 17055 Postage 4 5 6 = 7 8 RE: SMITH PHS# 795279 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LAS/NOS-CER I ICATE OF MAILING- CODE 1020 PLAINTIFF VVFI TS FARGO BANE, N.A. DEFENDANT EVELYN R. SMITH TERRY L SMITH SERVE TERRY L. SMITH AT: 1161 RAISE ROAD MECHANICSBURG, PA 17055-9757 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY ****PLEASE POST THE PROPERTY*** PH #795279 SERVICE TEAM/ sot COURT NO.: 12-4787 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/04/2014 SERVED Served and made known to TERRY L. SMITH, Defendant on the 0"day of elAktIC t4 , 204, at o'clock A. M., at 1161 BAISH ROAD. MEOIANICSBURG. PA 17055-9757, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. ____ Manager/Clerk of place of lodging in which 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. Description: Age Height Weight. Race _Sex Other , R 01181d MO I , a competent adult, hereby verify that I personally posted the pnaperty with a true and correct copy of the Notice of Sheriff's 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. CS. Sec. 4904 relating to unswom falsification to authorities. DATE: 3 0-1(4. On the day of , 20 state that Defendant NOT FOUND because: Ronald Mo Process Server NOT SERVED o'clock . M., I, a competent adult hereby 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 falsification to authorities. BY: _ PRINTED NAME: . ties of 18 Pa. C.S. Sec. 4904 relating to =sworn ATTORNEY FOR PLAINTIFF TAWILLICZ T. Phelan, Esq, Id. No. 32227 Francis S. Hainan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jrnine R. Davey, Esq., Id- No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. /owe, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No, 94620 C.otutenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyoo, Esq., Id- No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq, Id. No. 310592 Justin F. Robeski. Fsq., It No. 200392 II IIi i 1 II I II 7178 2417 6099 0159 7528 LAS / 795279 RESTRICTED DELIVERY TERRY L. SMITH 1161 BAISH ROAD MECHANICSBURG, PA 17055 -9757 - -fold here (regular) -- fold here (6x9) - -fold here (regular) 11 I I 11 II III I II II II 7178 2417 6099 0159 7535 LAS ! 795279 RESTRICTED DELIVERY TERRY L. SMITH 555 HARVEST LANE MECHANICSBURG, PA 17055 -0000 - -fold here (regular) -- fold here (6x9) - -fold here (regular) I I USPS.com® - USPS TrackingTM English Customer Service USPS Mobile #J'S! „S . luick Tools USPS TrackingM Ship a Package Send Mail Manage Your Mail Tracking Number: 71782417609901597535 Expected Delivery Day: Monday, March 10, 2014 Product & Tracking Information Postal Product: First -Class Mail® Features: Certified Mail TM Return Receipt Electronic DATE & TIME STATUS OF ITEM March 29, 2014 , 11:06 pm March 28, 2014 , 8:46 am March 28, 2014 March 27, 2014 , 10:34 am March 26, 2014 , 12:14 pm Unclaimed Notice Left (No March 10, 2014 , 1:08 pm Authorized Recipient Available) March 10, 2014 , 10:09 am Out for Delivery March 10, 2014 , 9:59 am Sorting Complete March 10, 2014 , 5:10 am Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed through USPS Sort Facility March 9, 2014 March 8, 2014, 11:13 pm March 7, 2014 March 7, 2014 , 7:54 pm March 7, 2014 , 6:39 pm March 6, 2014 Processed through USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Info Received LOCATION PHILADELPHIA, PA 19176 . LANCASTER, PA 17604 LANCASTER, PA 17604 LANCASTER, PA 17604 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Shop Business Solutions Customer Service Have questions? Were here to help. Available Actions USPS Text TrackingTM Email Updates https: // tools .usps.com /go /TrackConfirmAction. action ?tLabels = 71782417609901597535 3/31/2014 USPS.com® - USPS TrackingTM • Track Another Package What's your tracking (or receipt) number? LEGAL Privacy Policy • Terms of Use FOIA • No FEAR Act EEO Data • ON USPS.COM Government Services • Buy Stamps & Shop • Print a Label with Postage • Customer Service • Delivering Solutions to the Last Mile • Site Index • USP,com Copyright© 2014 USPS. All Rights Reserved. -- Track -It ON ABOUT.USPS.COM About USPS Home • Newsroom • USPS Service Alerts • Forms & Publications Careers • OTHER USPS SITES Business Customer Gateway • Postal Inspectors • Inspector General • Postal Explorer • Page 2 of 2 https: // tools .usps.com /go/TrackConfirmAction. action ?tLabels = 71782417609901597535 3/31/2014 USPS.com® - USPS TrackingTM • English Customer Service USPS Mobile OUS SCC M Quick Tools USPS Tracking TM Ship a Package Send Mail Manage Your Mail Tracking Number: 71782417609901597528 Expected Delivery Day: Monday, March 10, 2014 Product & Tracking Information Postal Product: First -Class Mail® Features: Certified Mail's Return Receipt Electronic DATE & TIME March 11, 2014 , 11:47 am March 10, 2014 , 3:39 pm March 10, 2014 March 10, 2014 , 12:16 am March 9, 2014 , 12:35 pm March 9, 2014 March 8, 2014 , 5:11 pm March 7, 2014 March 7, 2014 , 7:54 pm March 7, 2014 , 6:39 pm March 6, 2014 STATUS OF ITEM Delivered Notice Left (No Authorized DILLSBURG, PA 17019 Recipient Available) Depart USPS Sort Facility HARRISBURG, PA 17107 Processed through HARRISBURG, PA 17107 USPS Sort Facility LOCATION DILLSBURG, PA 17019 Processed through HARRISBURG, PA 17107 USPS Sort Facility Depart USPS Sort Facility LANCASTER, PA 17604 Processed through LANCASTER, PA 17604 USPS Sort Facility Depart USPS Sort Facility PHILADELPHIA, PA 19176 Processed at USPS PHILADELPHIA, PA 19176 Origin Sort Facility Accepted at USPS PHILADELPHIA, PA 19103 Origin Sort Facility Electronic Shipping Info Received Track Another Package What's your tracking (or receipt) number? „- ,Track- It: -.� Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Shop Business Solutions E21Customer Service Have questions? We're here to help. Available Actions USPS Text Trackingse Email Updates https: // tools. usps.com /go/TrackConfirmAction. action ?tLabels = 71782417609901597528 3/31/2014 USPS.com® - USPS TrackingTM Page 2 of 2 LEGAL Privacy Policy • Government Services • Terms of Use • Buy Stamps & Shop • FOIA • Print a Label with Postage • No FEAR Act EEO Data • Customer Service • Delivering Solutions to the Last Mile • Site Index • ON USPS.COM e311JSP.ao Copyright© 2014 USPS. All Rights Reserved. ON ABOUT.USPS.COM About USPS Home • Newsroom • USPS Service Alerts • Forms & Publications • Careers • OTHER USPS SITES Business Customer Gateway • Postal Inspectors • Inspector General • Postal Explorer • https: // tools .usps.com /go/TrackConfirmAction. action ?tLabels = 71782417609901597528 3/31/2014 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Pt�0 r I HO�'t'(1' , I '.: 2014 Y 6 AN Attouey for Plaintiff CUMBERLAND BERLA D COU jY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. EVELYN R. SMITH TERRY L. SMITH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No.: 12-4787 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". Date: SAS/7i( 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 795279 Name and Address Of Sender Line Article Number Phelan Hallinan. LLP 16171PK Boulevard, Suitt 1400 One Penn Center Plaza Philadelphia, PA 19103 Name etAddreaee, Street, and Pmt Office wddrei AZK/G1L, 06834/20/4 SALE 0$t TENANT/OCCUPANT 1161 BAI511 ROAD MEC11ANICSBURG, PA 17055-9757 2 elVit COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDWWUALTAXES INHERITANCE TAX DIVISION 617! FLOOR. STRAWBERRY Q. DEPT 280601 HARRISBURG, PA 17128 3 DEBORAH REITZEL 136 JAYCEE DRIVE SUITE 40 JOHNSFOWN, PA 15904 4 tna DEPARTMENT OF PUBLIC WELFARE. "PL CASUALTY,UNTT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING RARRISBURG, PA 17105 S tai ERIE INSURANCE EXCHANGE SUB 136 JAYCEE DRIVE SUITE 40 JOHNSTOWN, PA 15904 • • use ERIE INSURANCE EXCHANGE SUB/ROIERT & DEBORAH-4E1=EL GO PAUL F. D'EMILIO, ESQUIRE 905 WEST SPROUL ROAD SUITE 105 SPRINGFIELD, PA 19064 7 ROBERT REIIZEL 136JAYCEE DRIVE SUITE 40 JOHNSTOWN, PA 15904 • 8 9 10 nss nn HMS' THE REMIT CORPORATION P.O. BOX 7 BLOOMSBURG. PA 17815 VNB MORTGAGE SERVICES INC. 1460 VALLEY ROAD WAYNE, NJ 07470 VNB MORTGAGE SERVICES, INC. C/O SECURITY CONNECTIONS, INC. ATTN: KARLEEN PARKER 620 sown WOODRUFF AVEYUE IDAHO FALLS, ID 83401 Postage $0.45 50.45 50.45 50.45 50.45 50.45 50.45 50.45 50.45 50.45 • 1111°3 ). 111111 C)400 *(4 01rn 1.4 do o 11 5... DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER 5T10511'' CARLISLE, PA 17013 50.45 12 qf. COMMONWEALTH OF PENNSYLVANI, DEPARTMENT OF WELFAR1 P.O. BOX 2675 HARRISBURG, PA 17105 50.45 13 INTERNAL REVENUE SERVI .7E ADVISORY 1000 LIBERTY AVENUE ROO K 704 PITiSBURGH,_PA 15222 50.45 14 Rata U.S. DEPARTMENT' OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DIS'RICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 1.7108.1754 VELYN R. SMITH CUMB 50.45 Total Number of Pieces Linux! by Sender Taal Number of Pieces Received at Post Office Postmaster, Per (Name of . Rcecking Employee) Form 3877 Facsimile The full declaration of value is requited oma all domestic sed international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable doormats Snider Express Mail documcm reconstruction insurance is 550,000 per piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indenvtity payable is 525,000 for registered mail, sent with optional insurance. Sex Domestic Mail Manual R900 S913 and S921 for limhatiots of eoverige. f Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ott 01 Cttiribet; -DFi-I�.:- CF THE PRO PROTHONOTARY o s�lJ 1 Sllif��•� ^"1 20114 AUG -5 Pli 2: P3 CUMBERLAND COUNTY ' PENNSYLVANIA Wells Fargo Bank, N.A. vs. Evelyn Reid Smith (et al.) Case Number 2012-4787 SHERIFF'S RETURN OF SERVICE 03/24/2014 06:44 PM - Deputy Ryan Burgett, 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 1161 Baish Road, Monroe - Township, Mechanicsburg, PA 17055, Cumberland County. 03/24/2014 06:44 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Terry L Smith at 1161 Baish Road, Monroe Twp, Mechanicsburg, PA 17055. The address was found to be vacant. 03/31/2014 03:55 PM - Deputy Brian Grzyboski, 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 Debbie Weidner, Friend, who accepted as "Adult Person in Charge" for Evelyn Reid Smith at 555 Harvest Lane, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/22/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Terry L. Smith, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1161 Baish Road, Mechanicsburg, PA 17055, property is Vacant, defendant is not known at this address by the post office. 06/04/2014 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 at 1000 am on June 4, 2014. 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: $844.86 SO ANSWERS, July 11, 2014 (c) Co;untySwte Sherif', Telecsoft, Irrc. RON R ANDERSON, SHERIFF On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered 1161 Baish Road, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator EO :01 V 1 1 330 E101 JJ18.31-IS 3Hi 20 331 1 LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-4787 Civil Term Wells Fargo Bank, N.A. vs. Evelyn Reid Smith Terry L. Smith Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12-4787 CIVIL, WELLS FARGO BANK, N.A. v. EVELYN R. SMITH, TERRY L. SMITH owner(s) of property situate in the MONROE TOWNSHIP, CUMBERLAND County, Pennsyl- vania, being 1161 BAISH ROAD, MECHANICSBURG, PA 17055-9757. Parcel No. 22-11-0280-072. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount $175,143.54. 104 1 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 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyle, Editor SWORN TO AND SUBSCRIBED before me this day of May, 2014 Q. Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80R0., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 NOMOVIkanne The Patriot -News Co. 2020 Technology Pkwy Suite 300 Ileechanichburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 fie atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. _ _DI ID] I!` n-TInKI (ADV_ 2012-4787 Civil Term Wells Fargo Bank, N.A. Vs Evelyn Reid Smith Terry L Smith Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-4787 CIVIL WELLS FARGO BANK, N.A. v. EVELYN R. SMITH TERRY L. SMITH owner(s) of property situate in the MONROE TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1161 BAISH ROAD, MECHANICSBURG, PA 17055- 9757 Parcel No. 22-11-0280-072. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount $175,143.54 Sw rn This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 to -nd subscribed before e t is 02 day of May, 2014 A.D. tory Public OljL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holy Lynn "'z'fe�, ;;;,?ary Pu%V.c ::''sti'ngton ' �.p•, D:uphin County MEMBER.PENNSYLVANIA AScr rIA ON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 4TH day of June A.D., 2014, under and by virtue of a writ Execution issued on the 9th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4787, at the suit of Wells Fargo Bank N A against Evelyn R & Terry L Smith is duly recorded as Instrument Number 201417330. IN TESTIMONY WHEREOF, I haver hereunto set my hand and seal of said office this day of I-UJC l%S+ , A.D. 1U / )Lj , Q , LJJJ Dep Recorder Deeds Recorder Deeds, Cumberland County, Carlisle, PA Iii Canmission Expires the First Monday of Jan. 2018