HomeMy WebLinkAbout12-51652j1'G' AU 20 AM, 10*- u I
CUIM ERLAND COUNT`;
PENNSYLVANIA
ATTORNEY FOR PLAINTIFF
PHELAN HALLINAN & SCHMIEG, LLP
Matthew Brushwood, Esq., Id. No.310592
1617 JFKBoulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS 'FARGO BANK, N.A., SBM TO WELLS
FARGO: HOME MORTGAGE INC. COURT OF COMMON PLEAS
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 CIVIL DIVISION
Plaintiff TERM
NO.
MICHAEL S. GOODHART
TRACY REED CUMBERLAND COUNTY
184 TEYACO ROAD
MECHANICSBURG, PA 17050-2624
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 303023
® ? Q
a a o t aaoL-03R
4,1 11 Q7gSN(o
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 303023
1. Plain tiff is
WELLS FARGO BANK, N.A., SBM TO WELLS FARGO HOME MORTGAGE INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 10/31/2002 MICHAEL S. GOODHART made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR 1 ST PREFERENCE
MORTGAGE CORPORATION which mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1781, Page 1116. By
Assignment of Mortgage recorded 08/19/2009 the mortgage was assigned to PLAINTIFF
which Assignment is recorded in Assignment of Mortgage Instrument No.
200929191.The mortgage and assignment(s), if any, are matters of public record and are
incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves the Plaintiff from its obligations to attach documents to pleadings if those
documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 02/01/2010 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
File #: 303023
by written notice sent to Mortgagor, the entire principal balance and all interest due
6.
thereon are collectible forthwith.
The following amounts are due on the mortgage as of August 13, 2012:
Principal Balance $104,071.24
Interest $18,378.35
01/01/2010 through 08/13/2012
Late Charges $59.70
Property Inspections $35.00
Escrow Deficit $5,192.60
TOTAL $127,736.89
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 #: 303023
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$127,736.89, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
AN & SCHMIEG, LLP
By:
Esquire
File #: 303023
LEGAL DESCRIPTION
ALL THOSE TWO (2) CERTAIN lots or parcels of ground situate in the Township of Silver
Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as
follows:
Tract No. 1: BEGINNING at a point in the center of a Public Road commonly known as
Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd
Shelley, North forty-three (43) degrees fifty (50) minutes West, two hundred sixty-three (263)
feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest
Brenneman, North forty-eight (48) degrees East, eighty-seven and four-tenths (87.4) feet to a pin;
thence by land now or formerly of J.H. Dowell, South forty-three (43) degrees fifty (50) minutes
East, two !hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center
of the public road aforesaid; thence by the center of said road, South forty-two (42) degrees thirty
(30) minutes West eighty-seven (87) feet to the place of BEGINNING.
Tract No. 2: BEGINNING at a point in the center of the public road commonly called the
Anderson Road, said point being South forty-two (42) degrees thirty (30) minutes West four
hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the
center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman,
his wife, North forty-three (43) degrees fifty (50) minutes West two hundred fifty-four and sixty-
two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or
formerly of Samuel Simmons, North forty-eight (48) degrees East eighty-seven and four-tenths
(87.4) feet to an iron pin; thence by land South forty-three (43) degrees fifty (50) minutes East
two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of
File #: 303023
Anderson Road; thence by the center line of Anderson Road, South forty-two (42) degrees thirty
(30) minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch type
frame dwelling house.
UNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions, agreements,
easements, rights of way, encumbrances, and all other matters of record.
Parcel #38-21-0295-023
PROPERTY ADDRESS: 184 TEXACO ROAD, MECHANICSBURG, PA 17050-2624
PARCEL # 38-21-0295-023
File k: 303023
VERIFICATION
Linda Duncan, hereby states that /sh is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that h /she `s authorized to make this Verification, and verify that the statements
madelin the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of hi /her formation and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
DATE: 2 1 m I
Name: Goodhart
File 9: 303023
I A--,A U - L -
Name: Linda Duncan
Title: Vice President Loan Documentation
032-PA-V3
FORM 1 '
IN THE COURT OF COMMON PL'B
?+¦
s
WELLS FARGO BANK, N.A., SBM TO WELLS OF CUMBERLAND COUNTY, PENNSft- r, -
FARGO HOME MORTGAGE INC. v>? N ?
Plaintiff(s) -G? o - c
VS.
c,
MICHAEL:, S. GOODHART
TRACY RtED ` -'
Defendant(s) f / 0? 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, withi i twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400
extension 25 10 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you hive been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20J 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 uponn 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
conciliatiop conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal cah be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, yout lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
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 information to
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:
Home:
Cell:
How long?
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mmrtgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
State: Zip:
Office:
Other:
Primary Reason for Default:
State: Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Is-the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets. Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other trangDortation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly income
Name of mployers:
Monthly Gross
2. Monthly Gross
3. Monthly Gross,
Additiona Income Description (not wages):
I . monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Borrower Pay Days: Co-Borrower Pay Days:
Monthly txuenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage ! Food
2° Morte Utilities
Car Pa m nt s) Condo/Nei h. Fees
Auto Insutance Med. not covered)
Auto fuel/repairs Other pr p. payment
Install. Lon Payment Cable TV
Child Su ort/Alim. Spending Money
Da /ChildiCare/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? 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
delinquenQy?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please proIvide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):_
Contact: Phone:
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrowwer Signature
Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Ptoof of income
2. Post 2 bank statements
3. P?oof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Later explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
,r
C
Cy
x-
PHELAN HALLINAN, LLP �C o CD
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street CO
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK, N.A., SBM TO WELLS
FARGO HOME MORTGAGE INC. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff Tenn
V. No.2012-5165-CIVIL
MICHAEL S. GOODHART Curnberland County
TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
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 August 20, 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 February 1, 2010, and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On August 29, 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
303023
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 HALL , LLP
Date: 1106
BY:
os®rmney Schalk, Esquire
Att for Plaintiff
303023
Exhibit A
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301x Q
ATTORNEY FOR PLAINTIFF
PHELAN HALLINAN&SCHM EG,LLP
Matthew Brushwood,Esq.,Id.No.310592
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A., SBM TO WELLS
FARGO HOME MORTGAGE INC. COURT OF COMMON PLEAS
3476 STATEVIEW BOULEVARD
FORT MILL,SC 29715 CIVIL DIVISION
Plaintiff TERM
V.
NO. la 514s Ova
MICHAEL S.GOODHART
TRACY REED CUMBERLAND COUNTY
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
Defendants
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE.
We hereby Certriy
pal i�.�y 'R within to be a uue
copy. 01� ,.
coned °f i�ord
File#: 303023 original filed
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages,you must take action within twenty (20)days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so,the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR.ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File 4: 303023
1. Plaintiff is
WELLS FARGO BANK,N.A.; SBM TO WELLS FARGO HOME MORTGAGE INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s)and last known address(es) of the Defendant(s) are:
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described.
3. On 10/31/2002 MICHAEL S. GOODHART made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR 1 ST PREFERENCE
MORTGAGE CORPORATION which,mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1781,Page 1116. By
Assignment of Mortgage recorded 08/19/2009 the mortgage was assigned to PLAINTIFF
which Assigiunent is recorded in Assignment of Mortgage Instrument No.
200929191.The mortgage and assignment(s), if any, are matters of public record and are
incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves the Plaintiff from its obligations to attach documents to pleadings if those
documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 02/01/2010 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
File#: 303023
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 August 13, 2012:
Principal Balance $104,071.24
Interest $18,378.35
01/01/2010 through 08/13/2012
Late Charges $59.70
Property Inspections $35.00
Escrow Deficit $5,192.60
TOTAL $127,736.89
7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment)
against the Defendant(s) in the Action;however,Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s)has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8: Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable,have been sent to the Defendant(s) on
the date(s) set forth thereon.
File#: 303023
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of
$127,736.89, 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.
PTIl 1 ., 1�I IN A. & SCHMIEG, LLP
By:
a th rush bod;Esquire
.Attorc axntif
File 9: 303023
LEGAL DESCRIPTION
ALL THOSE TWO (2) CERTAIN lots or parcels of ground situate in the Township of Silver
Spring, County of Cumberland and Commonwealth of Pennsylvania,bounded and described as
follows:
Tract No. 1: BEGINNING at a point in the center of a Public Road commonly known as
Anderson Road; thence by land formerly of Earl B. Eichelberger,now or formerly of Lloyd
Shelley,North forty-three(43)degrees fifty(50)minutes West,two hundred sixty-three (263)
feet to a pin; thence by land formerly of William Lehman,now or formerly of Forrest
Brenneman,North forty-eight(48)degrees East, eighty-seven and four-tenths(87.4) feet to a pin;
thence by land now or formerly of J.H. Dowell, South forty-three(43) degrees fifty(50) minutes
East,two hundred fifty-four and sixty-two one-hundredths(254,62) feet to a point in the center
of the public road aforesaid; thence by the center of said road, South forty-two (42)degrees thirty
(30)minutes West eighty-seven(87)feet to the place of BEGINNING.
Tract No. 2: BEGINNING at a point in the center of the public road commonly called the
Anderson Road, said point being South forty-two (42) degrees thirty(30)minutes West four
hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the
center line of another public road; thence by land of Joseph M. Hoffi-nan and Minnie Hoffman,
his wife,North forty-three(43) degrees fifty (50) minutes West two hundred fifty-four and sixty-
two hundredths (254.62) feet to an iron pin; thence by land formerly of William.Lehman,now or
formerly of Samuel Simmons,North forty-eight (48) degrees East eighty-seven and four-tenths
(87.4) feet to an iron pin; thence by land South forty-three (43) degrees fifty (50)minutes East
two hundred forty-six and twenty-five hundredths (246.�5) feet to a point in the center of
File#: 303023
Anderson Road;thence by the center line of Anderson Road, South forty-two (42)degrees thirty
(30)minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch type
frame dwelling house.
UNDER AND SUBJECT,NEVERTHELESS, to the conditions, restrictions, agreements,
easements, rights of way, encumbrances, and all other matters of record.
Parcel#38-21-0295-023
PROPERTY ADDRESS: 184 TEXACO ROAD,MECHANICSBURG,PA 17050-2624
PARCEL#38-21-0295-023
Pile!l: 303023
VERIFICATION
Linda Duncan, hereby states that /sh is Vice President Loan Documentation of
WELLS FARGO BANK,N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter,that h /she 's authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of 1114 9'gifb7,J'1,14tjo n 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.
d;A:
JLLU(—Q---
Name: Linda Duncan
DATE:
Title: Vice President Loan Documentation
Name: Goodhart
File#: 303023
032-PA-V3
FORM I
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A.,SBM TO WELLS OF CUMBERLAND COUNTY,PENNSYLVANIA
FARGO HOME MORTGAGE INC.
Plaintiff(s)
VS.
MICHAEL S.GOODHART
TRACY REED
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 tender.
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 MidPerm Legal Services at(717)243-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you,
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial *information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed- with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative.Bowevor,you must provide,your lawyer.with all requested financial b1fdrination so(liat a loan resolution
,propose[can be pit1pred on,your behalf If you and your lawyer complaten financial worksheot in the format attached
I.iereto,your lawyer will prepare and file a Request for Conciliation.Conference with[lie Court,which niustbe filed
Within sixty(60)days of the service upon you of the foreclosure complaint.IT you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
'Respect s itted:
Date I -�01A ,USbwood,Esquire
V for
Ak y for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOMER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State Zip:
Is the property for sale? Yes E] No F-1 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-13ORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Nome: Office:
Cell: Other:
Email:
#of people in household: _ How long?
FINANCIAL INFORMATION
First .Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes&Insurance:
Date of Last Payment:
Primary Reason for Default_.
Is the loan in Bankruptcy? Yes Q 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: :Mode).- Year:
Amount owed: Value:
Automobile#2:Model: Year:
Amount owed: Value:
Other transportation(automobiles boats,motorcycles); Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.. Monthly Gross MonflilyNet
2. , M:birthly Gross _ Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
1,
monthly amount:
2. mo nth:iy.amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Morte Food
2" Mort ale Utilities
Car Pa ment s) Condo/Nei ;h.Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop.payment
Install.Loan Payment Cable TV
Child.Su port/Alim. $pending Spending Money
Da /Child Care/Tuit. Other Ex er
Amount Available:for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes Q No Q
If yes,please provide the following information:
Counseling Agency: Counselor:
Phone(Office): _ Fax:�
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(Hl MAP)
assistance?
YesM NoM
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 E:1 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 Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement(if property is currently on the market)
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff Cuftbr.,4
Jody S Smith
Chief Deputy
Richard W Stewart -
Solicitor o"a a OF"a SWEW11
Wells Fargo Bank,NA. Case Number
VS. 2012-5165
Michael S. Goodhart(et al.)
SHERIFF'S RETURN OF SERVICE
08/29/2012 09:30 AM-Stephen Bender, Deputy Sheriff,who being duly swom according to law,states that on
August 29,2012 at 0930 hours,he served a true copy of the within Complaint in Mortgage Foreclosure
and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to
wit: Michael S.Goodhart, by making known unto Tracy Reed,Girlfriend of Michael S. Goodhart and adult
in charge at 184 Texaco Road, Mechanicsburg,Cumberland County, Pennsylvania 17050 its contents
and at the same time handing to her personally the said true and correct copy of the same.
STEPHEN BENDER, DEPUTY
08/29/2012 09:30 AM-Stephen Bender, Deputy Sheriff,who being duly sworn according to taw, states that on
August 29,2012 at 0930 hours,he served a true copy of the within Complaint in Mortgage Foreclosure
and Notice of Residential Mortgage Foreclosure Diversion Program,upon the within named defendant,to
wit:Tracy Reed,by making known unto herself personally,at 184 Texaco Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the
said true and correct copy of the same.
STEPHEN BE DER, DEPUTY
SHERIFF COST:$54.00 SO ANSWERS,
September 06,2012 RON R ANDERSON, SHERIFF
(c)CwntySLft shaft Tdemk Inc.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 .Attorney for Plaintiff
WELLS FARGO BANK, N.A., SBM TO WELLS Court of Common Pleas
FARGO HOME MORTGAGE INC.
3476 STATEVIEW BOULEVARD Civil Division
FORT MILL, SC 29715 Tenn
Plaintiff No. 2012-5165-CIVIL
V.
Cumberland County
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
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:
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
Date: a By:
os h . Schalk, Esquire
Att ney for Plaintiff
303023
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., SBM TO WELLS
FARGO HOME MORTGAGE INC. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff rm
ff
V. No. 2012-5165-CIVIL
MICHAEL S. GOODHART Cumberland County
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
Defendants
ORDER
AND NOW, this /2 day of 9MIH► 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.
303023
� l
f�
I
i
CC : Michael S. Goodhart and Tracy Reed
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
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
303023
FfLEO-OFFtCt Attorney for Plaintiff
THE PROTHN
OOTARY
PHELAN HALLINAN,LLP r_
Adam H. Davis,Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 2013 SEP —3 AM 9: 54
One Penn Center Plaza CUMBERLAND COUNTY
Philadelphia,PA 19103 PENNSYLVANIA
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A.,SBM TO CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE INC. COURT OF COMMON PLEAS
VS. CIVIL DIVISION
MICHAEL S.GOODHART No. 12-5165-CIVIL
TRACY REED
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)MICHAEL S. GOODHART 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 MICHAEL S. GOODHART is over 18 years of age and resides at 184
TEXACO ROAD,MECHANICSBURG,PA 17050-2624.
(c) that the Plaintiff is without sufficient information to determine whether the
defendant(s)TRACY REED 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.
(d) that defendant TRACY REED is over 18 years of age and resides at 184 TEXACO
ROAD,MECHANICSBURG,PA 17050-2624.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date V39
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
796785
Department of Defense Manpower Data Center Results as of:Aug-30-2013 04:11:26
SCRA 3.0
Status Report
Pursuant to Servicomembers Civil Relief Aot
Last Name: GOODHART
First Name: MICHAEL
Middle Name: S
Active Duty Status As Of.- Aug-30-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Data Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Hot Unit Was Notified of a Future Caff-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 hisrher 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.
OwU * -
wt Jrq 114"1—
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
-EO-OF°FIC
OF*- T THE F'ROTi�ONOTAn`t
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034 2013 SEP -4 AM 10: 53
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza CUMBERLAND ������
Philadelphia, PA 19103 PENNSYLVANIA
Adam.Davls@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A., SBM TO CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE
INC. COURT OF COMMON PLEAS
VS. CIVIL DIVISION
MICHAEL S. GOODHART No. 12-5165-CIVIL
TRACY REED
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 MICHAEL S. GOODHART
and TRACY REED, 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
Plaintiffs damages as follows:
As set forth in Complaint $127,736.89
TOTAL $127,736.89
I hereby certify that (1)the Defendants' last known address is 184 TEXACO ROAD,
MECHANICSBURG, PA 17050-2624, and (2) that notice has been given in accordance with
Rule Pa.R.C./P 237.1.
Date Q! 3
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1
u t
DATE: 3
PH#796785 PROTHONOTARY
796785
'R saa
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H. Davis, Esq., Id.No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis @PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A., SBM TO CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE INC. COURT OF COMMON PLEAS
VS. CIVIL DIVISION
MICHAEL S. GOODHART No. 12-5165-CIVIL
TRACY REED
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)MICHAEL S. GOODHART 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 MICHAEL S. GOODHART is over 18 years of age and resides at 184
TEXACO ROAD,MECHANICSBURG,PA 17050-2624.
(c) that the Plaintiff is without sufficient information to determine whether the
defendant(s)TRACY REED 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.
(d) that defendant TRACY REED is over 18 years of age and resides at 184 TEXACO
ROAD,MECHANICSBURG,PA 17050-2624.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated ' ✓ ��?i`�
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
796785
Ddpartment of Defense Manpower Data Center Resu,ua5 of:sep03-zo�3�6.3710
SCRA 3.0
Status,Report
Pursuant to Servicemembas Civil Relief Act
Last Name: GOODHART
First Name: MICHAEL
Middle Name: S
Active Duty Status As Of: Sep-03-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Act 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
Leff Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Aal *raw
.r `
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.,SBM TO WELLS COT OF COMMON PLEAS
FARGO HOME MORTGAGE INC. CIVUIL R DIVISION
Plaintiff
NO. 12-5165-CIVU-
V.
MICHAEL S.GOODHART CUMBERLAND COUNTY
TRACY REED Defendant(s)
TO: TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA.17050-2624
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY. IMp0gTANT NOTICE
-;NTI RITTI'.N
YOU ARt-, IN 1:)EFAULT BECAUSE YOU HAVE FA, ED TO E , A W
A-PTIEARANCE PERSONALLY OR BY Al-FORNEY AND FILE IN WRI'11ING WTI H 'IT'IE COURT
yoURDET,,'L7,NSE,SOR013JECTION,STO*I*I-ITLCI:.,ATIVIS SET]-'()W'rl4AGA[iNSI'YOU. UNLE-SSYOU
Z OP THIS NOTICE,A jUD(-,F -,Fr MAY BE ENTERED
AC'r WITHIN TEN DAYS FROM DATE
AGAINST YOU WI-IJ400T A I-IFi\RING AND VOU MAY LOSE YOUR PROI"I�,RTY OR
IMPORTANT RIGHTS.
YOU SHOULD TAKE, THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPI-IONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF I YOU CANNOT AFFORD TO HIRE A LAWYI le, 'I'l-IIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITI'l-INFORMAJ103\1 ABOtrT AGENCTESTHA'r MAY OFFER LEGAL SERVICES
TO ELIGIBLE PI RS AT ARE-IYUCED FE-r,,OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
Z,
By:
Adam 11.Davis,Esq.,Id.No.263034
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
FIR#796785
WELLS FARGO BANK,N.A.,SBM TO WELLS
COURT V COMMON PLEAS
FARGO HOME MORTGAGE INC.
CIVIL DIVISION
V.
Plaintiff
MICHAEL S. GOODHART N'O. 12-5165-CIVIL
TRACY REED
Defendants) CUMBERLAND COUNTY
TO: MICHAEL S. GOODHART
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
DATE OF NOTICE:
1'IIIS FIRM IS A I)I 13'I CO3T 1wIEC l C,R A`I'I`E%iMf 'INC,To C:OI
TCT'A )I--13"I",IS S NT'TO YOU IN AN ATIFA1P1 TO C THE' BE � THIS 107 ICE Oi1ERk 1P , AN ANY INr � T 7�LE T ) ITRRI` AINED FROM YOU
WTL L III✓ USE J)R-1R ITIA°1'
P1.:IIRPO S1E. IF YOU HAVE- PREVIOUSLY R1-,C :IVFD A D.ISC14ARG1-E IN BANKRUPTCY,
TI-118 Ct RIZES.PONDENCL, IS NOT AND SHOULD NOT I3E CON'TRUED TO 11E AN
Al"TIryMT'T TO COLLECT A Drt r3':P, BUr OiNI._Y AS ENFORCIEMENT OF 1.11EiN AGAIN T
PIZ OPER'FY.
IMPORTANT NOTICE
YOU PEE tN !Al FALJO'1 T31 CAUSE YOU 1�1AVF, FA1LIeD `I'O E TER A WRI':1"T`IEN
APPEARANCE P�:12SONAlL.�'` OR 13Y A] S""
AND T� ,
'►`0118 I�1"I'.EN ,E�i C)I' OF3I1wC"TIONS TO THE,,CLAIMS SI3T FORTH AGAINST I ?YOU,�11-�I 'SS��C�t
AC�'T"WI I t TIN I I�N DAYS FROM'TI rE DA DATE�OF TI°115 tNO`I'10E.A.I[rlJ�yMI 1,1 I MAY y' 1Jet 1,;N�I:�,R U
AGAINST YOU tITS,O(JT° A HEARING AND YOU MAY LOST YOUR PIIOP ER"I'Y OR O"l"HER
IMPORTANT I�.1GI°ITS.
YOU SHOULD TAKF-_ THIS PAPER TO YOUR LAWYER AT ONCZ IF YOU DO NOT
HAVE A T A'�VYER, COTO (1R. "1'1 1 t.PI-10NE "PHI; OFFICE SEI FOI�'I'i:1 BEI C?W T(Il-S 01'E 1C1'
CAN PROVIDE YOU WITH INFORMATION ION ABOUT T11,RING A LAWYER i
II' YOU CANNOT AFFORD `T'O fflRE A LAWYER, TIAS OFFICE MAY BE ABLE, T O
PROVIDE YOU WITI-1 INFORMATION AF301IT AGIEN€TE;,S THAT MAY OFI=TA LEGAIM,SERvIC��
TO 1ELIQIBLE.PIERSONS AT A.RI DUCED FE* OR NO FIT,
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse
1 Courthouse Square ASSOCIATION
Carlisle,PA 17013
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
{717)240-6195 CARLISLE,PA 17013
(717)249-3166
By: � r,
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Phelan HaIlinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#796785
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK,N.A., SBM TO CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE
INC. COURT OF COMMON PLEAS
VS.
CIVIL DIVISION
MICHAEL S. GOODHART
TRACY REED No. 12-5165-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
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THA TPURPOSE IF YOU
HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT DEBT,BUT
ONLYENFORCEMENTOFA LIENAGAINST PROPERTY."
796785
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WELLS FARGO BANK,N.A.,SBM TO WELLS FARGO HOME COURT OF COMMON PLEAS
MORTGAGE INC.
Plaintiff CIVIL DIVISION
V. NO.: 12-5165-CIVIL
MICHAEL S. GOODHART
TRACY REED CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $127,736.89
Interest from 09/05/2013 to Date of Sale $1,911.00
TOTAL $129,647.89
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property. C�w pla tD
rrIco
rn
It ft
�9�09
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.,SBM TO WELLS FARGO HOME MORTGAGE INC.
._ Plaintiff
V.
MICHAEL S.GOODHART
TRACY REED
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
Address where papers may be served:
ca� MICHAEL S. GOODHART
Phelan Hallinan,LLP 184 TEXACO ROAD
Adam H.Davis,Esq.,Id.No.203034 MECHANICSBURG,PA 17050-2624
Attorney for Plaintiff
TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
LEGAL DESCRIPTION
ALL THOSE TWO(2)CERTAIN lots or parcels of ground situate in the Township of Silver Spring,County
of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows:
Tract No. 1:BEGINNING at a point in the center of a Public Road commonly known as Anderson Road;
thence by land formerly of Earl B.Eichelberger,now or formerly of Lloyd Shelley,North forty-three(43)
degrees fifty(50)minutes West,two hundred sixty-three(263)feet to a pin;thence by land formerly of
William Lehman,now or formerly of Forrest Brenneman,North forty-eight(48)degrees East,eighty-seven
and four-tenths(87.4)feet to a pin;thence by land now or formerly of J.H.Dowell, South forty-three(43)
degrees fifty(50)minutes East,two hundred fifty-four and sixty-two one-hundredths(254.62)feet to a point
in the center of the public road aforesaid;thence by the center of said road,South forty-two(42)degrees
thirty(30)minutes West eighty-seven(87)feet to the place of BEGINNING.
Tract No.2:BEGINNING at a point in the center of the public road commonly called the Anderson Road,
said point being South forty-two(42)degrees thirty(30)minutes West four hundred nineteen(419)feet along
the center line of Anderson Road from its intersection with the center line of another public road;thence by
land of Joseph M.Hoffinan and Minnie Hoffinan,his wife,North forty-three(43)degrees fifty(50)minutes
West two hundred fifty-four and sixty-two hundredths(254.62)feet to an iron pin;thence by land formerly of
William Lehman,now or formerly of Samuel Simmons,North forty-eight(48)degrees East eighty-seven and
four-tenths(87.4)feet to an iron pin;thence by land South forty-three(43)degrees fifty(50)minutes East
two hundred forty-six and twenty-five hundredths(246.25)feet to a point in the center of Anderson Road;
thence by the center line of Anderson Road,South forty-two(42)degrees thirty(30)minutes West eighty-
seven(87)feet to the place of BEGINNING.Improved by a ranch type frame dwelling house.
UNDER AND SUBJECT,NEVERTHELESS,to the conditions,restrictions,agreements,easements,rights
of way,encumbrances,and all other matters of record.
TITLE TO SAID PREMISES IS VESTED IN Michael S. Goodhart, a single man and Tracy
Reed, a single woman, as joint tenants with right of survivorship, by Deed from Waypoint Bank
F/K/A York Federal Savings and Loan Association and Harris Savings Bank, dated 10/30/2002,
recorded 11/06/2002 in Book 254, Page 2123.
PREMISES BEING: 184 TEXACO ROAD,MECHANICSBURG,PA 17050-2624
PARCEL NO.38-21-0295-023
PHELAN HALLINAN, LLP Attorneys for Plaintiff
Adam H. Davis, Esq., Id. No.203034 FILEQ OFFIC[
1617 JFK Boulevard, Suite 1400 OF THE T HONGW�y
One Penn Center Plaza 2013 SEA' —4
Philadelphia, PA 19103 N 10: 54
Adain.Davls@PhelanHallinan.com CUMBERLAND COUNTY
215-563-7000 PENNSYLVANIA
WELLS FARGO BANK, N.A., SBM TO WELLS FARGO HOME COURT OF COMMON PLEAS
MORTGAGE INC.
Plaintiff CIVIL DIVISION
V. NO.: 12-5165-CIVIL
MICHAEL S. GOODHART
TRACY REED CUMBERLAND COUNTY
Defendant(s)
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:
(X) the mortgage is an FHA Mortgage
the premises is non-owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doe No 11-1197,41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification t(
authorities.
By:
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
WELLS FARGO BANK,N.A., SBM TO WELLS FARGO COURT OF COMMON PLEAS
HOME MORTGAGE INC.
Plaintiff CIVIL DIVISION
V. NO.: 12-5165-CIVIL
MICHAEL S. GOODHART
TRACY REED CUMBERLAND COUNTY
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,SBM TO WELLS FARGO HOME MORTGAGE INC.,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 184 TEXACO ROAD,MECHANICSBURG,PA 17050-2624.
Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained 'c-::")
please so indicate)
MICHAEL S.GOODHART 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
TRACY REED 184 TEXACO ROAD �
MECHANICSBURG,PA 17050-2624
-;I
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MICHAEL S.GOODHART 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
TRACY REED 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
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)
DRIVEKORE,INC. 101 WESLEY DRIVE
MECHANICSBURG,PA 17055
DRIVEKORE,INC. 1104 FERNWOOD AVENUE SUITE 203
C/O CHARLES RECTOR,ESQUIRE CAMP HILL,PA 17011
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280948
DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128
COMPLIANCE
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280946
DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128
COMPLIANCE
L ELECTRIC UTILITIES CORPORATION 49 NORTH SUGAN ROAD
C/O ANTHONY P.KRZYWICKI,ESQUIRE P.O.BOX 505
NEW HOPE,PA 18938
PH #796785
PPL ELECTRIC UTILITIES CORPORATION TWO NORTH NINTH STREET
ALLENTOWN,PA 18101
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
EQUITY ONE INCORPORATED TILGHMAN SQUARE SHOPPING CENTER
4666 BROADWAY A-11
ALLENTOWN,PA 18104
S. 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)
TENANVOCCUPANT 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL.BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: 1 V /� By: �---
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 # 796785
r
a
WELLS FARGO BANK,N.A., SBM TO WELLS FARGO COURT OF COMMON PLEAS
HOME MORTGAGE INC. .
CIVIL DIVISION
Plaintiff :
: NO.: 12-5165-CIVIL
VS.
MICHAEL S. GOODHART CUMBERLAND COUNTY
TRACY REED c !H! '
�
Defendant(s)
"C7:K w
MCD rn
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY =°
-Cc:) M" C:)-r;
3>c-) = :z-F
TO: MICHAEL S. GOODHART e5 FT
TRACY REED x,
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
"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 184 TEXACO ROAD,MECHANICSBURG,PA 17050-2624 is scheduled to
be sold at the Sheriff s Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South
Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$127,736.89 obtained by WELLS FARGO
BANK,N.A., SBM TO WELLS FARGO HOME MORTGAGE INC. (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 Sheriffs Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
q
LEGAL DESCRIPTION
ALL THOSE TWO(2)CERTAIN lots or parcels of ground situate in the Township of Silver Spring, County
of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows:
Tract No. 1:BEGINNING at a point in the center of a Public Road commonly known as Anderson Road;
thence by land formerly of Earl B.Eichelberger,now or formerly of Lloyd Shelley,North forty-three(43)
degrees fifty(50)minutes West,two hundred sixty-three(263)feet to a pin; thence by land formerly of
William Lehman,now or formerly of Forrest Brenneman,North forty-eight(48)degrees East,eighty-seven
and four-tenths(87.4)feet to a pin; thence by land now or formerly of J.H.Dowell, South forty-three(43)
degrees fifty(50)minutes East,two hundred fifty-four and sixty-two one-hundredths(254.62)feet to a point
in the center of the public road aforesaid;thence by the center of said road, South forty-two(42)degrees
thirty(30)minutes West eighty-seven(87)feet to the place of BEGINNING.
Tract No.2:BEGINNING at a point in the center of the public road commonly called the Anderson Road,
said point being South forty-two(42)degrees thirty(30)minutes West four hundred nineteen(419)feet along
the center line of Anderson Road from its intersection with the center line of another public road;thence by
land of Joseph M.Hoffman and Minnie Hoffman,his wife,North forty-three(43)degrees fifty(50)minutes
West two hundred fifty-four and sixty-two hundredths(254.62)feet to an iron pin;thence by land formerly of
William Lehman,now or formerly of Samuel Simmons,North forty-eight(48)degrees East eighty-seven and
four-tenths(87.4)feet to an iron pin; thence by land South forty-three(43)degrees fifty(50)minutes East
two hundred forty-six and twenty-five hundredths(246.25)feet to a point in the center of Anderson Road;
thence by the center line of Anderson Road, South forty-two(42)degrees thirty(30)minutes West eighty-
seven(87)feet to the place of BEGINNING. Improved by a ranch type frame dwelling house.
UNDER AND SUBJECT,NEVERTHELESS,to the conditions,restrictions,agreements,easements,rights
of way,encumbrances,and all other matters of record.
TITLE TO SAID PREMISES IS VESTED IN Michael S. Goodhart, a single man and Tracy
Reed, a single woman, as joint tenants with right of survivorship,by Deed from Waypoint Bank
F/K/A York Federal Savings and Loan Association and Harris Savings Bank, dated 10/30/2002,
recorded 11/06/2002 in Book 254, Page 2123.
PREMISES BEING: 184 TEXACO ROAD,MECE ANICSBURG,PA 17050-2624
PARCEL NO.38-21-0295-023
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-5165-CIVIL
WELLS FARGO BANK, N.A., SBM TO WELLS FARGO HOME MORTGAGE INC.
V.
MICHAEL S. GOODHART
TRACY REED
owner(s) of property situate in SILVER SPRING TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
184 TEXACO ROAD, MECHANICSBURG,PA 17050-2624
Parcel No.38-21-0295-023
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $127,736.89
Attorneys for Plaintiff
Phelan Hallinan, LLP
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-5165 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.,SBM TO WELLS
FARGO HOME MORTGAGE INC.Plaintiff(s)
From MICHAEL S.GOODHART,TRACY REED
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $127,736.89 L.L.: $.50
Interest FROM 9/5/2013 TO DATE OF SALE($21.00 PER DIEM)-$1,911.00
Atty's Comm: Due Prothy: $2.25
Atty Paid: $202.75 Other Costs:
Plaintiff Paid:
Date: 9/4/13
David D.Buell,Protho otary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: ADAM H.DAVIS,ESQUIRE
Address:Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Attorney for: Plaintiff
Telephone: 215-563-7000
Supreme Court ID No. 203034
FILED-OFFICE
OF 1iiF FROT HONO TAk
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 2E 3 OCT _1� s:i 10 TORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A., S/B/M WELLS • Court of Common Pleas
FARGO HOME MORTGAGE, INC.
Plaintiff : Civil Division
•
v. • CUMBERLAND County
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
TRACY REED
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 August 20,
2012.
2. Judgment was entered on September 4, 2013 in the amount of$127,736.89. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit"A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on December 4,2013.
796785
5. Additional sums have been incurred or expended on Defendants'behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $104,071.24
Interest Through November 1, 2013 $26,928.40
Late Charges $59.70
Legal fees $1,725.00
Cost of Suit and Title $1,098.75
Property Inspections $148.12
Mortgage Insurance Premium!Private Mortgage Insurance $1,515.57
Mortgage Insurance Premium to be paid $79.68
Escrow to be paid $1,414.00
Escrow Deficit $9,317.92
TOTAL $146,358.38
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2013 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit"B".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order to Lift Stay dated June 12,2013 .
796785
•
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: to l.3/0 By:
•nathan Lobb, Esquire
ATTORNEY FOR PLAINTIFF
796785
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A., S/B/M WELLS • Court of Common Pleas
•
FARGO HOME MORTGAGE, INC.
Plaintiff • Civil Division
•
v. • CUMBERLAND County
•
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
TRACY REED
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
MICHAEL S. GOODHART 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 184 TEXACO ROAD, MECHANICSBURG, PA 17050-2624. 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.
796785
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
796785
•
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
796785
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.
796785
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.
796785
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced(which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
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.
796785
arn
•
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.
796785
•
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage,those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: /0 /3 43 By:
J'j1!than Lobb,Esquire
Attorney for Plaintiff
796785
Exhibit "A"
796785
7
ca
cy
2
PHELAN HALLINAN,LLP Attorney for P1a s°
Adam H.Davis,Esq.,Id.No.203034 *.c?-) s Qz Tom'—,
1617 JFK Boulevard,Suite 1400 y°cz � Arn
One Penn Center Plaza w
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,N.A.,SBM TO : CUMBERLAND COUNTY
WELLS FARGO HOME MORTGAGE .
INC. : COURT OF COMMON PLEAS
vs. : CIVIL DIVISION
MICHAEL S.GOODHART : No.12-5165-CIVIL Ap TTORAp,
TRACY REED EASFRE7.0RNpI'
•
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
1/0RMiF/�
TO THE PROTHONOTARY: ASFR G iPy
AR
Kindly enter judgment in favor of the Plaintiff and against MICHAEL S.GOODHART
N
and TRACY REED,Defendant(s)for failure to file an Answer to Plaintiffs Complaint within
20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
Ai#r.ikilj�r
As set forth in Complaint $127,736.80.tilVk.r, Lt�^t,
c�h„v'
TOTAL $127,736.89
I hereby certify that(1)the Defendants'last known address is 184 TEXACO ROAD,
MECHANICSBURG,PA 17050-2624,and(2)that notice has been given in accordance with
Rule Pa.R.C.P 237.1. /�
Date q 3/13.y:7 4/COl ArX9t■z,-
Adam H. Davis,Esq.,Id.`NO.203034
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: qly��� c� ”
PH#796785 PROTHONOTARY
796785
Exhibit "B"
796785
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan,LLP Representing Lenders in
Pennsylvania
September 24,2013
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
RE: WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE,INC. v,
MICHAEL S. GOODHART and TRACY REED
Premises Address: 184 TEXACO ROAD MECHANICSBURG,PA 17050
CUMBERLAND County CCP,No. 12-5165-CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment.Please
respond to me within 5 days,by 9/30/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
/
r� ,s
Jonathan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Enclosure
796785
.g Name and Phelan H an
allin ,LLP
•
Address 1617.1FK Boulevard,Suite-1400 t
Of Sender One Penn Center Plaza h 18
Philadelphia,PA 19103 KVM +b+>Lad
7.
Lino .Article Number Name of Addressee,Strets tad P t Office Address Postage t-- 0
1 •*••: MICHAELS.GOODHART 50..46' ` ;w
•' . TRACY REED
4 r vi zvQ
184 TEXACO ROAD ,�+.,c,
MECHIANICS$URG.-PA.17050-2 e•4 .y,
RE:MICHAEL S.GOODHART(t MBERLAND) PH#796785/1200 Page 1 of t 50.46
Taal Number of Total Number of Pieces Peetmnf� Nine of The full declaration of value is required en all domestic ml irmaotianR ree s ored mall Them . .k`
hem Lited by Seodo Received in Pop Office Receiving ara1 for the r oumroc o of eo w ae dooa eteb tamer Empress Mall document recrmsm hon in
peee subject Co a Emit n1'3500,000 per ao oeoe .The mammwn iorkr,ur£ty payable ea Eopeo P. .y•t',3
The surhnom iadnanky parable in$2!,000 tar rotte ed mail,sent Wtb oa anai rrree aetee S.
.. - - R900 S913 and 5921 he himomioos of oaverap.. ... - f�i .°`
" f�
Form 3877 Facsimile r.,
r„'', �■
■
•
ix a
E:a•r
'ti
79678
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas
•
FARGO HOME MORTGAGE, INC.
Plaintiff • Civil Division
•
v. : CUMBERLAND County
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
•
TRACY REED
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.
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
Phelan Hallinan, LLP
DATE: /e51/. ? By: 1
Athan Lobb, Esquire
ATTORNEY FOR PLAINTIFF
796785
Al FIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.,S/B/M WELLS FARGO HOME c°a
MORTGAGE,INC. PH#796785
w
DEFENDANT SERVICE TEAM/]xh =rri c-) r
MICHAEL S.GOODHART COURT NO.:12-5165-CIVIL : --t s T
TRACY REED (.1)r- cp r..
C
C)
SERVE TRACY REED AT: TYPE OF ACTION <c) " t
184 TEXACO ROAD XX Notice of Sheriff's Sale >c-)
MECHANICSBURG,PA 17050-2624 SALE DATE: December 4,2013 CJ
= .. ;
SERVED
S ved and made known to TRACY REED,Defendant on the r day of 0 13,at
j o'clock M.,at (t± 1 Q q- ,in the manner described below:
Defendant rsonally served.
) Adult family member with whom Defendant(s)reside(s).
Relationship is MkOrtP Sk.S• T
_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:
y � M it
Description: Age d Height_ Weight ( JO Race 4� Sex Other
I, A-0 6OUr-Prtiret -) ,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:411til_
`
!� NAME: / ` U '
PRINTED NAME: f"'61=' 1k n et
TITLE: ( -S S Atli/5
NOT SERVED
On the day of ,20 at o'clock_M.,I, ,a competent adult hereby
state that Defendant NOT FOUND because:
Vacant ,Does Not Exist Moved Does Not Reside(Not Vacant)
_No Answer on at_ at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.,SB/M WELLS FARGO HOME
MORTGAGE,INC. PH#796785 r, `�
DEFENDANT SERVICE TEAM/lxh c� "-
MICHAEL S.GOODHART -10 NO.:12-5165-CIVIL C37 C:) s"'"--
TRACY REED = --d ---c'-.
r., '
SERVE MICHAEL S.GOODHART AT: TYPE OF ACTION ,,4y' t;n --i c'
184 TEXACO ROAD XX Notice of Sheriff's Sale {"= .0
MECHANICSBURG,PA 17050-2624 SALE DATE: December 4,2013 -Q
rZ� Lii ft`,
SERVED '3:;''Z , 3-°'
Served and mad known to MICHAEL S.GOODHART,Defendant on theft day of 6E 20 I t ts� .
3.
o cloc M.,at t — -TE7y�Fc1J (LOAD
,in the manner described below:
Defendant rsonally 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: .
S h 1 F� Other
Description: Age Height 5 �- Weight p Race Sex
I, frc k 4J ,a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to
unworn falsification to authorities.
DATE: �15 NAME: .!'04\"—`-
PRINTED NAME: 'OC'
TITLE: file'6-"SC SCI-VW-
NOT SERVED
On the day of 20 ,at o'clock .M.,I, ,a competent adult hereby
state thatefendyant NOT FOUND because:
—Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at ,•
at
_Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas
FARGO HOME MORTGAGE, INC.
Plaintiff : Civil Division
v. • CUMBERLAND County
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
TRACY REED
Defendants
RULE
AND NOW,this 1'r day of CA-117 • 2013, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BYT ECOURT
J.
::c
rr cz.
2-rr; C7 .
CO
r
796785
onathan Lobb,Esq.,Id.No.312174
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215)563-3459
-CHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
•
e&pi£.5 1YLVAISCL
I 796785
/0/4/ /3
796785
LLD-
=ROTHO O 1/ ,.
2013 OCT 21 ( ;M10: i2
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Perm Center Plaza
Philadelphia, PA 19103
allison.zuckerman @phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., S/B/M WELLS : Court of Common Pleas
FARGO HOME MORTGAGE, INC. •
Plaintiff • Civil Division
vs.
•
CUMBERLAND County
MICHAEL S. GOODHART •
TRACY REED • No.: 12-5165-CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 9, 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.
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
Phe . Ha1li
DATE: l0 p By:
Allis.- . Zipermr sq., Id.No.309519
ttorney for P •• iff
796785
2013 NOV -8 1110: 10
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas
•
FARGO HOME MORTGAGE, INC.
Plaintiff : Civil Division
vs. • CUMBERLAND County
•
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
•
TRACY REED
Defendants
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., 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 4, 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 24,
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) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
796785
3. A Rule was issued on October 9, 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 Plaintiffs Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: J//7 i/.3 By:
Jo/than Lobb, Esq., Id.No.312174
Attorney for Plaintiff
796785
Exhibit "A"
796785
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 24,2013
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
RE: WELLS FARGO BANK,N.A., SB/M WELLS FARGO HOME MORTGAGE,INC. v.
MICHAEL S. GOODHART and TRACY REED
Premises Address: 184 TEXACO ROAD MECHANICSBURG,PA 17050
CUMBERLAND County CCP,No. 12-5165-CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days,by 9/30/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
, /
Jonathan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Enclosure
796785
Exhibit "B"
796785
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas
FARGO HOME MORTGAGE, INC.
•
Plaintiff Civil Division
v. CUMBERLAND County
MICHAEL S. GOODHART No.: 12-5165-CIVIL
TRACY REED
Defendants
RULE
AND NOW,this day of .........._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
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
J.
r17.1 rrrjr-
--4
r— a
a f)
C
- c%
e>
796785
. .
JonodhunLnbb,— ,Id.No.3l2l74
Phelan BaUiuun,[JL'
l6i7JyK Boulevard, Suite l400
Philadelphia,PAl9l03
TEL: (215)563-7000
FAX (2I5)563-3459
MICHAEL S. GOOD8ART
TRACY REED
184 T X&COROAD
MB{ llANICSBlJBG9A ]7050-2624
796785
796785
•
•
�} I�:LO-L r
HE PRO THONCTAit
2913 OCT 21 AM 10: 12
CUMBERLAND COUNTY
PENNSYLVANIA
R YLd W Us'
Plane no tum
Phelan Hallinan, LLP
Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
allison.zuckerman@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas
•
FARGO HOME MORTGAGE, INC.
Plaintiff Civil Division
vs. --;
CUMBERLAND County
MICHAEL S. GOODHART •
TRACY REED
•
No.: 12-5165-CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 9, 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 i'� ualU on the late indicated below.
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
Phelan I Iailiant, 1..Lf
A
DATE: ` 1 By:
(Allison i 'Zucker` 1 sqi.,Id.No.309519
Attorney for Plaintiff
796785
•
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas
•
FARGO HOME MORTGAGE, INC.
Plaintiff • Civil Division
vs. • CUMBERLAND County
•
MICHAEL S. GOODHART • No.: 12-5165-CIVIL
TRACY REED
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.
MICHAEL S. GOODHART
TRACY REED
184 TEXACO ROAD
MECHANICSBURG, PA 17050-2624
Phelan Hallinan, LLP
DATE: (/ l X 1.3 By: fall
Jtdethan Lobb, Esq.,Id. No.312174
Attorney for Plaintiff
796785
r'r�0THON I�i, r'
�?I3 NOY 14 AM 11. 5 !
CUMBERLAND COUNTY
PENNSYLVA141A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas
FARGO HOME MORTGAGE, INC.
Plaintiff Civil Division
vs. CUMBERLAND County
MICHAEL S. GOODHART No.: 12-5165-CIVIL
TRACY REED
Defendants
ORDER
AND NOW, this -1W day of AJ0 "L-- , 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 $104,071.24
Interest Through November 1, 2013 $26,928.40
Late Charges $59.70
Legal fees $1,725.00
Cost of Suit and Title $1,098.75
Property Inspections $148.12
Mortgage Insurance Premium/Private Mortgage Insurance $1,515.57
Mortgage Insurance Premium to be paid prior to December $79.68
4, 2013
Escrow to be paid prior to December 4, 2013 $1,414.00
796785
Escrow Deficit $9,317.92
TOTAL $146,358.38
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 TH COURT::
' I',/
J.
Cool," f'za-;L(
I
Re�
796785
i..� ;•I is ,:"
11,E PTWTHONQTAK'i.14 1
• • PHELAN HALLINAN;LLP Attorney for Plaint ff;�� � +
•
. Adam•H.Davis,Esq.,Id.No.203034 • mi 9RL AND COUNTY i'•
•1617 JFK Boulevard,Suite 1400 • ; • YV A •
One Penn Center Plaza • ' • • •
Philadelphia,PA 19103 • •
Adam.Davis@PhelanHallinan.com
215-563-7000 •
• • •• • • IN THE COURT OF COMMON PLEAS ••
• OF CUMBERLAND COUNTY,PENNSYLVANIA ' •
•
WELLS FARGO BANK,N.A.,S/B/M WELLS CUMBERLAND COUNTY •
FARGO HOME MORTGAGE,INC.
Plaintiff, COURT OF COMMON PLEAS
•
v. CIVIL DIVISION
•
MICHAEL S.GOODHART No.: 12-5165-CIVIL
TRACY REED
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Adam H.Davis,Esq.,Id. o.203034
p/A7 Attorney for Plaintiff
Date: ff,,//`
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#796785
WELLS FARGO BANK,N.A., SB/M WELLS FARGO COURT OF COMMON PLEAS
•
HOME MORTGAGE,INC.
Plaintiff CIVIL DIVISION
•
•
•
•
�• NO.: 12-5165-CIVIL
•
• •
•
•
•
MICHAEL S. GOODHART
•
• TRACY REED. • : •
•
CUMBERLAND COUNTY
•
•
Defendant(s)
•
•
•
•
•
AMENDED AV .I'1DAVIT•PURSUANT TO RULE 3129.1'
WELLS FARG&BANK,N.A.,SB/.M WELLS FAR.GO HOME.MORTGAGE,INC.,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 184 TEXACO ROAD,MECHANICSBURG,PA 17050-2624.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MICHAEL S.GOODHART 184 TEXACO ROAD,MECHANICSBURG,PA
17050-2624
TRACY REED 184 TEXACO ROAD,MECHANICSBURG,PA
17050-2624
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MICHAEL S.GOODHART 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
TRACY REED 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
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)
DRIVEKORE,INC. 101 WESLEY DRIVE
MECHANICSBURG,PA 17055
DRIVEKORE,INC.C/O CHARLES RECTOR, 1104 FERNWOOD AVENUE SUITE 203
ESQUIRE CAMP HILL,PA 17011
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280948
DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128
COMPLIANCE
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280946
DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128
COMPLIANCE
PH#796785
•
L ELECTRIC UTILITIES CORPORATION 49 NORTH SUGAN ROAD
C/O ANTHONY P.KRZYWICKI,ESQUIRE P.O.BOX 505
' NEW HOPE,PA 18938• •
PPL ELECTRIC UTILITIES CORPORATION TWO NORTH NINTH STREET
ALLENTOWN,PA 18101 • ••,
•
•
FORD MOTOR CREDIT COMPANY LLC C/O SKLAR LAW LLC . •
ANDREW SKLAR . 1200 LAUREL OAK RD STE 102
•
• •VOORHEES,NJ 08043 •
FORD MOTOR CREDIT COMPANY,LLC. 1335 SOUTH CLEARVIEW AVENUE
•
MESA,AZ 85209 • .
• AMERICAN BUILDERS&CONTRACTORS KOZLOFF.STOUDT PC
• . SUPPLY COMPANY,INC.C/O DANIEL 2640 WESTVIEW DR. • • . ' • •
• BECKER WYOMISSING,PA 19610 • • •.
FORD MOTOR CREDIT COMPANY,LLC. MARKIND LAW GROUP PC
C/O LLOYD MARKIND 102 BROWNING LN BLDG B STE 1
CHERRY HILL,NJ 08003
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
EQUITY ONE INCORPORATED TILGHMAN SQUARE SHOPPING CENTER
4666 BROADWAY A-11
ALLENTOWN,PA 18104
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 184 TEXACO ROAD
MECHANICSBURG,PA 17050-2624
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
PH#796785
•
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA • HARRISBURG,PA 17108-1754 •
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• FEDERAL BUILDING
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'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: I V/7/A7 B •• •• / 0 —
•
• .
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#796785
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•
Name and Phelan Hallinan,Id.P ; a Cf
Address 1617 JYK Boulevard,Suite 1400 • I,.o
g •t h-r'°Of Sender Ona Perm Center Plaza ��
Philadelphia,PA 19103 .4ZK/CET-12/04/2013 SALE
Line' Article Number Name of Addressee,Street,and Post Office Address Pasta£e . b tj•
•••• TENAN17OCCUPANF $041 su i'r! ‘ a••
184 TEXACO ROAD • .MECHANICSBURG,PA 174504.424 - a
2 ••" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REV'ENUE•BUREAU OFCOMPLIANCE S0A -5 . § ttl a rfs •
• •P.O.isOX 280948 , ;
HARRISBURG,PA 1712 • • ' ol CL o a° •
3
•
••"" COMMONWEALTH OF PENNSYLVANIA DEPARTME2Pr OP REVENUE BUREAU OF COMPLIANCE 5045 ;e�„�,
I. P.O.BOX 250946 • t."_ A"- _ y
H SB JRG PA 128
ARRI I 11 . ,�$
' 4 •••• • DRIVEKORE.1NC. • :"JS
101 WESLEY DRIVE 50.45 4,
MECHANICSBURG,PA 17055 *s '
' 5 •*•• . DRIVEKORE,iNC,CIO CHARLESRECTOR,ESQUIRE 50,45 5•: i4
1104�VERNWOOD AVENUE SUITE 203 ••• CAMP HILL,PA 17011 . • • •
6 . . `• EQUITY ONE INCORF•ORATED
•30.45
•
•
TILGHMAN SQUARE SHOPPING.C£NTER ' • -
• • 4664 BROADWAY A.11 . ,
ALLENTOWN.PA 15101
7 ••" 1E LECTRICUTIt.ITIESCORPORATIONCIOANTHONY .JCRZYWICKI,ESQUIRE 50;43•
49 NOM SUDANROAD -
P.O.BOX 505 e
NEW HOPE,PA 11934
8 "'^' PPL ELECTRIC LTILITIES CORPORATION 50.45
TWO NORTH NINTH STREET • .
ALLENTOWN,PA 11101 C>, ,
9 •••. Domestic Relations or 50.45 v ' •
Cu rabtrlend County 6 .rry •
13 North Hanover Street
Girlish,PA 17013
10 `•:Ir Comttnnweaithef Pennsylvsnis 10,41
Dtlnrtment of Welfare
P.O.Box 2675 •
Harrisburg,PA 17105
11 •••• Interns'Revenue Semite Adv}wry SOA5
1000 Liberty Avenue Room 104
Pittsburgh,PA.15222 •
12 •'•• 11.S.Drpartmrnt of Just ire 50.45
MS,Attorney toe at huddle Dhtriet of PA
Federal Building
229 Minot Street,Suite 220 e
PO Bos 11754
Harrisbatp,PA/1011.1154 - --.
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Form 3877 Facsimile
i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff of cow ' `F/LEO �F�/p�
��""=°~ �'._ ---- -. ' ^~�
—��. /�` uonr."^.._' '�
...�ruu/���U/AX�
Jody SSmith
^ .,
Deputy g����� vn//w~°._ —
P
�o|�U�� �/ M 2: 5�
Richard
Solicitor OFFICE orTHE CHEW 0UMAFRL AND COUNTY
Wells Fargo Bank, N.A.
vs.
Michael S. Goodhart (et al.)
Case Number
2012-5165
SHERIFF'S RETURN OF SERVICE
09/ 25/2013 03:15 PM - Deputy Jeff Kolodzi, b&ng duly sworn according tn|ow.obabaeoervicewooperfonnadby
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 184 Texeco Road, Silver Spring - Township,
Mechanicsburg, PA 17050, Cumberland County.
08/25/2013 03:15 PM - Deputy Jeff Kolodzi, 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 184 Texeco Road, Silver Spring - Township,
Mechanicsburg, PA 17050, Cumberland County.
09/25/2013 03:15 PM - Deputy Jeff Kolodzi, being duly sworn according to |avv, served the requested Real Estate
Writ, Notice and Descripdon, in the above titled action, by making known its contents and at the same
time personaily handing a true copy to a person representing themselves to be Tracy Reed - Wife , who
accepted as "Adult Person in Charge" for Michael S. Goodhart at 184 Texaco Road, Silver Spring
Township, Mechanicsburg, PA 17050, Cumberland County.
09/25/2013 03:15 PM - Deputy JeffKo|udzi. being duly sworn according to |evv, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personaily handing a true copy to a person representing themselves to be the Defendant, to wit:
Tracy Reed at 184 Texaco Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland
County.
12/04/2013 Ronny R Anderson, 5hm,iff, being duly sworn according to law, states that after due and legal notice had
been given according to |aw, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Codia|e, Cumberland County, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of the Bank of
Welis Fargo Bank, N./\., S/B/MVVe||o Fargo Home Mortgage Inc. being the buyer in this execution, paid
to the Sheriff the sum of $
SHERIFF COST: $869.75 SO ANSWERS,
February 18, 2014
w«�myS"ite Sheriff, r��=nInc.
RONR-R ANDERSON, SHERIFF
On September 9, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA,
Known and numbered as, 184 Texeco Road,
Mechanicsburg, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: September 9, 2013
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By:
CScco4t.,-.
Real Estate Coordinator
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2012 -5165 Civil Term
WELLS FARGO BANK, N.A.
vs.
MICHAEL S. GOODHART,
Tracy Reed
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 12- 5165 - CIVIL, WELLS FARGO
BANK, N.A., sbm TO WELLS FARGO
HOME MORTGAGE INC. v. MI-
CHAEL S. GOODHART, TRACY REED
owner(s) of property situate in SILVER
SPRING TOWNSHIP, CUMBERLAND
County, Pennsylvania, being 184
TEXACO ROAD, MECHANICSBURG,
PA 17050 -2624.
Parcel No. 38 -21- 0295 -023.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $127,736.89.
58
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
/A,
Lisa Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
25 day of October, 2013
ditor
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28. 2014
The Patriot -News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717 -255 -8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
tie atriotXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317.
2012-5165 Chrll Term
WELLS FARGO BANK, N.A.
vs.
MICHAEL S. GOODHART
Tracy Reed
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
12- 5165 -CIVIL '
WELLS FARGO BANK, NA, SBM TO
WELLS FARGO HOME MORTGAGE
INC.
v.
MICHAEL S. GOODHART
TRACY REED
owner(s) of property situate in SILVER
SPRING TOWNSHIP, CUMBERLAND
County, Pennsylvania, being
184 TEXACO ROAD,
MECHANICSBURG, PA 17050 -2624
Parcel No. 38 -21 -0295 -023
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING
. Judgment Amount: $127,736.89. . .
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
Sworn to and subscribed before me this 11 day of November, 2013 A.D.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington Twp., Dauphin County
My Commission Expires Dec. 12, 2016
MEMBER, PENNSYLVANIA ASSOCIATION 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 Wells Fargo Bank, N.A. is the grantee the same having been sold to said
grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the
4th day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term,
2012 Number 5165, at the suit of Wells Fargo Bank, N.A. against Michael S. Goodhart and Tracy Reed
is duly recorded as Instrument Number 201406181.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
Recorder of Deeds
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018