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HomeMy WebLinkAbout12-5233 i `i.~.O-O~rl~ i0!1 AI,!~ 22 t;~ I~~ 28 ~~Jt~BEFiL~tdO COUNTY ~NNSYL`JAtJ1A PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTI F One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff v. TERM nn ~1,Ji~ MADALYNNE GLESSNER NO. ~ of • 533 134 FRONT STREET ENOLA, PA 17025-3213 CUMBERLAND COUNTY Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE Q~}~~°` `~S~d a ~ File 304014 f ~ 1 ~ Q Sa _ _ _ r NOTICE ' You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that f you fail to do so, the case may proceed without you, and a judgment may be entered against yo 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 LAWYE . 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 304014 _ _ _ _ _ - 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD ' FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MADALYNNE GLESSNER 134 FRONT STREET ENOLA, PA 17025-3213 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/12/2007 MADALYNNE GLESSNER made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage i recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortg e Book 2000, Page 2182. By Assignment of Mortgage recorded 07/20/2007 the mortgag was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgag Book 738, Page 3572.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 i those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default as a result of the mortgaged premises ceasing to be the principal residence of the Mortgagor and the mortgaged premises is not the principal residence of at least one other borrower as more fully set forth in paragraph 9(b) of said mortgage. 6. The following amounts are due on the mortgage: Principal $116,539.04 File 304014 I - _ _ _ _T Interest from 07/31/2007 to 08/14/2012 @ variable rate(s) $11,027.77 Pre-acceleration Late Charges $0.00 ~ Hazard Insurance Disbursements $0.00 Tax Disbursements $0.00 Property Inspections/Preservation $515.00 PMI~MIP Insurance $3,718.07 Bankruptcy Fees/Costs $0.00 Other (service fees) $1,830.00 Escrow Balance Credit $0.00 Credits to Borrower $0.00 Total $133,629.88 Per diem interest in the amount of $4.42 will accrue on the principal from 08/14/2012 t the next interest rate change date and accrue thereafter in accordance with the variable rate as set forth in the Note. 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $133,629.88, 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. File 304014 PHELAN H LINAN & SCHMIEG, LLP i By: a e rush od, Esquire ttorney for 'tiff File 304014 _ ~ LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the East Pennsboro Twp., Cumberland Coun~y, Pennsylvania, bounded and described as follows, to wit:- BEGINNING at a point in the western line of Front Street at the southern line of Lot No. 16 0 the hereinafter mentioned Plan of Lots; thence southwardly along the western line of Front Str et 32 feet and 4-3/4 inches to a point; thence westwardly along land conveyed to Charles and Elizabeth Givler 139 feet to a point in the eastern line of an unnamed alley; thence northwardl along the eastern line of said unnamed alley 32 feet and 43/4 inches to a point in the southern line of Lot No. 16; thence eastwardly along the southern line of Lot No. 16 139 feet to a point, the place of BEGINNING. BEING the northern part of Lot No. 15 on the Plan of the Town of West Fairview. PARCEL #45-17-1044-256 PROPERTY ADDRESS: 134 FRONT STREET, ENOLA, PA 17025-3213 PARCEL # 45-17-1044-256. File 304014 _ _ i VERIFICATION Amalia Nix, hereby states that he/she is Vice President Loan Documentation of WELLS FARC~-O I BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 a. C.S. Sec. 4904 relating to unsworn falsification to authorities. Amalia Nix DATE: August 15, 2012 Vice President Loan Documentation 032-PA-V3 PHS: 304014 i FORM 1 • IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIAI Plaintiff(s) ~ ~ ~ ~ p:.~ ~ MADALYNNE GLESSNER ~ ~~-sa~~ ~D N Defendant(s) evil r-~ C'Z ~ ~ -r± NOTICE OF RESIDENTIAL MORTGAGE FORECL ACT an 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 b able to participate in acourt-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 conf ence. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2 39400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge you. Once you have been appointed a legal representative, you must promptly meet with that legal representative with n twenty (20) days of the appointment date. During that meeting, you must provide the leggy representative with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and you legal representative complete a financial worksheet in the format attached hereto, the legal representative will }repare d a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of e service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will ave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with our 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 eligibl for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a le al representative. However, you must provide your lawyer with all requested fmancial information so that a loan re lution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format att ched hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be fil d within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confer nce is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out re sonable 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 STEP REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Matth B wood, Esquire Attorney or Plaintiff i 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 det rmine possible options while working with your counseling agency. Please provide the following informatio to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the properly for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: _ _ _ i 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: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorc, c~ Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ezaenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueUre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Twit. Other Ex enses 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 y r delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluat ng my financial situation for possible mortgage options. 1/We understand that I/we am/are under no obligatio 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 (har ship letter) . 6. Listing agreement (if property is currently on the market) r7 C --i rT*l = t i✓ PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Tenn V. No. 2012-5233-CIVIL MADALYNNE GLESSNER 134 FRONT STREET ENOLA, PA 17025-3213 Cumberland County. Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On August 22, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due April 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On August 28, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Fore-closure, Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made pant hereof and marked as Exhibit B. 304014 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure.action is stayed.for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact Midpenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: .BY: lezb' ose 1 P chalk, Esquire Attor ey or Plaintiff 304014 Exhibit A � N N 47 a <© >� SCR PHELAN HALLINAN&SCHMIEG,LLP Matthew Brushwood,Esq.,Id.No.310592 �'Z �► 1617 JFK Boulevard,Suite 1400 � ao One Penn.Center Plaza ATTORNEY FOR RAI$01F ' Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff V. TERM MADALYNNE GLES SNER NO. t/! 134 FRONT STREET ENOLA,PA 17025-3213 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby Certi Within fY the �►���. ,�Ny �Orroct to �� irUe and Pt ase Return File#: 304014 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 fiu-ther 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 T.HE 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 WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES.TO ELIGIBLE PERSONS AT A REDUCED FEE OR.NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL ' CUMBERLAND COUN'T'Y BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (7(7)249-3166 (800)990-9108 File#; 304014 1: Plaintiff is WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MADALYNNE GLESSNER 134 FRONT STREET ENOLA, PA 17025-3213 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3.. On 07/12/2007 MADALYNNE GLESSNER made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE,LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 2000, Page 2182. By Assignment of Mortgage recorded 07/20/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 738, Page 3572.The mortgage and assigiunent(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 as a result of the mortgaged premises ceasing to be the principal residence of the Mortgagor and the mortgaged premises is not the principal. residence of at least one other borrower as more.fully set forth in paragraph 9(b) of said mortgage. 6. The following amounts are due on the mortgage: Principal $116,539.04 File#: 304014 Interest from 07/31/2007 to 08/14/2012 @ variable rate(s) $11,027.77 Pre-acceleration Late Charges $0.00 Hazard Insurance Disbursements $0.00 Tax Disbursements $0.00 Property Inspections/Preservation $515.00 PM1\MIP Insurance $3,718.07 Bankruptcy Fees/Costs $0.00 Other (service fees) $1,830.00 Escrow Balance Credit $0.00 Credits to Borrower $0.00 Total $133,629.88 Per diem interest in the amount of$4.42 will accrue on the principal from 08/14/2012 to the next interest rate change date and accrue thereafter in accordance with the variable rate as set forth in the Note. 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the suln of $133,629.88, 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. File fl: 304014 PHELAN F . ` T:NAN& SCHMIEG, LLP By:: W' tet I rush ncl, Esgiure ttarrae ,fia~i^l? to ff File N: 304014 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, bounded and described as follows, to wit:- BEGINNING at a point in the western line of Front Street at the southern line of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence southwardly along the western line of Front Street 32 feet and 4-3/4 inches to.a point; thence westwardly along land conveyed to Charles and Elizabeth Givler 139 feet to a point in the eastern line of an unnamed alley; thence nouthwardly along the eastern line of said unnamed alley 32 feet and 4-3/4 inches to a point in the southern line of Lot No. 16; thence eastwardly along the southern line of.Lot No. 16 139 feet to a point, the place of BEGINNING. BEING the northern part of Lot No. 15 on the Plan of the Town of West Fairview. PARCEL#45-17-1044-256 PROPERTY ADDRESS: 134 FRONT STREET, ENOLA, PA 17025-3213 PARCEL#45-17-1044-256. 0 F�1e11; 304014 VERIFICATION Amalia Nix,hereby states that he/she is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in.the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. IAb Amalia Nix DATE: August 15, 2012 Vice President Loan Do tirnentat"ton 032-PA-V3 PHS: 304014 IN THE COURT O'f COMMON PLEAS WELLS FAR.GO BANK.,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. MADALYNNE GLESSNER Defendants) _ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal.Services at(717)2439400 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 leg;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 pepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan solution proposal can be prepared on your behalf if you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Matth. & rwood,Esquire Attorney :or 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: CUSTOM Borrower name(s): Property Address: City: Stat6; Zip: Is the property for sale? Yes No Listing date Price:.$ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No El Mailing Address(.if different) City: State: Zip:' Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long?. CO-BORROWEIR Mailing Address: - City: State: Zip: Phone Numbers: Homed Office: Cell: Other: Email: #of people in household:• How long? INFORMATION FINANCIAL 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: s Primaiy Reason for Default.: j If yes,provide names, location of court, case nlTmber&attorney'. Assets .Amount Owed: Value: Home: $� $. Other Real Estate: $ $ Retirement Funds: $. $. Investments: Checking: $ $ Savings:. $, $ Other: $ . $ Automobile#1: Model; _ Year:__ Amount owed: Value: ;.. Automobile#2: Model: Year: Amount owed: .. Value: Other,transportation automobiles boats motorc cy les): Model: Year: Amount owed:,. Value .Monthly Income Name of Employers;': 1. .. Vt:oiili.ly'Gross Monthly Net 2. Monthly Gross lvfanthay Net 3: Monthly Gross_ Monthly Net Additional Income Description (not wages): 1.. ._ monthly amount: 2: monthly amount: Borrower Pay Da y s: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2Y'Mort gage Utilities Car Pa ment s Condo/Nci h.Fees.. Auto-Insurance Med.- not covered Auto fuel/re airs Other prop .ment Install.Loan Payment Cable TV Child Su ort/Alim. Spending,Money Da /Oidd Care /Tuit.. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a.Housing Counseling Agency? Yes ❑ No If yes,please provide the following information: Counseling Agency: __ _ Counselor:: Phone(Office)`:' Fax: . Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations;_ - Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name);- Contact: Phone: AUTIJORIZATION I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: I. 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) Exhibit B ' OFFICE SHERIFFS SH�RIFF.S' LANCASTER COUNTY, PENNSYLVANIA OFFICE 50 NORTH DUKE STREET, PO BOX 83480,LANCASTER,PA 17608-3480 TELEPHONE: 717-299200 LANCASTER COUNTY FAX: 717-295-3656 PA. Mark S.Reese,Sheriff In the Court of Common Pleas In C ___ County, PA. -Vs- MADAavNf-X CL96s,jze__ Docket * CAse *-2oiz-s233 Acceptance of Service -per rule procedure 402(b)- I accept service of the C'{v►L acn"- OwPw4r W Roar ",;7 �c,flsGnE- (Type of Document) (on behalf of RAoa►wNNE GLMef- (Defendant or Respondent) and certify that I am authorized to do so). 4•z�-iz 6 (Date) (Au razed t Signature) (Printe Name) A (Mailing Ad ess) Q A. JWLT (03/08) ( , State and Zip Co e) LANCASTER COUNTY ESTABLISHED 1729 SHERIFF'S OFFICE OF CUMBERLAND COUNTY � Ronny R Anderson oyuto of cumbrr� Sheriff b nb Jody S Smith Richard W Stewart Chief Deputy OMM of TK$NSR1rF Solicitor Wells Fargo Bank,N.A. Case Number VS. 2012-5233 Madalynne Glessner SERVICE COVER SHEET o Category: ICIVII Action-Complaint In Mortgage Foreclosure Zone: �� A Manner. IDeputize Expires: 1 09/2112012 Warrant. N C4 Notes: m a � LCSO Clerk: Yvette Turco 717 723-4519 O a " Name. [Mada tyn no Glessner Served: Personally• dult In Char Posted•Other O - 2 Primary 1315 Donegal Springs Road Adult In Address: Mount Joy,PA 17552 Charge:' It Phone. DOB: Rotation: Nom- Or- Afi W. Z Alternate Date: g.2Y,!Z Time: Address: a M Phone: Deputy: Mileage: O w x 8 Name: JKakhew G. Brushwood Pho 00 e� Phelan L an s nter to Date: N Time: Z t p pM Mileage: Z g Deputy. PAW R Sea,irTv:��F: kAAhA%jA)NC' Gkesstu6e- NOW keel tW.s u3 matte CAtt Qvt3vl6 4tm.e „J Z t"WCAa'C&,PA.s'5esdeJ AM AQWVZ or- M ftwV4 AW mc w joy btATtoa •PwAsCaEmF 41r►tudd a:$tawrr-" Fix AcceftA�J(-C OF SE2VkCr• �� at''`ry �.- I „- ..- - �-{� $ 2 V,, �S Now,August 23,20121,Sheriff of Cumberland County,Pennsylvania do hereby deputize the Sheriff of Lancaster County to ae W execute service of the documents herewith and make return thereof according to law. z Cr—ki ,'4 Return To: Lu Cumberland County Sheriff's Office is One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff cr, ;;:W'1'yalnl-J•4nP 'I'PklU':ptt ri• r • PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Term Plaintiff V. No. 2012-5233-CIVIL MADALYNNE GLESSNER 134 FRONT STREET Cumberland County ENOLA, PA 17025-3213 Defendant 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: MADALYNNE GLESSNER 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Date: -0 By: osep P chalk, Esquire Att or ey or Plaintiff 304014 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Term V. No. 2012-5233-CIVIL MADALYNNE GLESSNER 134 FRONT STREET Cumberland County ENOLA, PA 17025-3213 Defendant ORDER AND NOW,this �L day of �� - , 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. P41 J . ak,-al� 304014 j cc: Madalynne Glessner 'i 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 MADALYNNE GLESSNER 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 304014 I rl1.L 3 riL PRO MONO TA;,,, t PHELAN HALLINAN, LLP 2013 AUG 23 AN 10. 08 Attorney for Plaintiff Adam H.Davis, Esq., Id.No.203034 1617 JFK Boulevard, Suite 1400 CUMBEPLANO COUNTY One Penn Center Plaza P E N N S Y LVA N I A Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MADALYNNE GLESSNER No. 12-5233-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Serviceinembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MADALYNNE GLESSNER is over 18 years of age and has last known addresses at 134 FRONT STREET, ENOLA, PA 17025-3213 and C/O CINDY HOFFMAN, POA, at 1315 DONEGAL SPRINGS ROAD, MOUNT JOY, PA 17552-9031. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date C / J 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 797776 z ' Department of Defense Manpower Data Center Results as of:Aug-22-20'305:57:03 SCRA 3.0 41 1 f i Status . pact Pursuant to Sonricomembem Civil Relief Aot Last Name: GLESSNER First Name: MADALYNNE Middle Name: Active Duty Status As Of: Aug-22-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - -- _ No NA This response ret}ects the individuals'.active duty status based an the Aaive'Duty Status Date Left Active Duty Within 357 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 HislHer 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 brihisfier unit has received:eariy 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, � � 4��_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 R-1,ED-0FFFICE PHELAN HALLINAN, LLP OF THE 'PROXHOWAo"` 'Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 2013 AUG 27 Fib I' 03 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Allison.Zuckerman @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MADALYNNE GLESSNER CIVIL DIVISION No. 12-5233-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MADALYNNE GLESSNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $133,629.88 TOTAL $133,629.88 I hereby certify that(1) the Defendant's last known addresses are 134 FRONT STREET, ENOLA, PA 17025-3213 and C/O CINDY HOFFMAN, POA, at 1315 DONEGAL SPRINGS ROAD, MOUNT JOY, PA 17552-9031, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Allison F. Z­uckAan, Esq., Id. No.309519 Attorney for Plaintiff Q m4 l dal 9777 l/la ' �< DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH#797776 PROTHONOTARY 797776 PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Allison.Zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MADALYNNE GLESSNER No. 12-5233-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MADALYNNE GLESSNER is over 18 years of age and has last known addresses at 134 FRONT STREET, ENOLA, PA 17025-3213 and C/O CINDY HOFFMAN, POA, at 1315 DONEGAL SPRINGS ROAD, MOUNT JOY, PA 17552-9031. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date elan Ha . an Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 797776 Department of Defense Manpower Data Center Results as of:Aug-26401312:00:30 SCRA 3.0 : r Pursuant to Sendeeme bars Cirri/Rel:icf Act Last Name: GLESSNER First Name: MADALYNNE Middle Name: Active Duty Status As Of:Aug-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date - Active Duty End Date Status Service Component NA NA No,;'. NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Dale 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 HWHer 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 eaily 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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 1 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS V. Plaintiff CIVIL DIVISION MADALYNNE GLESSNER NO. 12-5233-CIVIL Defendant(s) CUMBERLAND COUNTY TO: MADALYNNE GLESSNER C/O CINDY HOFFMAN, 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AT'T'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE, (717)240-6195. CARLISLE,PA 17013 (717)249-3166 By:. Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan HalIinan,LLP 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#i 797776 9 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. ( MADALYNNE G.LESS.NER NO. 12-5233-CIVIL Defendant(s) CUMBERLAND COUNTY TO: MADALYNNE GLESSNER 5 RICHLAND LANE,APARTMENT T10 CAMP HILL,PA 17011 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY'ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 13y: Adam H.Davis,Esq.,Id.No203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 J.FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#797776 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION MADALYNNE GLESSNER NO. 12-5233-CIVIL Defendant(s) CUMBERLAND COUNTY TO: MADALYNNE GLESSNER 134 FRONT STREET ENOLA,PA 17025-321`3 f 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO .ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTOR.t�IEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING,A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES . TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of-the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Adam H.Davis,Esq.,Id.No.203034 Attorney for.Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penis Center Plaza Philadelphia,PA 19103 PH#797776 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MADALYNNE GLESSNER CIVIL DIVISION No. 12-5233-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 Hallman, LLP Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB R ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT DEBT, BUT ONL Y ENFOR CEMENT OF LIEN AGAINST PROPERTY.** .797776 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-5233-CIVIL MADALYNNE GLESSNER Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $133,629.88 » ' mcu Interest from 08/28/2013 to Date of Sale $2,175.03 ti ($2197 per diem) r 317 r - C) TOTAL $135,804.91 CD h nan,LLP Allison F.Zuckerman,Esq.,ld. No.309519 Attorney for Plaintiff Note: Please attach description of property. PH#797776 C) C� A P-.s 0/3�" a* CO. ao � 1 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff V. MADALYNNE GLESSNER Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) t : Filed: Address where papers may be served: MADALYNNE GLESSNER P�o n an,LLP C/O CINDY HOFFMAN,POA Allison F. Zuckerman,Esq.,Id.No.309519 1315 DONEGAL SPRINGS ROAD Attorney for Plaintiff MOUNT JOY,PA 17552-9031 N - i LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the East Pennsboro Twp.,Cumberland County, Pennsylvania,bounded and described as follows,to wit:- BEGINNING at a point in the western line of Front Street at the southern line of Lot No. 16 on the hereinafter mentioned Plan of Lots;thence southwardly along the western line of Front Street 32 feet and 4- 3/4 inches to a point;thence westwardly along land conveyed to Charles and Elizabeth Givler 139 feet to a point in the eastern line of an unnamed alley;thence northwardly along the eastern line of said unnamed alley 32 feet and 4-3/4 inches to a point in the southern line of Lot No. 16;thence eastwardly along the southern line of Lot No. 16139 feet to a point,the place of BEGINNING. BEING the northern part of Lot No. 15 on the Plan of the Town of West Fairview. TITLE TO SAID PREMISES IS VESTED IN Madalynne Glessner, an unremarried widow, by Deed from Madeline Glessner, correctly known as, Madalynne Glessner, an unremarried widow, dated 07/07/2007,recorded 07/20/2007 in Book 281, Page 249. PREMISES BEING: 134 FRONT STREET,ENOLA,PA 17025-3213 PARCEL NO. 1:45-17-1044-256 PARCEL NO.2:45-17-1044-256./02 1 .. PHELAN HALLINAN, LLP 1 Attorneys for Plaintiff Allison F. Zuckennan, Esq., 1d. No.309519 FfLLD-OFF"I 'L y . 1617 JFK Boulevard, Suite 1400 t F� THE PROTHOINOTAR' One Penn Center Plaza Z013 AUG 27 PM 1: 04 Philadelphia, PA 19103 Allison.Zuckennan @phelanhallinan.coin CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-5233-CIVIL MADALYNNE GLESSNER Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled { ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ela , Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. 2 3 AUG 27 PH 1. 04: NO.: 12-5233-CIVIL MADALYNNE GLESSNER CUMBERLAND COUNTY: Defendant(s) PENNSYLVANIA CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 134 FRONT STREET,ENOLA, PA 17025-3213. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MADALYNNE GLESSNER C/O CINDY HOFFMAN,POA 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MADALYNNE GLESSNER C/O CINDY HOFFMAN,POA 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SECRETARY OF HOUSING&URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON,DC 20410 SECRETARY OF HOUSING&URBAN 3800 MARKET STREET DEVELOPMENT CAMP HILL,PA 17011 C/O CHELSEA SETTLEMENT SERVICES SECRETARY OF HOUSING&URBAN 9021 MERIDAN WAY MAC M6964-012 DEVELOPMENT WEST CHESTER,OH 45069 CIO PNC MORTGAGE,LLC ATTN: BECKY BRAY SECRETARY OF HOUSING&URBAN 1000 BLUE GENTIAN ROAD DEVELOPMENT EAGAN,MN 55121 C/O WFHM FINAL DOCS X9999-01M PH # 797776 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 134 FRONT STREET ENOLA,PA 17025-3213 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE 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: By: P la allina , LP Al ison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 797776 t { n 1F �t THE PROTHONOTARY WELLS FARGO BANK,N.A. ` COURT OF COMMON PLEAS 2313 AUG"27 PM 1: 04 Plaintiff CIVIL DIVISION CUMBERLAND COUNTY , vs.PEt4NSYLVAN1A NO.: 12-5233-CIVIL MADALYNNE GLESSNER , Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MADALYNNE GLESSNER C/O CINDY HOFFMAN,POA 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 "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 134 FRONT STREET,ENOLA,PA 17025-3213 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$133,629.88 obtained by WELLS FARGO BANK,N.A. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE" To prevent this Sheriff s Sale, you must"take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may-need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21.5-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the East Pennsboro Twp.,Cumberland County, Pennsylvania,bounded and described as follows,to wit:- BEGINNING at a point in the western line of Front Street at the southern line of Lot No. 16 on the hereinafter mentioned Plan of Lots;thence southwardly along the western line of Front Street 32 feet and 4- 3/4 inches to a point;thence westwardly along land conveyed to Charles And Elizabeth Givier 139 feet to a point in the eastern line of an unnamed alley;thence northwardly along the eastern line of said unnamed alley 32 feet and 4-3/4 inches to a point in the southern line of Lot No. 16;thence eastwardly along the southern line of Lot No. 16 139 feet to a point,the place of BEGINNING. BEING the northern part of Lot No. 1.5 on the Plan of the Town of West Fairview, TITLE TO SAID PREMISES IS VESTED IN Madalynne Glessner, an unremarried widow, by Deed from Madeline Glessner, correctly known as,Madalynne Glessner, an unremarried widow, dated 07/07/2007,recorded 07/20/2007 in Book 281, Page 249. PREMISES BEING: 134 FRONT STREET,ENOLA,PA 17025-3213 PARCEL NO. 1:45-17-1044-256 PARCEL NO.2: 45-17-1044-256./02 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5233-CIVIL WELLS FARGO BANK,N.A. V. MADALYNNE GLESSNER owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 134 FRONT STREET ENOLA PA 17025-3213 Parcel No._1: 45-17-1044-256 Parcel No. 2: 45-17-1044-256./02 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $133,629.88 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 201.2-5233 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.Plaintiff(s) From MADALYNNE GLESSNER (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 GARNISHEES)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:$133,629.88 L.L.: $.50 Interest FROM 8/28/2013 TO DATE OF SALE($21.97 PER DIEM)-$2,175.03 Atty's Comm: Due Prothy: $2.25 Atty Paid:$248.75 Other Costs: Plaintiff Paid: Date: August 27,2013 ! ' _ David D.Buell,Prothonot ary (Seal) By. Deputy REQUESTING PARTY: Name: ALLISON F. ZUCKERMAN,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.309519 i.E7"i .y ;(il.� � l3v'ltV174f`,t Phelan Hallinan, LLP 2c; 6 ""�" t.txt3C�! 1 6 f;;� 10° 1 2 Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 s 0M BERLANL COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff Civil Division v. • CUMBERLAND County • MADALYNNE GLESSNER • No.: 12-5233-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 22, 2012. 2. Judgment was entered on August 27, 2013 in the amount of$133,629.88. 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. 797776 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $116,731.88 Interest Through September 18, 2013 $12,749.42 Legal fees $1,550.00 Cost of Suit and Title $823.57 Property Inspections $195.00 Appraisal/Brokers Price Opinion $350.00 Mortgage Insurance Premium/Private Mortgage Insurance $4,460.91 Servicer Fees $2,220.00 Escrow Deficit $5,441.01 TOTAL $144,521.79 6. The mortgage underlying this action is a reverse mortgage in which the lender continues to make advances,which results in the principal balance increasing over the life of the loan. A true and correct copy of the Mortgage is attached hereto,made part hereof, and marked as Exhibit`B". 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 797776 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"C'. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12,2013 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 0 f By:�s�/3 : y J ''. Kobe- ,Esquire A /'ORNE ' FOR PLAINTIFF 797776 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • MADALYNNE GLESSNER • No.: 12-5233-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MADALYNNE GLESSNER 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 134 FRONT STREET, ENOLA, PA 17025-3213. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 797776 • outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 797776 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 797776 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. VI. ATTORNEY'S FEES 797776 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE 797776 Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 797776 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. Since the terms of the mortgage provide that such expenses by the mortgage company become 797776 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: /d/b6 / By: i Justin '( obeski,Esquire A • ey for Plaintiff 797776 Exhibit "A" 797776 PHELAN HALLINAN, LLP Attorney for Plaintiff a Allison F. Zuckerman, Esq.,Id.No.309519 1617 JFK Boulevard, Suite 1400 t*} One Penn Center Plaza Nr� -- Philadelphia,PA 19103 -tz :156 Allison.Zuckerman@phelanhallinan.com tCJ -v -`'n 215-563-7000 zoo nc, WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY ' a rt a ' vs. : COURT OF COMMON PLEAS MADALYNNE GLESSNER : CIVIL DIVISION : No. 12-5233- 1iV[).l'1L PLEASER ANPV PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAl 4.1 S „ it. UPV TO THE PROTHONOTARY: rr�� ��R�N Kindly enter judgment in favor of the Plaintiff and against MADALYNNE GLESSNER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: f r�a► ''' r1C P:1`.�,';:_'._.7- COPY As set forth in Complaint $153; 2 k* TOTAL $133,629.88 I hereby certify that(1 ' - - • - - , - --- WO*- t►wczrr■ . .�. -13T5 bONEGAL SPRINGS ROAD,MOUNT JOY,PA 17552-9031, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date qvop 0111-b Allison F.Zuc an, Esq., Id. No.309519 Attorney for Plaintiff 797776 ci.;x ,nnazi'U.M:3•0u3,*- •44, :. SOW. 4520014,4 -•••=4.4-..‘• 111..We= +Zr .iNuttr3...._.- Exhibit "B" 797776 tk<C' This Document Prepared By: BECKY BRAY ROBERT P. Z1EG-LER PNC MORTGAGE, LLC RECORDER, OF DEED tf� �4� 9021 MERIDAN WAY, �inG 4641,; =QZ2 COU4TY_F WEST CHESTER, OH lira 00,o tin 1 Q� 10 51 When Recorded Mail To: WFBM FINAL DOCS X999 - M Chelsea�t Service. 1000 BL $5121lclQ �eBAD 3006 Street , MN 55121 Camp :_ PA17011 Parcel No: —r0yy- (Space Above This Line For R ordin D _ Commonwealth of Pennsylvania FHA Case No ADJUSTABLE RATE HOME EQUITY CONVERSION MORTGAGE THIS MORTGAGE ("Security Instrument") is given on 07/12/07 . The mortgagor is MADALYNNE GLIMMER, A SINGLE PERSON whose address is 134 FRONT ST, WEST FAIRVIEW, PA 17025 ("Borrower"). This Security Instrument is given to PNC MORTGAGE, LLC which is organized and existing under the laws of THE STATE OF DELAWARE and whose address is P.O. BOX 11701 NEWARK, NJ 071014701 ("Lender"). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a rate subject to adjustment, and all renewals, extensions and modifications of the Note, up to a maximum principal amount of TWO HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED AND 00/100 (U.S. $ 229500.00 ); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CWdBERLAND County, Pennsylvania: 11111111(QMPA)Rev 8/2/2005 32XC:02/02 Page 1 t2000PG2182 __...._. i....♦4s']nn70)AOR7_Done 1 of • • see attached which has the address of 134 FRONT ST IStreetl MIST PAIRVIEiW, PA 17025 [City,State,Zip! ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note. 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now In existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender instead of to Borrower and to Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be 00XA :02/02 Page 2 412000PG2 07/11/2012 10:15.39 AM CUMBERLAND COUNTY Inst.#200725253-Page 2 of 9 • lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser, 4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the execution of this Security instrument, and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto. 03XA :02/02 Page 3 2OOOPG2I84 07/11/2012 10:16:39 AM CUMBERLAND COUNTY Inst.#200725253-Page 3 of 9 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds fortAcc eredon of Debt. (a) ue and aya ender may require immediate payment in full of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Secretary, if: (ii The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii} An obligation of the Borrower under this Security Instrument is not performed. (c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in this Paragraph (a) (ii) or (b) occur. (d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 (a) (ii) or (b). Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed in lieu of foreclosure. (e)Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9. (f) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within SIXTY DAYS from the date hereof, if permitted by applicable law Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to SIXTY DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such Ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure 04XA :02/02 Page 4 B2000PG2185 T 07/11/2012 10:16:39 AM CUMBERLAND COUNTY Inst.#200725253-Page 4 of 9 proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. Lien St btuus. (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. if state law does not permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationship to Second Security instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the Property. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt finder the Note unless: (i) This Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. 05XA:02/02 Page 5 B2000PG2186 07/11/2012 10:16:39 AM CUMBERLAND COUNTY lost.#200725253-Page 5 of 9 • • WI No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security instrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure. if Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. 73XC:02/02 Page 6 112000PG2 1 07/11/2012 10:16:39 AM CUMBERLAND COUNTY Instil 200725253-Page 6 of 9 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priorty of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of 5.990 % which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board in Statistical Release H.15 (519) ("Index") plus a margin. If the Index is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new Index. Lender will perform the calculations described below to determine the new adjusts terest rate. The interest rate may ch�nge on the first day of OCTOiiiiCR 2007 , and on that day of each succeeding year lJ the first day of each succeeding month ("Change Date") until the loan is repaid in full. The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate"). {_J (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or lowean the Initial Interest Rate. R (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above FIPTaDt VW 990/1000 percent ( 15.990 %). The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) and will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 24. Waivers. Borrower to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Paragraph 11 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 28. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advances of interest, MIP, Servicing Fees, and other charges shall be obligatory. 34XC:02102 Page 7 120 QOPG2188 ---. ..._ ...- .. i"ter -,n177F751-Pane 7 of 9 • 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).1 EdCondominium Rider ❑ Shared Appreciation Rider 0 Planned Unit Development Rider Other (Specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. A141/i+XP /V (Seal) (Seal) -Borrower -Borrower 24ADALYZENB W,BSSNSR (Seal) (Swill -Borrower -Borrower [Space Below This Line For Lender and Recorder] COMMONWEALTH OF C"Mta k.a COUNTY SS: On this, the 1 a-- day of -2-4497, before me 1t4/24t,. c... Q 19tL14 , the un ersig ad officer, personally appeared f)/4• X41-I/Nn L S'SN1 fZ known to me (or satisfactorily proven) to be the person whose name .jj subscribed to the within instrument, and acknowledged that TA'eJ executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � COMMONWgALTH OF PENNSYLVANIA Naftrisillasl 1 K a n e L Burch,Natoli Public fi ` ✓ \ rY o Seim Nov.224 Title of Officer Aeeods&xr of Wades I hereby certify that the correct address of the mortgagee is / / WSJ By: ii;- -,'14_ "-) Name: Title: 35XC :05/97 Page 8 fit2000PG 2189 07/11/2012 10:16:39 AM CUMBERLAND COUNTY lnst.#200725253-Page 8 of 9 • Stewart Title Guaranty Company Commitment Number: 2007060013' SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: &•,s� t nr.sloOr4 -CtuP • ALL that certain piece or parcel of land situate in the , Cumberland County, Pennsylvania, bounded and described as follows,to wit:- BEGINNING at a point in the western line of Front Street at the southern line of Lot No. 16 on the hereinafter mentioned Plan of Lots;thence southwardly along the western line of Front Street 32 feet and 4-3/4 inches to a point;thence westwardly along land conveyed to Charles and Elizabeth Givler 139 feet to a point in the eastern line of an unnamed alley;thence northwardly along the eastern line of said unnamed alley 32 feet and 4-3/4 inches to a point in the southern line of Lot No, 16;thence eastwardly along the southern line of Lot No. 16 139 feet to a point, the place of BEGINNING. BEING the northern part of Lot No. 15 on the Plan of the Town of West Fairview. PARCEL#45-17-1044-256 ,, ti...;unty PA D_ oc& ALTA Commitment Schedule C (2007060013.PFO/200 706 00 1 3/29) 2000 G f 30 T I 1 07/11/2012 10:16:39 AM CUMBERLAND COUNTY tnst.#200725253-Page 9 of 9 Exhibit "C" 797776 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 October 2nd,2013 MADALYNNE GLESSNER 134 FRONT STREET ENOLA, PA 17025-3213 RE: WELLS FARGO BANK,N.A. v. MADALYNNE GLESSNER Premises Address: 134 FRONT STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-5233-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 10/9/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very tr ly yot , Justii '0 eski,Esq., Id.No.200392 Atto, ey for Plaintiff Enclosure 797776 ■ • d ' Name and Phelan Hallinan,L1.P go ° Address 1617 JFK Boulevard,Suite 1400 ' Ill N a Of Sender One Penn Center Plaza RI 1 p • Philadelphia,PA 19103 KVM Line Article Number Nome of Addressee,Street,sod Post Officl Address . Postage 1 **** MADALYNNE GLESSNER SO.15 r o m 134 FRONT STREET S , M ENOLA,PA 11025-3213 __ r2 2 **•* MADALYNNECLESSNER $0.45 > r.r o 5RCHNLANE � APARTMENT l ,K • ,,,, CAMP HILL,PA 17011 :r;�`. > lli 3 ***• MADALYNNE GLESSN ER 50.45 C/O CINDY HOFFMAN ` _ • {' ; °i 1315 DONEGAL S?RINGS ROAD l MOUNT"JOY,PA 17552«9(131 ✓ RE;MADALYNNE GLESSNER(CUA'IR#RLAND) PR#"797776/1200 Page t of 1 $1.35 �;,', /Z; r�, Total of Toad Number of Plec, Pmubaser,Par(Nom Or The(WI de tin of val* Is«q�ed an al deashuc sad incmuwaat eegiasced mail.The '-% =0A/` Mattilulsd by Studer Ituaved al PotOificc "Aoahi!t. rttl tot*a raWgetvetion NamssttdiMle enasrtmu ow/se E etas Mall dylassaae f absubet,o ■ - - . (ae''4 wAD°R lns limit ot$500,OOOpow omraeace.Them mmm,m indemnity payable mm rrza+.wi mat.run.,ndm, .1be maim=indemnity?er sisf2l,Ctl3&ssxgiMe.ee maJ.sent uah xniacat inmrance,Sea Doamaric N.,'Mamd 8903$513 and 5921 rd 6bbtabbab ofcawap. . Form 3877 Facsimile , • i , 79777'6 a Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • MADALYNNE GLESSNER • No.: 12-5233-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA, PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Phelan Hallinan, LLP DATE: / d i/6 //3 By: JustinOnobeski,Esquire ATT 4 ' EY FOR PLAINTIFF 797776 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County MADALYNNE GLESSNER • • No.: 12-5233-CIVIL Defendant RULE AND NOW, this I7' day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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. rnCt? tin -- Fri c Ci) e • r—r° 797776 stin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 A IIADALYNNE GLESSNER /Pv1ADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA,PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 IV4ADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Ca?1'PS /12 t CccC. 797776 /CA Oa 1 Yr) 797776 ►-r K ; 2813 OCT 24 AN 9: 5j CUMBERLAND CO t1 @Y p 'NS YL�'ANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. Civil Division MADALYNNE GLESSNER CUMBERLAND County Defendant No.: 12-5233-CIVIL CERTIFICATION OF SERVICE I*hefeby certify that a true and correct copy of the Court's October 18, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHL.AND LANE ENOLA, PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Phel DATE: By Ji sti . Kobeski,Esq.,.Id.No.200392 Att ey for Plaintiff 797776 . r r y PS y i:1:1—A71'404:01110:PHELAN HALLINAN,LLP Attorne for Plainti Adam H. Davis,Esq.,Id.No.203034 O B d T13'. � 1617 JFK Boulevard,Suite 1400 �f � One Penn Center Plaza YL � I�1 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. CUMBERLAND COUNTY Plaintiff, . COURT OF COMMON PLEAS v. CIVIL DIVISION MADALYNNE GLESSNER Defendant(s) No.: 12-5233-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". dt0/4‘.`'761./7 Adam H.Davis,Esq.,Id.No.203034 Date: l/ / 7/�� Attorney for Plaintiff 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#797776 '',"'. Ill eSitC)ry Name and Phelan Hallinan.LLP -. r Address 1517 JFK Boulevard.Suite 1400 C Of Sender Mil. One Penn Center Plaza , e% 7?} t Philadelphia„PA;9103 AZK/CET-12104/2$13 SALE iti 11 1 bra- Line Article Number Name of Addrassea,Seri$,and Post Offles Address Postage 1 ems* TENANCIOCCUPANT S0.4$ n i •534 FRONTSTREBT a tt 'i-:- ■ ENOLA,.PA t701S 1213 Th 1 4/a• Csmnbonw ilt of Pennsylvania Berns of ladh1dual Taxes teha hasex lax Wain n S0A3 N is c 60§Hootb,Strawberry Sq. a• . D 2e960l ._ tlinlsburar PA 15118 4 3 wee 15,paflmaat at PabOn WsRaee;TPL Casualty Unit,EaW.A•eowry Program 50.43 .R P.O.Box 11486 �.� WRlew Oat Bdidta8 • Y Ig,PA 17165 1 3 4 SECRETARY OF ROUSING&URBAN DEVELOPMENT MAI 451 SEVENTH STREET SOUTHWEST WAS111NGTON1 DC 2•14 s 4 ■ q SECRETARY Or HOUSING&URBAN nammorsagmr CO CHELSEA SETILE:10NT SERVICES OAS MOO MArnCET STREET • CAMPHft1..PA 17011 6 sea SECRETARY OF HOUSING&URBAN DEVELOPMENT CIO PNC MORTGAGE.LLC ATIN:BECKY BRAY $041 9F21 MERIDAN WAY.MAC 116964412 • WEST 1.1IFSTEA,OH 45069 .. 7 **es :SECRETARY OF ROUSING*URBAN BEVELOPMENT CIO W IWI FINAL DOC S X9999414 SRO 1166 BLUE GENFYAN ROAD • EAGAN,MN 0111 . B awn Domestic Madan of OAS Cumberland Coady a 13 North tinnever Sheet Carble,PA 15013 9 wee Commonwealth of Pessusdrarta . . . •SW D eparmlets of Welfare a t P.O.Box 2675 Manleburs,PA tfl88 10 eae4 Noosed Rwanda Service Advisory ;$0.48 11000 Liberty Avenue Room 716 +t 11 •••• US.Department of andee . WAS OS.Atmraey tor dm Middle IRMO*IPA Federal Bu5dIeg -- - .. .° 128 Wabna SOW.,Sulte 130 . PO Sox 11^S4 : �'413 *aarisbara.PA 141884731 RE:MADAL .._ ., _4_.. , _ . : .t''''''''''''. $4:911 ... Taal Mother of Tout Magma of Piece Poanvaet,Per(None of TM OM declaraoco i d woe it rgstt 4 re as awmmx ma ettmatmnd rtystoodmen.The ne'ee m iWJeerw ly payable Playas Limed by S,,.d. kaaaned et Pea olr RepavingLloployw) forth*wwesauclioeafabeagpiahL diwanamc wrier Pm..Mail deruwwee.'wwrouvalu Lewwoce!e¢eb.COOear pies.Subject m a fait 41300,080 peraccunema.The=aim=bdemnuy wmbte ea Espraax Me;;mecetarala is 3590. • - The=Malta bodemeitypayabbis 323000 for eeiietered Mork soft wib e 4inmate.See Doors Mail Manes' ' _ _095019151M 3921 be tomaitoom ercoverage. Form 3877 Facsimile .';.j bNa r'•.,, 2 t 3 °ui'e' I 3 AM I 3: U9 CUMBERLAND COUNTY Y PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff • • Civil Division • vs. • CUMBERLAND County MADALYNNE GLESSNER • No.: 12-5233-CIVIL • Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 797776 3. A Rule was issued on October 18, 2013 directing the Defendant to show cause by November 7, 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 23, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 7, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 11'12113 By: John D. ohn, Esq., Id.No.312244 Attorney for Plaintiff 797776 Exhibit "A" 797776 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 October 2nd,2013 MADALYNNE GLESSNER 134 FRONT STREET ENOLA,PA 17025-3213 RE: WELLS FARGO BANK,N.A. v. MADALYNNE GLESSNER Premises Address: 134 FRONT STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-5233-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 101/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very tr ly yo I, Juste .. 0+eski Esq.,Id.No.200392 Atto r ey for Plaintiff Enclosure 797776 Name and Phelan Hallman,LLP Address 1617 JFK Boulevard,;Suite 1900 Ill Of Sender One Penn Center Plaza 0 C‘i n Philadelphia,PA 19103 KVM n Jul 0 i Line Article Number Name of Addreasee,.Street,and Post Offiee Address Postage w I av I """ MADALYNNE CL SSNER 50;45 V ' _ 134 FRONT STREET jr ENOLA,PA 11025-3213 2 **** �MADALYNNEGLIMRNER �G7 50.45 Nvc 5RICHLAND LANE APARTMENT TI0 e CAMP HILL,PA 17011 .'l'.:" l„t! 3 e`•" MADALYNNE GLESSNER i 50.45 =-'7' 1 C/O CINDY FOFFMAN t 2.--b '1 1315 DONEGAL SPRINGS ROM . k3 MOUNT JOY,PA 17552-9031 1,_ I RE:MADALYNNE GLESSNER(CUMBERLAND) PH#797776/1200 Page 1 or 81.35 }Z' },\ TOWN. of Total Humber of Ptecn Paumma.Per(Hrne of TAe full Cedars**wake.6 required m>�dmueldt sad M oralteg eradmait The A —clh.ice. Pima tiN.d by Srndn Recnved n Poet CMrxe ha44s F , ?4 mokm,r) for the I MMnOstial Of doamemtt iMdat elittai Mail document SeeWaRhiM pine 3,410.1 qa biMit off301.000 Prr'ecatrxewte.The nsa*umemiedemtalyinysbk on f.pm rrvi.ecrcnuraoe n>t, Ths nwarr to indemnity Wr9b94 is$23,000 far tripemd mail,sew wnh orconsl Cwrance S.boma ni,Mal]Hanes) t ' R990 5913 $921 for limitations ofeaxnpe, Pots)38'77 Facsimile ' i 797776 Exhibit "B" 797776 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County MADALYNNE GLESSNER • No.: 12-5233-CIVIL Defendant RULE AND NOW, this 174 day of OrrirLti. 2013,a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. n 'a t.:.) cn 797776 Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICI-ILAND LANE ENOLA,PA 17025-3213 APARTMENT T10 CAMP HILL,PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 797776 797776 • • Exhibit "C" i rF.. Fi'ke {HONG i;F,°. 2I3 OCT 2 M : 53 rUMBERL \NU COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • vs. Civil Division MADALYNNE GLESSNER CUMBERLAND County ' Defendant • No.: 12-5233-CIVI • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18,2013 Rule • directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below, MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA,PA 17025-3213 APARTMENT T10 CAMP HILL,PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 DATE._.__.. 017 5 By: �.. Jtltt bcski,Esq.,.Id. No.200392 Att ey for Plaintiff 797776 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas • Plaintiff Civil Division • vs. • CUMBERLAND County MADALYNNE GLESSNER • • No.: 12-5233-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA, PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Phelan Hallinan, LLP DATE: 040 By: John D. Kr , Esq., Id. No.312244 Attorney for Plaintiff 797776 ' y AFFIDAVIT OF SERVICE(FNMA) �. PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#797776 DEFENDANT SERVICE TEAM/lxh MADALYNNE GLESSNER COURT NO.:12-5233-CIVIL SERVE MADALYNNE GLESSNER AT: TYPE OF ACTION 5 RICHLAND LANE XX Notice of Sheriffs Sale APARTMENT T10 SALE DATE: December 4,2013 CAMP HILL,PA 17011 SERVED Served and mad known to MADALYNNE GLESSNER,Defendant on the I day of0 - - Q oclock at K RtnT T1 0,in the manner described below: _Defendant personally served. C-5. ; Adult family memb with whom efendant(s)reside(s). CD Relationship is �.GEX Sly) _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. i' an officer of said Defendant's company. Other: Description: Age lGt Height Weight�Race IAJ Sex 1- ` Other 1, #r"Z k*- C ,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: to NAME: S PRINTED NAME: 'i"� Pans lza i TITLE: p C s seyArqx- NOT SERVED On the da of 20_,at o'clock_M.,I, a competent adult hereby state that a endyutt 1�Tc MUIM because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 7FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • L&' .)) tUi ' 15 21 L ND COUNTY PENNSYLVANIA I, Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County MADALYNNE GLESSNER • • No.: 12-5233-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 797776 3. A Rule was issued on October 18, 2013 directing the Defendant to show cause by November 7, 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 23, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 7, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 041//-3 By: John D. ohn, Esq., Id.No.312244 Attorney for Plaintiff 797776 • Exhibit "A" 797776 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 October 2nd,2013 MADALYNNE GLESSNER 134 FRONT STREET ENOLA,PA 17025-3213 RE: WELLS FARGO BANK,N.A. v. MADALYNNE GLESSNER Premises Address: 134 FRONT STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-5233-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 101/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very tr ly yot Justu '. o eski,Esq., Id.No.200392 Atto r:ey for Plaintiff Enclosure 797776 O m Name and Phelan l taIiinnn,LLP •Address 1617 1F1(Boulevard,Suite 1400 Ill N a Of Sender One Penn Center Place O Philadelehia,PA 19103 KVM �� O en 8 , Line Article Number Name.of Addressee,Street,and Post Office Address Postage F-',_ I ***A MADALYNNEGLESSNER $1L45 a 134 FRONT;STREET o c M ENOLA,PA 17025,3213 �J ` F-oa , 2 **** MADALYNNE GLESSNER 50.45 Cr c 5 RICHLAND LANE r'e APARTMENT 170 +�`'°"4 n ��"h'r CAMP HILL,PA 17011 • c�" irrt 3 **r* MADALYNNE CLESSNER 50.45 im kr`•'• • C/O CINDY HOFFr 1AIV 1 ' , 'Y t le, 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552.9031 f_';' ' RE:MADALYNNE GLESSNER(CUMBERLAND) PR:#.797776/1200 Page 1 of 1 51,35 ;, /1.1', LIB✓, Tute Nesibcr of - Tool Number etPteent Ptu4+n+a,Par(Nacos oP. Tee full decimation of vaLw h mantel on ag damesoc and unenatmnal MA The .`'7 , h Ptece Luce by St-mkt 1 a«e.Kaat Pol Office Raedvtnf Employee) fuerteerd;sele dnannentt under EareuEttlT daraeat reconstruct, pmea wnSrst tea Sr d n($500,000 perne urre ee The summon Sultuner y multi.nn Ensvt,M>n mercaumvn u yN,_ The nanraa m iuimivry psy*b a is S25,000 rot rapatersd mad,sea with opti al irmisasa Se.Doa K M. Manual , RS01S9t3 andSc2 I ter L®ittioacefmYpyse. Form 3877 Facsimile . , 7 I 797776 • • Exhibit "B" 797776 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division v, CUMBERLAND County MADALYNNE GLESSNER No.: 12-5233-CIVIL Defendant RULE AND NOW,this /741-■ day of Ot-riescl t. 2013,a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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 y o ,„„ . .1-- ri i 12: c: 797776 Justin F.Kobeski,Esq.,Id,No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICI-ILAND LANE ENOLA,PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 797776 797776 6 :Teo epOrpT,OernOrrreITOE,TrT ,'Wre',FeTo,or eTireeTeT,OT(TIPPISTITOT•OTTATTerreeTT,TeT,rTT ere TOOT.Te, TOTTreeTT reTee ere' re 74-4,4.6464 6 • • °.J.1 J'a"a it,i. 1''< THONOT W, 2c13 OCT 214 A : 53 r!M ERLANO COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza tot Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ,0001trixotott WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. Civil Division MADALYNNE GLESSNER CUMBERLAND County • Defendant • No.: 12-5233-CIVIC . CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below, MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA,PA 17025-3213 APARTMENT T10 CAMP HILL,PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY,PA 17552-9031 DATE O 3 By AW J sti' +bcski,Esq.,.Id.No.200392 Any cy for Plaintiff 797776 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.lcrohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff . vs. • Civil Division • MADALYNNE GLESSNER • CUMBERLAND County • Defendant • No.: 12-5233-CIVIL • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. MADALYNNE GLESSNER MADALYNNE GLESSNER 134 FRONT STREET 5 RICHLAND LANE ENOLA, PA 17025-3213 APARTMENT T10 CAMP HILL, PA 17011 MADALYNNE GLESSNER C/O CINDY HOFFMAN 1315 DONEGAL SPRINGS ROAD MOUNT JOY, PA 17552-9031 Phelan Hallinan, LLP DATE: 1111411 I3 By: John D. ohn, Esq., Id.No. 12244 Attorney for Plaintiff 797776 `f^ THE fltl � TilUN ilR' 2313 NOV 15 PM 2: 26 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County MADALYNNE GLESSNER No.: 12-5233-CIVIL Defendant : ORDER AND NOW, this 15 � day of V6 0-i'v , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,731.88 Interest Through September 18, 2013 $12,749.42 Legal fees $1,550.00 Cost of Suit and Title $823.57 Property Inspections $195.00 Appraisal/Brokers Price Opinion $350.00 Mortgage Insurance Premium/Private Mortgage Insurance $4,460.91 Servicer Fees $2,220.00 Escrow Deficit $5,441.01 TOTAL $144,521.79 797776 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E COURT- .. 7 J. 797776 • J � 13 f'Jyd 20 AM 9: 46 IN THE COURT OF COMMON PLEAS CU PNtd5YLq�!( CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County MADALYNNE GLESSNER No.: 12-5233-CIVIL Defendant ORDER AND NOW, this day of Na►kv4— , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,731.88 Interest Through September 18, 2013 $12,749.42 Legal fees $1,550.00 Cost of Suit and Title $823.57 Property Inspections $195.00 Appraisal/Brokers Price Opinion $350.00 Mortgage Insurance Premium/Private Mortgage Insurance $4,460.91 Servicer Fees $2,220.00 Escrow Deficit $5,441.01 TOTAL $144,521.79 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 HE CO T:/ pQ � ,J. ��.J r J. M . 797776