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HomeMy WebLinkAbout12-5829 ~.- she f't~flTi~ONCT~f~~, ~J11 SEP ,~~ Q#! 10: ~ g C~~~f~LANO C~~NTY ~'~~NSYt~y,~N1A IN THE COURT (}~ CQMA(}N PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGOB , N.A. 3476 STATEVIEIW $OULEVARD CIVIL DIVISION FORT MILL, SC X12 715 p f Plaintiff, NO.: ~ a - 'j ~ ~ I ~'UI t vs. KRISTA L. ST~~I~..LAND KEVIN M. S ISLAND 621 CREEK ROt~ID, CARLISLE, PA ~ 7~ 13-9646 ~' Defendants. And now c~o~es WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallman & Schmieg, LLP and files this ~o~nplaint in Mortgage Foreclosure as follows: 1. Thle ~laintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MII.L, SC 29715 (hereinafter "plaintiff'). 2. The defendants, KRISTA L. STRICKLAND and KEVIN M. STRICKLAND, are individuals whose ~as~ known address are 621 CREEK ROAD, CARLISLE, PA 17013-9646. 3. Om c~r about September 14, 2010, KRISTA L. STRICKLAND and KEVIN M. STRICKLAND m~d~, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal nt of $173,402.00 on the premises hereinafter described, with said Mortgage being recorded in tlhelOffice of the Recorder of CUMBERLAND County in Instrument No. 201370. o62-PA-v2 ct~'-~ t a so 8'~ ~~ ~80~~ The Mortgage is a utter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1419(g), w~ich rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documentsi of public record. 4. Plain iff is the current holder of the Mortgage. 5. KI~IS~TA L. STRICKLAND and KEVIN M. STRICKLAND are record and real owners of the aforesaid mc}rt~-ged premises. 6. Ddfe~dants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly in~Ialhnents of principal and interest due August 1, 2011. 7. On duly 10, 2012, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in com~li~nce with Act 6 of 1974, 41 P.S. § 101, et seq.. Notice of Intention to Foreclosure pursuant to Act 6 of 11974 is not required because the mortgage premises is vacant and abandoned. 8. A~ o~ September 3, 2012, the amount due and owing Plaintiff by Defendants is as follows: Princ~pal Balance $171,450.74 Intler~st $9,797.08 07X01/2011 through 09/03/2012 Late ~'harges $504.68 Prgp~rty Inspections $130.00 Prbp~rty Preservation $422.00 Es~rdw Deficit $4,185.79 '~' TAL 5186,490.29 plus interest and alll other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reaso~ma ty incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaititi s attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned a¢ti n to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above a#na~unt due and owing when incurred. 9. This ~s an in rem action only against the aforesaid mortgaged premises. Plaintiff is not 062-PA-V2 seeking a judgment ~f personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Dote in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFb ,Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $186,490.29, ith interest thereon plus additional costs (including additional escrow advances), additional attorney' ~ees and costs and for foreclosure and sale of the mortgaged premises. By: Date: ~ t i ~~~/ wood, Esquire Attorney or Plaintiff 062-PA-V2 NOTICE You have begin sued in Court. If you wish to defend against the claims set forth in the following pages, yob' must take action within twenty (20) days after this Complaint and Notice are served by ent~ri~g a written appearance personally or by attorney and filing in writing with the Court your deife~ses 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 withpu~ fiurther 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 SH4t)LD 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 C~I~ PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU TO PROVIDE LEGAL AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER ~ 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 Fik #: 293357 LEGAL DESCRIPTION All that certain track of land situate in North Middleton Township, Cumberland County, Pennsylvania, bonn~led and described in accordance with the Final Plan for Arthur R. Klingler Estate recorded Step ember 11, 1974, in the Office of the Recorder of Deeds in and for Cumberland Cou#r<t~, Pennsylvania, in Plan Book 25, Page 93, as follows, to wit. Beginning at an i#or~ pin set on the southern line of the dedicated right of way of Creek Road (Township Road 491) at the point of intersection of same with the western line of'60 feet wide Right-of--Way for Ctrl W. Lehman' as designated on the aforementioned Plan; thence by said 60 feet wide Right-off day for Carl W. Lehman South 29 degrees 00 minutes East, a distance of 212.07 feet to an ~rdn pin set on the northern line of lands now or formerly of Carl W. Lehman;. thence by same ahd passing through an iron pin set on the southmost point of the common boundary between Dots No. 8 and 9 said Plan, South 70 degrees 52 minutes 20 seconds West, a distance of 276.1$ ~t to an iron pin set on the southeastern corner of Lot No. 7 on said Plan; thence by said Lod I~lo. 7, North 20 degrees 16 minutes 40 seconds West, a distance of 197.39 feet to an iron pin s~t at the point of intersection of the southern line of the dedicated right of way of said Creek Road ~ith the northeastern corner of said Lot No. 7; thence by said line of said dedicated right oi~w~y, North 65 degrees 50 minutes 20 seconds East, a distance of 42.37 feet to an iron pin set; thien~e continuing by same and passing through an iron pin set on the northernmost port ~f the common boundary between Lots No. 8 and 9 on said Pian, North 68 degrees 38 minutes ~p seconds East, a distance of 201.72 feet to an iron pin set, the point and place of Beginninig. File #: 293357 Being all of Lots Nds. 8 and 9 as designated on the aforementioned Flan, containing a total gross area of 53,114 square feet, more or less, Assessor's Farcel Number: 29-06-0021-159 PROPERTY ABBESS: 621 CREEK ROAD, CARLISLE, PA 17013-%4~6 PARCEL # 29-21-159 File #: 293357 VERIFICATION Linda Duncan, hereby states that he~ is Vice President Loan Documentation of WELLS FAR'Cr~ BANK, N.A., plaintiff in this matter, that h sh is authorized to make this Verificati'~or~,'and verify that the statements made in the foregoing Civil Action in Mortgage Forec psure are true and correct to the best of V information and belief. v The undersighe~ understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 ~jelating to unsworn falsification to authorities. ~I Name: Linda Duncan DATE: Title: Vice President Loan Documentation ', Wells Fargo Bank, N.A. Name: File #: 293357 086-PA-vl WELLS FARGO BAN~C, N.A. KRISTA L. STRICKL KEVIN M. STRICK~,~ NOTICE You have bee If you awn ~n participate in a court~si vs. FORM 1 IN THE COURT OF COMMON P S ~ COUNTY PENN ~V~IA O BER AN ~> `~~~ ~ , „~ F CUM L D ..f-~ Plaintiffs) ~~ ~ - ~ ~- ~~, v ~~ ~nr <~ ~ ~~ o - s~ ~ ~ Civil 7~' y Defendant(s) ~ ~ c~ ~~ ~ ~ .,. RESIDENTIAL MflRTG~GE FORECLOSURE DI~ERSIUI~t 1'ROGRAINI served with a foreclosure complaint that could cause you to lose your home. live in the residential property which is the subject of this foreclosure action, :you may be able to ~rvised conciliation conference in an effort to resolve this matter with your lender. If yondo nbt ve a lawyer, you must take the folk-wiag steps to be ~bk for a cons n conference. First, within twenty ~2 ) days of your receipt of this notice, you must contact MidPenn Legal Services at (71 T) 243-9400 extension 2510 or (1I~0 >k22.5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been {ap ' inted a legal representative, you must promptly meet with that legal n~presentative within twenty (20) days of the pointment date. During that meeting, you must provide the legal rotative with all reque~ed financial info 'on so that a loan resolution proposal can be pre~red on your behalf. If you and your legal representative camplbte al financial worksheet in the format attached hereto, the legal repr~:sentative will prepare and a Request for Ccmcilia~io Conference with the Court, which must be filed with the Court within. sixty (60} days of the service upon you of the ' reclasure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet rw ~ representative ofyour lender in an attempt to work out reasonable arrangements with your lender before the mo' ge foreclosure suit proceeds forward. If you are r+ep Bated by a lawyer, you and your lawyer meat take the foliowieg steps to be eligible for a esnciliation coaferes It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. Howdve ,';.you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prep~t ', on your behalf. If you and your lawyer complete s financial worksheet in the format attached hereto, your lawyer vVill 1#reT~ and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60j day$ o the service upon you oithe foreclosure complaint. If you do so and a conciliation conference is scheduled, you will hav ~n opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your 1 r before the mortgage foreclosure suit proceeds forward. IF YOU WAS ,TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TI~I 1!~iOTICE. THIS PROGRAM IS FREE. ~I Respectfully submitted: Date M Brushwood,. Esquire I Attorney for Plaintiff FORM 2 Cumbier~and County Residential Mortgsge Fortclesure Diversion Programs Financial Worksheet Date Cumberland County ourt of Common Pleas Docket # HARDSHIP ASSISTANCE To complete your ~ possible options w~ the best of your kni Borrower name(s)a Property Address: City: Is the property for sa Reahor Name: Borrower Occupied? Mailing Address (i~f ~ City: Phone Numbers: Email: # of people in Mailing Address: City: Phone Numbers: Email: # of people in hour First Mortgage Ler~ Type of Loan: _ Loan Number: Second Mortgage l Type of Loan: Loan Number: hest for hardship assistance, your lender must consider your circumstances to determine 'working with your counseling agency. Please pmvide the following information to State: Zip: Yes No Listing date: Price: $ Realtor Phone: Yes No Home: Cell: State: Zip: Office: Other: How long? State• Zip: Home: Office: Cell: Other: How long? Date You Closed Your Loan: Total Mortgage Pants Amount: $ Included Taxes & Insurance: Date of Last Pavment ' Is the Ioan in $ankEVlptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: ', $ $ Checking: $ $ Savings: $ $ Other: ', $ $ Automobile # 1: Mbd~1: Year: Amount owed: Value: Automobile #2: Mpd~ Year: Amount owed: Value: i ' t obit boats motors cles :Model: Year: A aunt owed: Value I1~-ntldv lia~u~e Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income!, ~cription (not wages): 1. ' m #-thly amount: 2. 'm nthly amount• Borrower Pay Day~:~ Co-Borrower Pay Days: only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT M Food 2 Ma a Utilities Car Pa ens I Condo/Ne .Fees Auto Insurance Med. not covered Auto fueUre irs Other ent Install. Loan P n Cable TV Child S rt/Al' S ndin Mon D !Child CarelT it. Other Ex ses Amount Available ~o~ Monthly Mortgage Payments Based on Income & Expenses: Have you been wotki~g with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide ~tt-e following information: Counseling Agency: Phone (Office): Fax: Counselor: Email: Have you made applir~ation for Homeowners Emergency Mortgage Assistance Progr~n (I~MAP) assistance? Yes ^ No ^ If yes, please Indic Have you had any delinquency? Yes ^ No ^ If yes, please Indic Please provide the company: Lender's Contact I Servicing Company Contact: I/We, fmancial situation use the counseling Borrower Co-Borrower Please forward counsel: 1. Proof of 2. Past 2 b~ 3. Proof of 4. Copy of 5. Letter ea letter) the status of the application: negotiations with your lender or lender's loan servicing company to resolve your the status of those negotiations: information, if known, regarding your lender and lender's loan servicing )~ Phone: Phone: authorize the above named useirefer this information to my lender/servicer for the sole purpose of evaluating my ~ssible mortgage options. I/We understand that Uwe am/are under no obligation to ;es provided by the above named Date Date document along with the following information to leader and leader's statements expected income for the last 43 days u~rent utility bill fining reason for delinquency and nay sapportiag docurnen~tiaa (hardship 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy .. ~~~..L,-i"~, r1~~. z~ t 2 C~~T 3 I PFi 3~ I~ Richard W Stewart Solicitor Wells Fargo Bank, N.A. vs. Krista L. Strickland (et al.) ~'~NhS'(~~~~IA Case Number 2012-5829 SHERIFF'S RETURN OF SERVICE 09/21/2012 04:00 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2012 at 1600 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Krista L. Strickland, by making known unto herself personally, at 1695 Douglas Drive, Carlisle.. Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Krista L. Strickland advised Deputies she had filed bankruptcy. ~- , ~T-. ~}~`~ c w i/i GL~ A~--- TIM BLA EPUTY 09/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Krista L. Strickland, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Kirsta L. Strickland. Request for service at 138 Elm Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Krista L. Strickland currently resides at 1695 Douglas Drive, Carlisle, Pennsylvania 17013. 09/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Krista L. Strickland, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Krista L. Strickland. Request for service at 621 Creek Road, Carlisle, Pennsylvania 17013 is currently vacant. Krista L. Strickland currently resides at 1695 Douglas Drive, Carlisle, Pennsylvania 17013. 10/08/2012 08:15 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 2015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kevin M. Strickland, by making known unto himself personally, at 111 Spruce Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~J /~ STEPHEN BENDER, DEPUTY 10/10/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kevin M. Strickland, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Kevin M. Strickland. Request for service at 621 Creek Road, Carlisle, Pennsylvania 17013 is vacant. Kevin M. Strickland currently resides at 111 Spruce Avenue, Carlisle, Pennsylvania 17013. SHERIFF COST: $141.00 SO ANSWERS, ,~-~-----_._w October 10, 2012 RONNY R ANDERSON. SHERIFF C? rn CD C— )>C j .tom .�cn� _4 PHELAN HALLINAN, LLP , Joseph P. Schalk, Esq., Id. No. 91656 -= <J11 126 Locust Street - Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff vs. Term KRISTA L. STRICKLAND No. 2012-5829-CIVIL KEVIN M. STRICKLAND 62:1 CREEK ROAD Cumberland County CARLISLE,PA 17013-9646 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On September 20, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure- against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due August 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On September 21, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland'County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Krista L. Strickland. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 293357 3. On October 8, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Kevin M. Strickland. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 4. 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. 5. 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. 6. 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. 7. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 8. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 293357 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: o 13 BY: pAizb J#h . halk, Esquire Plaintiff 293357 Exhibit A C7 d N � �T rrn N �3Q CD p �4 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION { FORT MILL,SC 29715 5 g a ( !U L Plaintiff, NO.: VS. KRISTA L. STRICKLAND KEVIN M.STRICKLAND 621 CREEK ROAD CA_ RLISLE,PA 17013-9646 Defendants. CIVIL ACTION—COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Hallinan&Schmieg, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff'). 2. The Defendants, KRISTA L. STRICKLAND and KEVIN M. STRICKLAND, are individuals whose last known address are 621 CREEK ROAD,CAFj4LISLE,PA 17013-9646. 3. On or about September 14, 2010, KRISTA •WA S `KEVIN M. STRICKLAND made, executed and delivered to WELLS FARGiA►It"Pl@.AMFl"Pgage in the COffed COPY 01#0 original principal amount of $173,402.00 on the premises hereintft&fg§Wdaftbbo1dd Mortgage being reco� 1j6) yof the Recorder of CUMBERLAND County in Instrument No. 201028370. Please return 062-PA-V2 The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa-R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings. if those documents are of public record. 4. Plaintiff is the current holder of the Mortgage. 5. KRISTA L. STRICKLAND and KEVIN M. STRICKLAND are record and real owners of the aforesaid mortgaged premises. .6. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due August 1., 201 L 7. On July 10, 2012, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq.. Notice of Intention to Foreclosure pursuant to Act 6 of 1974 is not required because the mortgage premises is vacant and abandoned. 8. As of September 3, 2012, the amount due and owing Plaintiff by Defendants is as follows: Principal Balance $171,450.74 Interest $9,797.08 07/01/2011 through 09/03/2012 Late Charges $504.68' F Property Inspections $130.00 Property Preservation $422.00 Escrow Deficit $4,185.79 TOTAL $186,490.29 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses, Pla intiff.reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the.Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff-is not p ! 062-PA-V2 1 ' seeking a'judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$186,490.29, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By. . . Date: 1� i �i- lti 11 Br c 1wood,Esquire Attorney..ar-Plaintiff 062-PA-V2 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO.TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 1.7013 (717)249-3166 (800)990-91.08 i s { File!!: 293357 LEGAL DESCRIPTION All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R. Klingler Estate recorded September It, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 25, Page 93, as follows,to wit. Beginning at an iron pin set on the southern line of the dedicated right of way of Creek Road (Township Road 497) at the point of intersection of same with the western line of'60 feet wide Right-of-Way for Carl W. Lehman' as designated on the aforementioned Plan; thence by said 60 feet wide Right-of-Way for Carl W. Lehman South 29 degrees 00 minutes East, a distance of 212.07 feet to an iron pin set on the northern line of lands now or formerly of Carl W. Lehman; thence by same and passing through an iron pin set on the southmost point of the common boundary between Lots_No. 8 and 9 said Plan, South 70 degrees 52 minutes 20 seconds West, a distance of 276.18 feet to an iron pin set on the southeastern corner of Lot No. 7 on said Plan; thence by said Lot No. 7,North 20 degrees 16 minutes 40 seconds West;`a distance of 197.39 feet to an iron pin set at the point of intersection of the southern line of the dedicated right of way of said. Creek Road with the northeastern corner of said Lot No. 7; thence by said line of said dedicated right of way,North 65 degrees 50 minutes 20 seconds East, a distance of 42.37 feet to an iron pin set; thence continuing by same and passing through an iron pin set on the northernmost point of the common boundary between,Lots No. 8 and 9 on said Plan,North 68 degrees 38 minutes 20 seconds East, a distance of 201.72 feet to an iron pin set, the point and place of Beginning. Help 293357 Being all of Lots Nos. 8 and 9 as designated on the aforementioned Plan, containing a total gross area of 53,114 square feet, more or less, Assessor's Parcel Number: 29-06-0021-159 PROPERTY ADDRESS: 621 CREEK ROAD, CARLISLE, PA 17013-9646 PARCEL#29-06-0021159 File#: 293357 VERIFICATION Linda Duncan, hereby states that heq is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that heq is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi /he 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. L.--,A, � Name: Linda Duncan DATE: Title: Vice President Loan Documentation Wells Fargo Bank,N.A. Name: Strickland File#: 293357 086-PA-v 1 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs: K.RISTA L.STRICKLAND KEVIN M. STRICKLAND Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION .PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the:legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached,hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure corriplaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before'the mortgage foreclosure suit proceeds forward. If you are represented by a,lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with.a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Y Mal:CliL*t l3rushwnod',Esquire Attorney for Plaintiff ]FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worlcsheet 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 ER/PRI MARY APPLICANT Borrower name(s): Property Address: City • Zip: Is the property for sale? Yes [] No D Listing date: Pricer$ Realtor Name: _ Realtor Phone:, Borrower Occupied? Yes F_]"No n' Mailing Address(if different): - City: State: Zip: Phone Numbers: Home: Office: Cell.: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in Household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: - Loan Number: Total Mortgage Payments Amount: $ Included Taxes &Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No Q If yes,provide names, location of court, case number&attorney: Assets Amount-Owed: Value: Home: :$ .._..... $Z. Other Real Estate: $ $ Retirement Funds: $ $ - Investments: $ $ Checking: $ _ $ Savings: $ Other: $ $ Automobile-#1:.Model: _ Year: Amount owed: Value: Automobile 42: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model; Year: Amount owed: Value, Monthly Income Name of Employers: Monthly-Gross Monthly Net 2: Montlily,Gross Monthly Net 3` Mehthly Gross Monthly Net Additional Income'Description (not wages): ]., monthly amount: 2. ___ _ monthly amount: Borrower Pay Days: Co-Borrower Pay Days:, Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE. AMOUNT EXPENSE AMOUNT Mortgage Food 2".Mort a e Utilities Car Payment(s) Condo/Nei h. Fees. Auto Insurance Med. (not covered Auto fuel/repairs Other prop.pay. ment Install. Loan Payment Cable TV Child Support/Alim. - S.,eidin Monet/ Da /Child C�ire/Tuit. : Other Expenses Amount Available for Monthly Mortgage Payments Based on Income &Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agcncyt _ Counselor: Phone(Office)?. Fax: Emait. Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No❑ . If yes,please indicate the status of the application:.... Have you had any prior.negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No ❑ If yes,please indicate the status of those negotiations:' Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name):, Phone: Servicing Company (Name): Contact:. Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. ]/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named _ Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) . 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF'S. OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r. +.t;,r,1 .:;�ei�Gyy� t,'_� TW�- I✓i��j f���.c(� Iii{i Jody S Smith /14 Chief Deputy 201?OCT 31 PM3: 10 Richard W Stewart Solicitor ::::;:::,_ ';UMBERLAND COUNTY "EN'NSYLVAN.IA Wells Fargo Bank, N.A. Case Number vs. Krista L. Strickland (et al.) 2012-5829 SHERIFF'S RETURN OF SERVICE 09/21/2012 04:00 PM -Timothy Black, Deputy Sheriff,who being duly sworn according to law, states that on September 21, 2012 at 1600 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Krista L. Strickland. by makin,g.known unto herself personally, at 1695 Douglas Drive, Carlisle. Cumberland County,:Pennsylvania 170151ts contents and at the same time handing to her 'personally the said true and correct copy of the same.. Krista L. Strickland advised Deputies she had filed bankruptcy. 6 6-7-. T;b oiv L4 CO C. TIM BLA EPUTY� 09124/2012 Ronny R. Anderson, Sheriff,who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Krista L. Sttickland, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Kirsta L. Strickland. Request for service at 1.38 Elm Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Krista L. Strickland currently resides at 1695 Douglas Drive, Carlisle,Pennsylvania 17013. 09/24/2012 Ronny R. Anderson,Sheriff, who being duly sworn according to law, states that he made a.diligent search and inquiry for the within named defendant to wit: Krista L. Strickland, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Krista L. Strickland. Request for service at 621 Creek Road, Carlisle, Pennsylvania 17013 is currently vacant. Krista L. Strickland currently resides at 1695 Douglas Drive, Carlisle, Pennsylvania 17013. 10/08/2012 08:15 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 2015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kevin M. Strickland,by making known unto himself personally, at 111 Spruce Avenue, Carlisle, Cumberland County, Pennsylvariia 17013 its contents and at the same-time handing to him personally the said true and correct copy of the same. / STEPHEN BENDER, DEPUTY 10/10/2012 Ronny R:Anderson, Sheriff, who being duly sworn according to law, states that he made-a diligent search and inquiry for the within named defendant to wit: Kevin M. Strickland,but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure.Diversion Program as not fo.und as to the defendant Kevin M.'Strickland. Request for service at621 Creek Road, Carlisle, Pennsylvania 17013 is vacant. Kevin M. Strickland currently resides at 111 Spruce Avenue; Carlisle, Pennsylvania 17013. " V SHERIFF COST: $141.00 SO ANSWERS, �C✓ ,r October 10, 20!2 RONI`V R ANDERSON, SHERIFF Y PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street - Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Tenn vs. No. 2012-5829-CIVIL KRISTA L. STRICKLAND KEVIN M. STRICKLAND Cumberland County 621 CREEK ROAD CARLISLE, PA 17013-9646 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: KRISTA L. STRICKLAND KEVIN M. STRICKLAND 1695 DOUGLAS DRIVE 111 SPRUCE AVENUE CARLISLE,PA 17013 CARLISLE, PA 17013 Date: By*se P chalk, Esquire ey for Plaintiff . 293357 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff vs. Term KRISTA L. STRICKLAND No. 2012-5829-CIVIL KEVIN M. STRICKLAND 621 CREEK ROAD Cumberland County CARLISLE, PA 17013-9646 Defendants ORDER AND NOW, this Z day of 4VOAS— , 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. Lk- 'r 293357" 4 'I :i �i a CC: Krista L. Strickland and Kevin M. Strickland Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff i PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 KRISTA L. STRICKLAND 1695 DOUGLAS DRIVE CARLISLE, PA 17013 KEVIN M. STRICKLAND 111 SPRUCE AVENUE CARLISLE, PA 17013 293357 PHELAN HALLINAN, LLP G 1' +'IF' PR0T'-'0NvT,1it e Attorney for Plaintiff Adam H. Davis, Esq., Id.No.203034 2013 AUG 23 AM 10: 06 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBER!ANO COUNTY Philadelphia, PA 19103 PENNSYLVANIA Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION KRISTA L. STRICKLAND KEVIN M. STRICKLAND No. 12-5829-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 KRISTA L. STRICKLAND is over 18 years of age and has last known addresses at 621 CREEK ROAD, CARLISLE,PA 17013-9646 and 1695 DOUGLAS DRIVE, CARLISLE, PA 17013. (c) that defendant KEVIN M. STRICKLAND is over 18 years of age and has last known addresses at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date &L' 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 787178 Department of Defense Manpower Data Center Results as of:Aug-22-201395:57.36 SCRA 3.0 r statm,Rtpot`C Pursuant to Senricenaembom Civil Relief Aet. ,6 Last Name: STRICKLAND First Name: KEVIN Middle Name: M 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 r - No NA This response reflect s the individuals'active duty"status based on the Active'Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA •: No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duly Status Date I The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA Nod NA This response reflects whether the individual or hislher unit has received'earty�notifieation to report for active duty Upon searching the data banks of the Department of Defense Manpower Data-Center,-ba'sed on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of;Aug-22-2013 05:57:40 rt SCRA 3,0 Status Report Pursuant to Smiccrnembm Civil Relief Act Last Name: STRICKLAND First Name: KRISTA Middle Name: L Active Duty Status As Of: &ug-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 reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA Is response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order NG11ficalton Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 1�.E1-OF+rIC- i= r r ICE PRO T HOMO TARY PHELAN HALLINAN, LLP 20;3 AUG 2 7 AH 11: 4 8 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1406UMBERLAIlD COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KRISTA L. STRICKLAND CIVIL DIVISION KEVIN M. STRICKLAND No. 12-5829-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 KRISTA L. STRICKLAND and KEVIN M. STRICKLAND, 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 $186,490.29 TOTAL $186,490.29 I hereby certify that (1) the Defendants'last known addresses are 621 CREEK ROAD, CARLISLE, PA 17013-9646, 1695 DOUGLAS DRIVE, CARLISLE, PA 17013, and 111 SPRUCE AVENUE, Carlisle, PA 17013, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. c,. Date kZ��V &0410-� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH#787178 PROTHONOTARY awo 787178 Ci Ql�# 13,E L agg1 1i6hu A AaJ PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION KRISTA L. STRICKLAND KEVIN M. STRICKLAND No. 12-5829-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 KRISTA L. STRICKLAND is over 18 years of age and has last known addresses at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 1695 DOUGLAS DRIVE, CARLISLE, PA 17013. (c) that defendant KEVIN M. STRICKLAND is over 18 years of age and has last known addresses at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 191.03 21.5-563-7000 787178 I��III Department of Defense Manpower Data Center Results as of:Aug-26-201312:00:55 SCRA 10 Stag Report Pursuant to Service-mombers Civil Relief Ad Last Name: STRICKLAND First Name: KRISTA Middle Name: L 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 Date Active Duty End Date Status Service Component NA NA I No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A A 01 JFJj • Mary M,Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-26-2013 12:00:46 SCRA 3.0 'f RePoTt PursuantAoServicememben Civil Relief Act Last Name: STRICKLAND First Name: KEVIN Middle Name: M Active Duty Status As Of: Auy-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 Date Active Duty End Date Status Service Component NA NA _No - NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA_ _. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ot Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KRISTA L. STRICKLAND NO. 12-5829-CIVIL KEVIN M.STRICKLAND Defendant(s) CUMBERLAND COUNTY TO: KEVIN M.STRICKLAND 111 SPRUCE AVENUE Carlisle,PA 17013 DATE OF NOTICE:--z/) / THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND 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 TIE 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 Ha.11inan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#787178 WELLS FARGO BANK,N.A. v Plaintiff COURT OF COMMON PLEAS CIVIL.DIVISION K.RISTA L.STRICiCl:Ai`1D KEVIN 11n.STRI;C.1(LAND NO. 12-5829-CIVIL Defendant(s) CUMBERLAND COUNTY TO: KEVIN M.STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 DATE OF NOTICE: <. T11lS 1'1:R:M IS A,61~137`COI 1.;CCI'C31t AT7 r1u11>!'IN 1S SENT 7< YOU IN AN AT'I'Fimr 'I'O co L1 1�C7 T!-�i,I ]fir C` A DE:13I'. THIS O (E fIEltlwtN ✓�iV?7.ANY I�ti"Ol�!I:ra'1'JON OBE"A.t}�ED',. ETL Div1wSS'.i.:E'1�r31�itt"D 3O PCI.l2POSE TI Y PROM YOCr tILI 131;USfaD FOIL TTIn7 YOU 1IAVL PR V10USLY REC IVED A j�1SCI�A:RCiI" 1;V I311.iV,f(1{1jP!'Cy, PRTf31S CO,RR',SPOND.I NCE IS NOT ,AT�1D SH()UI,U NOT 131, CON ERIP 1 O COLLf'CT A 171 r37', 73`77' OiVLa' A NF072313 51 I7[TI D 'I''O 13Li Ater PROI'1~12 i'�". E OF 1:lI:N AGAINST IMPORTANT NOTICE YOU ARE N D.EI A.ULfI' APPEA ANCI, PI RSUN ` BECAUSE YOU '14AVF I" YOU1: Dl t�FsIVSF-S O OI3JC�CTIOnr T6�131 C(AIMS Si�7'1y()1�A11 F3t� J"I I�NT.1 !7 7"IORNEY AND I!LL 1iV W1�17'INC l r A 1VE1'RI'EtN AC 1 11x1 tTI!"N Tr°N,DAYS'r t2OM THE 1 ATf:OF T](1SNOTICE,A 1tAGA ° ,- 11"� 111E (011177` TIC ACAINS'1 YOU. UNLESS YO11 �1CiA1NS7 YOU W1Tl=1OU'T A kIC A17.1NG .A1VD '1' [ivll?(7.17TANI',17IG11T,S. 'Q-N l 1+!1A� I3I I NTER.P.D YOU 1vlAI' .LOSE Y(1i11R 1?r7OP1 1:TY OR t TllE1Z YOU SIf0_UL13 IAXl3 TI41S PAPER '1'O' Y HAVE A LAW GO '1'O OUR LANk7)LR AT ONCE. 017 7�L cr.7 o �E Trot.pF1 .CE SET 1 C717T BELOW. YOU DO I�rO'1 CAN I?RC?VII7l�YOII W1Tl-1.INF( 1tMA71Ol�AI3OU7�I VC.A IT raRTJ-, -11S i FJ--1.C1 >2OV,1taI" 'YOU CAIN�IN`O T FC t,IAtMl"_d7�I' OU WIT TO 1lt` A , 1. ,. THIS a 1` E MAY 1x ABLE, Tr1 A IoN Ai30U f ACENCII O ELIGIBLE ?-RSONS AT A REDIJC3D 1 ;S THAT MAY Orp .7 \o 1Ts. EGAt SI 17V1CFS y Office of the Prothonotary Cumberland County Courthouse CUMBERLAND COUNTY BAR I Courthouse Square ASSOCIATION Carlisle,PA 17013 CUMBERLAND COUNTY COURTHOUSE (717)24Q-6195 2 LIBERTY A VENUE CARLISLE,PA 17013 (717)249-3166 Adam H.Davis,Esq.' Id.N�03034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 s PH#787178 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION KRISTA L.STRICKLAND KEVIN M. STRICKLAND NO. 12-5829-CIVIL Defendant(s) CUMBERLAND COUNTY TO: KRISTA L.STRICKLAND 1695 DOUGLAS DRIVE CARLISLE,PA 17013 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 FR PURPOSE. YOU WILL BE USED FOR THAT IF YOU HAVE PR 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 OF THIS NOTICE,A JUDGMENT MAY B ACT WITHIN TEN DAYS FROM THE DATE F,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 1 Courthouse Square ASSOCIATION 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 Penn Center Plaza Philadelphia,PA 19103 �e PH#787178 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KRISTA L.STRICKLAND NO. 12-5829-CIVII, KEVIN M.STRICKLAND Defendant(s) CUMBERLAND COUNTY TO: KRISTA L.STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 - � 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 NO YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195, CARLISLE,PA 17013 (717)249-3166 By:-- Adam H.Davis,Esq.,Id.No.203034 Attorney fot Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#787178 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KRISTA L. STRICKLAND KEVIN M. STRICKLAND CIVIL DIVISION No. 12-5829-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 2 By:. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY." 787178 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION KRISTA L. STRICKLAND NO.: 12-5829-CIVIL KEVIN M.STRICKLAND Defendant(s) :f CUMBERLAND COUNTY To the Prothonotary: z' Issue writ of execution in the above matter:".' Amount Due $186,490.29 Interest from 08/28/2013 to Date of Sale ($30.66 per diem) 3 035.34 i TOTAL $189,525.63 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property, PH#787178 C C= zz Orr;Co sr- M (J) ;Tj Q -<> -.� ate. �s CD &evi, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. _Plaintiff V. KRISTA L.STRICKLAND KEVIN M. STRICKLAND Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: KRISTA L. STRICKLAND Phelan Hallinan,LLP 1695 DOUGLAS DRIVE Adam H.Davis,Esq.,Id. No.203034 CARLISLE,PA 17013 Attorney for Plaintiff KEVIN M. STRICKLAND 111 SPRUCE AVENUE CARLISLE,PA 17013 LEGAL DESCRIPTION All that certain tract of land situate in North Middleton Township,Cumberland County,Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R.Klingler Estate recorded September 11, 1974,in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 25,Page 93,as follows,to wit. Beginning at an iron pin set on the southern line of the dedicated right of way of Creek Road(Township Road 497)at the point of intersection of same with the western line of'60 feet wide Right-of-Way for Carl. W.Lehman'as designated on the aforementioned Plan;thence by said 60 feet wide Right-of-Way for Carl W. Lehman South 29 degrees 00 minutes East,a distance of 212.07 feet to an iron pin set on the northern line of lands now or formerly of Carl W.Lehman; thence by same and passing through an iron pin set on the southmost point of the common boundary between Lots No. 8 and 9 said Plan,South 70 degrees 52 minutes 20 seconds West,a distance of 276.18 feet to an iron pin set on the southeastern corner of Lot No.7 on said Plan;thence by said Lot No.7,North 20 degrees 16 minutes 40 seconds West,a distance of 1.97.39 feet to an iron pin set at the point of intersection of the southern line of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No.7;thence by said line of said dedicated right of way,North 65 degrees 50 minutes 20 seconds East,a distance of 42.37 feet to an iron pin set;thence continuing by same and passing through an iron pin set on the northernmost point of the common boundary between Lots No. 8 and 9 on said Plan,North 68 degrees 38 minutes 20 seconds East,a distance of 201.72 feet to an iron pin set,the point and place of Beginning. Being all of Lots Nos. 8 and 9 as designated on the aforementioned Plan,containing a total gross area of 53,114 square feet,more or less. SUBJECT,HOWEVER,to such recorded easements,restrictions and conditions that may apply to the afore- described tract of land. AND SUBJECT,HOWEVER,to the condition that Lots Nos.8&9 as conveyed hereby shall,by virtue of this Deed,become consolidated as one integral parcel,and neither of said lots shall be hereinafter separately conveyed without any necessary municipal subdivision approvals. AND FURTHER SUBJECT, HOWEVER,to the condition that not more than one single-family detached residence,which residence shall be constructed on the site from good--quality building materials,shall be erected on the premises,and that no trailers,double-wides, modular,or prefabricated structures shall be placed or erected thereon. TITLE TO SAID PREMISES IS VESTED IN Kevin M. Strickland and Krista L. Strickland, h/w, by Deed from M. Jeffrey Strickland, single man, dated 04/09/2004, recorded 04/12/2004 in Book 262, Page 2267. PREMISES BEING: 621 CREEK ROAD,CARLISLE,PA 17013-9646 PARCEL NO.29-06-0021-159 PHELAN HALLINAN, LLP I L E D-O F I C c P° . Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 THE P R O r HO N O TA r' ` 1617 JFK Boulevard, Suite 1400 �- #, : 50 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-5829-CIVIL KRISTA L.STRICKLAND KEVIN M. STRICKLAND Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn.falsification to authorities. By: Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff F!L.ED 0 F1 1C9 rte. WELLS FARGO BANK,N.A. kJr T ;E PF OTHO,3OTA� 1 COURT OF COMMON PLEAS Plaintiff 2913 AUG 27 All 11: SO CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 12-5829-CIVIL KRISTA L. STRICKLAND PENNSYLVANIA KEVIN M. STRICKLAND Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 621 CREEK ROAD,CARLISLE, PA 17013-9646. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KRISTA L.STRICKLAND 1695 DOUGLAS DRIVE CARLISLE,PA 17013 KEVIN M.STRICKLAND 111 SPRUCE AVENUE CARLISLE,PA 17013 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KRISTA L.STRICKLAND 1695 DOUGLAS DRIVE CARLISLE,PA 17013 KEVIN M.STRICKLAND 111 SPRUCE AVENUE CARLISLE,PA 17013 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) JPMORGAN CHASE BANK,N.A. 1111 POLARIS PARKWAY COLUMBUS,OH 43240 JPMORGAN CHASE BANK,N.A. 710 KANSAS LANE ATTN:ELVIA WRIGHT MONROE,LA 71203 JPMORGAN CHASE BANK,N.A. 2550 NORTH REDHILL AVENUE C/O CUSTOM RECORDING SOLUTIONS SANTA ANA,CA 92705 JPMORGAN CHASE BANK,N.A. 341 SCIENCE PARK ROAD C/O VICTORY SETTLEMENT SERVICES SUITE 205 ATTN:MARIANNE BANAGA STATE COLLEGE,PA 16803 PH#787178 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) NORTH MIDDLETON AUTHORITY 240 CLEARWATER DRIVE CARLISLE,PA 17013 NORTH MIDDLETON AUTHORITY 10 EAST HIGH STREET C/O HUBERT X.GILROY,ESQUIRE CARLISLE,PA 17013 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 621 CREEK ROAD CARLISLE,PA 17013-9646 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 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By. �� ' Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 .215-563-7000 PH#7871.78 I'IL F F I , WELLS FARGO BANK,N.A. T HE PROTHONOTAR' i COURT OF COMMON PLEAS 2013 AUG 2 7 Ali 11*- 5th Plaintiff CIVIL DIVISION CUMBERLAND COUHT�r VS. PENNSYLVANIA NO.: 12-5829-CIVIL KRISTA L. STRICKLAND KEVIN M. STRICKLAND CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KRISTA L. STRICKLAND KEVIN M. STRICKLAND 1695 DOUGLAS DRIVE III SPRUCE AVENUE CARLISLE,PA 17013 CARLISLE,PA 17013 "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 621 CREEK ROAD, CARLISLE,PA 17013-9646 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$186,490.29 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 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. a' 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 tract of land situate in North Middleton Township,Cumberland County,Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R.Klingler Estate recorded September 11, 1974,in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 25,Page 93,as follows,to wit, Beginning at an iron pin set on the southern line of the dedicated right of way of Creek Road(Township Road 497)at the point of intersection of same with the western line of'60 feet wide Right-of-Way for Carl W.Lehman'as designated on the aforementioned Plan;thence by said 60 feet wide Right-of-Way for Carl W. Lehman South 29 degrees 00 minutes East,a distance of 21.2.07 feet to an iron pin set on the northern line of lands now or formerly of Carl W.Lehman;thence by same and passing through an iron pin set on the southmost point of the common boundary between Lots No.8 and 9 said Plan,South 70 degrees 52 minutes 20 seconds West,a distance of 276.18 feet to an iron pin set on the southeastern corner of Lot No.7 on said Plan;thence by said Lot No.7,North 20 degrees 16 minutes 40 seconds West,a distance of 197.39 feet to an iron pin set at the point of intersection of the southern line of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No.7;thence by said line of said dedicated right of way,North 65 degrees 50 minutes 20 seconds East,a distance of 42.37 feet to an iron pin set;thence continuing by same and passing through an iron pin set on the northernmost point of the common boundary between Lots No.8 and 9 on said Plan,North 68 degrees 38 minutes 20 seconds East,a distance of 201.72 feet to an iron pin set,the point and place of Beginning. Being all of Lots Nos.8 and 9 as designated on the aforementioned Plan,containing a total gross area of 53,1.1.4 square feet,more or less. SUBJECT,HOWEVER,to such recorded easements,restrictions and conditions that may apply to the afore- described tract of land, AND SUBJECT,HOWEVER,to the condition that Lots Nos.8&9 as conveyed hereby shall,by virtue of this Deed,become consolidated as one integral parcel,and neither of said lots shall be hereinafter separately conveyed without any necessary municipal subdivision approvals. AND FURTHER SUBJECT,HOWEVER,to the condition that not more than one single-family detached residence,which residence shall be constructed on the site from good-quality building materials,shall be erected on the premises,and that no trailers,double-wides, modular,or prefabricated structures shall be placed or erected thereon. TITLE TO SAID PREMISES IS VESTED IN Kevin M. Strickland and Krista L. Strickland, h/w, by Deed from M. Jeffrey Strickland, single man, dated 04/09/2004, recorded 04/12/2004 in Book 262, Page 2267. PREMISES BEING: 621 CREEK ROAD,CARLISLE,PA 17013-9646 PARCEL NO.29-06-0021-159 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5829-CIVIL WELLS FARGO BANK,N.A. V. KRISTA L. STRICKLAND KEVIN M. STRICKLAND owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 621 CREEK ROAD, CARLISLE PA 17013-9646 Parcel No. 29-06-0021-159 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $186,490.29 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2012-5829 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 KRISTA L. STRICKLAND,KEVIN M. STRICKLAND (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $186,490.29 L.L.: $.50 Interest FROM 8/28/2013 TO DATE OF SALE($30.66 PER DIEM)-$3,035.34 Atty's Comm: Due Prothy: $2.25 Atty Paid: $289.75 Other Costs: Plaintiff Paid: Date: August 27,2013 - David D.Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 203034 • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND Coty f KRISTA L. STRICKLAND -raa n @ - KEVIN M. STRICKLAND : No.: 12-5829-CIV rn • (1)r" -<> Defendants r- >c; - 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 September 20, 2012. 2. Judgment was entered on August 27, 2013 in the amount of$186,490.29. 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. 787178 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $171,450.74 Interest Through September 26, 2013 $18,682.00 Late Charges $504.68 Legal fees $1,700.00 Cost of Suit and Title $973.75 Property Inspections $280.00 Property Preservation $422.00 Escrow Deficit $8,614.97 TOTAL $202,628.14 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 10,2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . 787178 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: ``M �� i,� i ison F. ck- an, Esquire ATTORN OR PLAINTIFF 787178 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff Civil Division • v. CUMBERLAND County • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KRISTA L. STRICKLAND and KEVIN M. STRICKLAND 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 621 CREEK ROAD, CARLISLE, PA 17013-9646. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 787178 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL 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 787178 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 787178 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 787178 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 787178 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 787178 • 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. 787178 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan„ , DATE: / By. Alliskerman, Esquire Attorney for Plaintiff 787178 Exhibit "A" 787178 itiEPROTHOf10TARr Adam H. Davis,Esq Id. No.203034 211,3 AUG 2� All 11: 4 8 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUM3ERL AND COUN One Penn Center Plaza PENNS TY Philadelphia,PA 19103 LVAN�A Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PL4/O KRISTA L.STRICKLAND : CIVIL DIVISION A'4749t•'/;%,- KEVIN M.STRICKLAND *�c� : No.12-5829-CIVIL �i/q1 Pr 41.70 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE FT r'/ ANSWER AND ASSESSMENT OF DAMAGES R4-7.���py TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against I gT f t �N• CKLAND and KEVIN M.STRICKLAND,Defendant(s)for failure to file an Answ6= .4 • • Complaint within 20 days from service thereof and for foreclosure and sale of lefiaprtgliged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $186,490.29 TOTAL $186,490.29 I hereby certify that(1)the Defendants'last known addresses are 621 CREEK ROAD, C• • ISCLE.PA 17013-9646. 1695 DOUGLAS DRIVE.CARLISLE,.PA 17(W4 anti 111 _. _ --- - S P R U C E-A i'�Car iisl , • • , .1 . 1 S. O s • - I• O • .-I ' • s daree with Rule Pa.R.C.P 237.1. Date 2/126//St i AL Adam H.Davis,Esq.,Id. No.203034 Attorn or P1 ' tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 6/117(13 PH#787178 PROTHONOTARY 787178 Exhibit "B" 787178 II PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania September 10,2013 KRISTA L. STRICKLAND KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 RE: WELLS FARGO BANK,N.A. v.KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-5829-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison • *el( rnaan, :6.,Id. f=x.309519 Attorney for Plain i Enclosure 787178 Name and Phelan Hallinan,LLP s M Address IMO 16171FK Boulevard,Suite 1400 111 Of Seeder One Penn Center Plaza 86 Q Philadelphia,PA 19103 KVM Line Article Number .Name of Addressee,Street,and Post Office Address _Postage i f w 1 **** KRISTA L.STRICKLAND $0.95 bA a KEVIN M.STRICKLAND ( ■ e - 621 CREEK ROAD c� e! 'A CARLISLE,PA 17013-9646 _ , 2 **** KRISTA L.STRICKLAND $0.45 �3 No0 138 ELM STREET CARLISLE,PA 17013-9646 2 3._ •. 3 **** KRISTA L.STRICKLAND $0.45 z"`ck 1695 DOUGLAS DRIVE "+ I''r�). CARLISLE,PA 17013 � � 4 **** KEVIN M,-STRICKLAND SOAS ' ' 111 SPRUCE AVENUE Carlisle,PA 17013 RE:KRISTA L.STRICKLAND(CUMBERLAND) PH#787178/1200 Page 1 of 1 $1.80 Total Number of" ' Total Number of Pieces I Natioastm Per(Name or °The Full do to o t eo at vain is requecd on di ckreeostic and intertaa4onal rigkiu J maiE.Too nax;z s hems Listed by:Seeder RxcSved et Post affxt 1 ttcteBigZ AnPlnyec) ' for tht recons1noviun otnortnchrot obte dotumenta amicr Pxprdt Mad dmainant nKxmllrutfbh inta.anoe is a9o.2uu ptr • 1 ple<c suljmt to a lima of MO 9011 per oca rrroo r the maximonr indamnky payabk on Express Ms;t merei,oi or is SSW The maximum mdrunit,payebk is S23.O00 fur rcgisicrcd man,sent unih opno>ual minima" Sec Dotnessic Metl M000 l MOD 5913 a,Y1 S92I Sal ih aiiiom of coverage Form 3877 Facsimile . tt s 787178 • • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 Phelan Hallinan, DATE: (q7( By• Allison F. Zu an, Esquire ATTORNEY FOR PLAINTIFF 787178 8LIL8L e 2Z ; CL- cz ,..— 1 CO F� CC%7 uj CO CL I?If10 HH.I.Ag •.zoum sill uo polnp;)gos oq Ill m but uorl ou puie olnlosgV olnN xjeW of uoiloW L, aIU XL,w jjilut,eld `lanoD oql glim palyd si asuodsoa ou jj •saBt'uzLQ ssossPa-d of uotloW sJ.Illureld of osuodsor L, olg of aopio sigl Io olvp aril woj. skep (OZ) Xluami oAuq lluus sluepuopCI -soomie(I ssassBa-I of uolloW s jIrlu!uld fuiluva5 p ioluo aq lou pjnogs aapz0 u-B Xqm asnvo moos of slu-ppuala(I agl uodn paroluo sr olnN r `EIOZ -JO X-Bp _A -4 --M `AWN QNV d'If12I slut,pualo(I IIAI�-6Z8S-ZI 'oN QNV'INDINIS 'IN NIA9N QNVINDI'dis "I VISRI-A Xjunoj QNV jNjgWf1D •A uolslAIG I!Aro .I.Illufuld WOW uowwoD jo lznoo : 'V'N `-INVS 09XVI S"I"IF M VINVA'IASKNgd A IN3W (INV"XRIWID AO SV51'Id NOIRILiIOD JO lUflW 3H1 All [ _ j t 8LILSL VN 8LILSL £IOLi Vd`3'ISI'IdVD £IOLI Vd `01STIJUD HAI2IQ SV'IrJfIOQ S69I HfINAAV H INdS I I I QNV INDM LS •I V I.Sjx,� QNV'INDIRLS -W NIA UN---- 9t96-£IOLI Vd `3'ISPINVD 9 %-£I OL I Vd `a'ISI'I2IVD QV02I X�IHXD i Z9 .IH�Fx.LS Will Hi QNV"INDIN LS *W NIAH?I QNV'INDIN LS -I VISRI QNV'I?IDFd LS •'I V.ISRI / 6St£-£9S (SIZ) AV3 OOOL-£9S (SIZ) :-Fl . £016I Vd`eigd[apuf«id OOtI almS `pHnajnog}I3f L 19[ d'I'I`uL'u'l[BH a IOLId 6tS60£•ON `'bsg`u�uzaalanZ d uos�� LIF THE PROTHON0TA 2013 OCT -7 All 10: 01 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff vs. • Civil Division KRISTA L. STRICKLAND : CUMBERLAND County • KEVIN M. STRICKLAND Defendants • No.: 12-5829-CIVIL • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 DATE: /10/Li // V? Phelan Hallinan, LLP BY ■ ,-,NY G'✓' • Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff 787178 AFFIDAVIT OF SERVICE(FNMA) w ._. • PLAINTIFF CUMBERLAND COUNTY-0 co c� ;i4.-�-- WELLS FARGO BANK,N.A. =t r! _.C"a,! -,, PH#787178l� t ``°..} DEFENDANT SERVICE TEAM/Ixh !"'-- . 'r' KRISTA L.STRICKLAND COURT NO.:12-5829-CIVII C3 P,,--1.1 KEVIN M.STRICKLAND = "� ' O ---., , SERVE KRISTA L.STRICKLAND AT: TYPE OF ACTION T''Z — `'.> 1695 DOUGLAS DRIVE XX Notice of Sheriff's Sale CARLISLE,PA 17013 SALE DATE: December 4,2013 SERVED „Served and mad nown to KRISTA L.STRICKLAND,Defendant on the(I) day of'TC-i44 3E(0 (3,at S ' f9 o'clock M.,at ([.1 S �V 1 �Q(LCi�; ,in the manner described below: Defendant Prsonall served. P Y Adult family member with whom Defendant(s)r side(s). Relationship is MI tE . V fr--a-1O _Adult in charge of Defendant's residence who re used to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ , Other: . 3 Description: Age 36 Height C'5 Weight 1 W, Race Vi Sex lkj\ Other I, NNa , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. kelc-,, DATE: (( NAMEAVi(1 16 � PRINTED NAME: pC4C'11k TITLE: 04 S 3(' ki% NOT SERVED On the day of 20_,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 7 i. -�R0T 0 0 E TH Phelan Hallinan, LLP q� a �5 ii 9: 58 Allison F. Zuckerman, Esq., Id. No.3dtJ 9 rdUtef'y TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUM8ER1-A One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. : • CUMBERLAND County • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 20, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 10, • 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about September 24, 2013 directing the Defendants to show cause by October 14, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit.B. 4. The Rule to Show Cause was timely served upon all parties on October 4, 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. • • 787178 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 14, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Halli . • DATE: ` \ By: isonlme ifs, Esq., Id.No.309519 Attorney for Pia' tiff • • • • 787178 • Exhibit A 787178 9 { PHELAN HALLINAN, LLP 1617 John F.Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 10,2013 KRISTA L. STRICKLAND KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 RE: WELLS FARGO BANK,N.A.v.KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-5829-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief-that is,increasing the amount of the judgment. Please respond to me within 5 days,by 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, • ;ice Allison •c =rmazt, " • ,Id:•r4o_309519 • Attorney for Plain i. Enclosure • • { 787178 • • • . . • • • Exhibit "B" 787178 • Name and Phelan Hallinan,LLP . ex e, Address 1617 JFK Boulevard,Suite 1400 111 pN Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVMpl Line Article Number Name of Addressee,Street,and Post Office Address Postage ���0 a °W 1 **** KRISTA L.STRICKLAND $0.45 •1 m KEVIN M.STRICKLAND .- 621 CREEK ROAD t�.7� w$ CARLISLE,PA 17013-9646 }a c 2 ***• KRISTA L.STRICKLAND $0.45 of r:i r+oo 138 ELM STREET CARLISLE,PA 17013-9646 , ir , F^+;'" 3 **** KRISTA L.STRICKLAND $0.45 . 1695 DOUGLAS DRIVE ..'c-'.*',.:10-'),11 CALISLE,PA 17013 4a•^ 1 : . 4 **** KEVIN M.STRICKLAND $0.45. �: " 111 SPRUCE AVENUE Carlisle,PA 17013 RE:KRISTA L.STRICKLAND(CUMBERLAND) PH#78717811200 Page 1 of 1 $1.80 Tout Number of Total Thinker of Pieors Postmaster,Pc(Name or 11w full actuation of Value is sequined on all domestic and intcma loml rel.'lalemed mall.The man Picas Listed by Saida Received at Post Office Receiving Employee) for the reconstructan of nonnegotiable documents under Express Mail document reoauttuaion inswaeeris 1walo pa piece subjoci to a limn of SS00.000 peroaurrence.The maximum indcmnitypayable on Emma Mail merehordi,c is SM. The maximum indemnity psyabk is$23.000 for registered mail.sent with optional insurance.See Domestic Mail Manual 8900 S9I3 and 0021 forlimiuiuns ofcoveiage. Form 3877 Facsimile i• bra .-k\\,:vb i'.:; , 787178 • 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 KRISTA L. STRICKLAND KEVIN M. STRICKLAND : No.: 12-5829-CIVIL Defendants RULE AND NOW,this d2.1/44\-- day o .f:N. t si..,j 2113, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. . , . . BY THE.COURT . .. . . . . . if Ai , ,. I', II J.. c • ,• • riC'D ce) El:.1 ..—r 1 TThri E .) r- u)7 ma . .....<..7:7' .4— • ---<c-.) -0 7)7, • ><•-•,. -...--r.1 --:•--- • -2--c-- ,--.-1.--. --i — -, - . . • . • • . . . . • • • - . . . . . . 787178 .. • • • . . . . . . . .. . . . . . • • - - . • . . . . . . . t , 1: 1i t.i 2013 OCT -7 p1 10: O1 . CUMBERS-AND COUNT} PENNSYLVANIA ay Fife Copy Phelan Hallinan, LLP -"Qom Adam H.Davis, Esq., Id.No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@Phe1anklallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Commo oy Plaintiff vs. Civil Division KRISTA L. STRICKLAND CUMBERLAND County KEVIN M. STRICKLAND Defendants No.: 12-5829-CIVIL CERTIFICATION OF SERVICE • I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule . directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE,PA 17013-9646 CARLISLE,PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND . . 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle,PA 17013 CARLISLE,PA 17013 IL /// ? Phelan Hallinan,LLP ,. DATE: /01. V s*' . • Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff . 787178 • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE,PA 17013-9646 CARLISLE,PA 17013-9646 • KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle, PA 17013 Phe 7 • DATE: p an, Esq., Id.No.309519 • • • Attorney for Plaintiff . • • • • • • 787178 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County KRISTA L. STRICKLAND • KEVIN M. STRICKLAND No.: 12-5829-CIVIL Defendants ORDER AND NOW, this a''' day of ahLi , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $171,450.74 Interest Through September 26, 2013 $18,682.00. Late Charges $504.68 Legal fees• $1,700.00 Cost of Suit and Title $973.75 • Property Inspections $280.00 Property Preservation $422.00 Escrow Deficit $8,614.97 TOTAL $202,628.14 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. • Q'" • iin 0.1 BY T E COURT: � r \o J, LL • • • C 787178 • • - L_ PRO 2U13 A PHELAN HALLINAN,LLP Attorney for Plaintiff $f 10. 13 Adam H. Davis, Esq.,Id. No.203034 v LHI 1617 JFK Boulevard, Suite 1400 Pepin YLv4 9' T One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KRISTA L.STRICKLAND KEVIN M.STRICKLAND No.: 12-5829-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". J2 Adam H.Davis,Esq.,Id.No.203034 Date: fi/i7A.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#787178 a 0 fr Name and Phelan Hapinan,LIP Chi `� Address itr173FK,soulevard.Stake 1400 cs Of Sender One Penn Center Plata Philadr. PA•19103 AZK EET-12/04/2813 SALE � f ® Article Number Name Add --- Strce and P�Office Address °' © »�. 621 CREEK ROAD Posta_ ti l •-1 CARLISL PA]70[34646 EOM JP111DGf3At1 O CRANE BANK,N.A. '^^ '-�vxa 1111 MAWS PARKWAV wow (flLU if1,OR 4izae 14,4/ ,,, _�,,:. :, Sill JP1Np AN CHASE EARN.N.A.ATTN1 ELYLA WRIGHT .' _ 4 710 KANSAS LANE MOAAO:LA II 7R wa. JPNORitN{ry ► T BAN N.A.GO CUSTOM RECORDING �LT0V5 2s0N0N11B>dYdAVtNBS +w SANTA A CA . XS 'J N CHASE DANK,N .CnVLC?tRYSHrTLE4SNT9CRVICH4A91H:MARIANNSBANAGA 1SCIEN`E PARK ROAD STATE COT LEG' PA 16803 + $0 N °° NiORTH r i r it'.AUTHORITY 240 CLEALtwATZE OklVE J.45 N CARL: TA PfUW �'p NORSE INOloI 8 Po IUTR 1►trss'pan rrulLln a CIO annum x.c11 ROY;ESQUIRE Ill .►a 011 ',La_1t7mn ot3 ;o as NM r: Carr lrntaad Comets $0.4s 13 Norelt Htw.ver Sire CartbkF PA 1741,! • "*' famewr watt ofPcnn. am MI raf Wahrd �� P.M 8mc2R7S 14.43 .,PA 19145 I —"so Internal Reveaoe servlee Adaistry La4n t.11erly Aveaoo R a m a y PA 1$2ZT a .a 54.45 .... US.Aftei nmlat.tAll ' Peder.l ll�ror the 6fiddc 1pk4gktotPA 228 Wait week,Ube 2241 "P 01 PO @ax 11754 PA 17106-1754 al N.. s 11 Si .KiI5TA L Total tduenE�yor - saw Member Total lusher Y le+eder Uhl lMember A Pffi;r Paeu ease.,Dr{N.me of The Ail deelduine of v.Le Y Ranh*&O e) .Arlie re�mcoteinsof +atdrdm.ndemmkua��n.eimwciewemt mod_•7�. y w„aatiwntrr:itt P so6JeN to•6raet MINA= dacunic niderklsne.e Meal dixma¢ci ntr+asioe imvnxs is 110.17611 r Ile ep eeier 6dra 7 WY•lrbie il,G ii wl wit u wi vR irmot payable en Mai 6911%.q�h ilia SS14. J ,i` i�` !+r PHELAN HALLINAN,LLP `' 0; ; Attorney for Plaintiff J1 , Ei}fir{,, One Penn Center Plaza 'Erg S d f 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. • CIVIL DIVISION • KRISTA L. STRICKLAND • NO. 12-5829-CIVIL KEVIN M. STRICKLAND • Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, KEVIN M. STRICKLAND, by certified mail and regular mail to KEVIN M. STRICKLAND at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, CARLISLE, PA 17013 and posting 621 CREEK ROAD, CARLISLE, PA 17013-9646 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, KEVIN M. STRICKLAND, with the Notice of Sale at the mortgaged premises, 621 CREEK ROAD, CARLISLE, PA 17013- 9646, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Attempts to serve Defendant, KEVIN M. STRICKLAND, with the Notice of Sale at, 111 SPRUCE AVENUE, CARLISLE, PA 17013 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as there was no response from the Defendant. 5. Attempts to serve Defendant, KEVIN M. STRICKLAND, with the Notice of Sale at, 123 AMY DRIVE, CARLISLE, PA 17013 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service made as the said address is vacant. 6. Pursuant to Pa.R.C.P. 430,Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 7. Plaintiff contacted the Prothontary's Office and as of November 6, 2013, no Judge has previously entered a ruling in this case. 8. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 13, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs November 13, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 9. Plaintiff submits that it has made a good faith effort to locate the Defendant, KEVIN M. STRICKLAND,but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to KEVIN M. STRICKLAND at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and posting 621 CREEK ROAD, CARLISLE, PA 17013-9646 and by publication. Phelan ,, LP DATE: It 12-07/3 By: iIran M. Etkowicz, Esquire D No: 208786 Attorney for Plaintiff • • PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. CIVIL DIVISION • KRISTA L. STRICKLAND NO. 12-5829-CIVIL • KEVIN M. STRICKLAND Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or • (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, KEVIN M. STRICKLAND, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to KEVIN M. STRICKLAND at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, CARLISLE, PA 17013 and posting 621 CREEK ROAD, CARLISLE, PA 17013-9646 and by publication pursuant to PA.R.C.P. 3129.2. ` Phel. in.1 DATE: I ZO(13 By: I ona an M. Etkowicz, Esq., Id. No.208786 • orney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. • CIVIL DIVISION • KRISTA L. STRICKLAND NO. 12-5829-CIVIL • KEVIN M. STRICKLAND Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. KRISTA L. STRICKLAND 1695 DOUGLAS DRIVE CARLISLE, PA 17013 KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND 111 SPRUCE AVENUE CARLISLE, PA 17013 Phelan Hallinan, LLP � I DATE: `V1, bOtp By �f . tkowicz, Esq., Id. No.208786 ���/ Jo Attu y for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#787178 DEFENDANT SERVICE TEAM/lxh. KRISTA L.STRICKLAND COURT NO.:12-5829-CIVIL KEVIN M.STRICKLAND SERVE KEVIN M.STRICKLAND AT: TYPE OF ACTION 621 CREEK ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17013-9646 SALE DATE: December 4,2013 SERVED Served and made known to KEVIN M.STRICKLAND,Defendant on the day of •20 ,at ,o'clock_.M.,at ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race____.......__ Sex Other _ 1, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: _ _......_....... ---........_.................................._............_.......__._...._........................._ PRINTED NAME: TITLE: NOT SERVED On the � day of ^i- 7tc�` 2013,at y o'clock M.,I,y ,a competent adult hereby state that Defendant NO FOUND because: 1 Vacant —,Does Not Exist *Moved _Does Not Reside(Not Vacant) No Answer on at at `_Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to a Amities. BY: PRINTED NAME:_,_,0'"'ism ATTORNEY FOR PLAINTIFF Phelan Ilallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 s AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH I/787178 DEFENDANT SERVICE TEAM/lxh KRISTA L.STRICKLAND COURT NO.:12-5829-CIVIL KEVIN M.STRICKLAND SERVE KEVIN M.STRICKLAND AT: TYPE OF ACTION 111 SPRUCE AVENUE XX Notice of Sheriff's Sale Carlisle,PA 17013 SALE DATE: December 4,2013 SERVED Served and made known to KEVIN M.STRICKLAND,Defendant on the day of ,20 at ,o'clock_.M.,at ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other: Description: Age Height Weight Race Sex Other I . a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ` �.r, 10 N )T SERVED On the f day of '.�sic. 20��,at L0 o'clock M.,I, .t ,a competent adult hereby state tha Defendant NOT FOUND because: Vacant Does Not Exist _Mov°d _Does Not Reside(Not Vacant) 4No Answer on 9 at ' ,{ 1 't � at - l Ft.4Service Refused V Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: .., PRINTED NAME: 144 ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 <`3 Process Server Check List If Service Is Made: Spouses Names if Applicable Wife : Husband: Divorced: Yes ( No ( No Service Made I , Vacant : Yes ( No ( 7( ) 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ( No Left Side : Right Side : s6r) f-ove k 0M& Coako (iE Ho% , 4 . For Sale Sign: Yes ( No (, Realtor Name : Company Name: Phone Number: 5 . Car in Drive Way Yes ( X ) No ( Plate Number: W5ik kxgE p(2- c(v,i (9,09 4u tururzt.0 ock-to 1,Ansr ..secauP C700 Ci-s; Ter, . NO C4 - A-NAV-iez- - (-CAM toliTtWis- -citAC-, eTTTC.-11) PefeNPANT fA^C stvsiurte 0.-VC1/4, To 11/4^NcesME 9•43\AeoW cc"E: °Sr 14CliSE• AFFIDAVIT OF SERVICE(FNMA) PLAIN11Iq' CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#787178 DEFENDANT SERVICE TEAM/lxh KRISTA L.STRICKLAND COURT NO.:12-5829-CIVIL KEVIN M.STRICKLAND SERVE KEVIN M.STRICKLAND AT: TYPE OF ACTION 123 Amy Drive XX Notice of Sheriff's Sale Carlisle,PA 17013 SALE DATE: December 4,2013 SERVED Served and made known to KEVIN M.STRICKLAND,Defendant on the day of ,20_,at ,o'clock_.M.,at ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the 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: NAME: PRINTED NAME: TITLE: 1 N Tµ On the day of (X1C 3C°' -,20 ,at ,'IU a'clock .M.,I, a competent adult hereby state ha` Defendant NOT I°1.lUN `because: Vacant Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY:, ., W_ /�,'"S PRINTED NAME: S_� `Ye1 ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 i EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 787178 Attorney Firm: Phelan Hallinan,LLP Subject: Krista L.Strickland&Kevin M.Strickland Property Address: 621 Creek Road,Carlisle,PA 17013 Possible Mailing Address: (Krista L.Strickland)1695 Douglas Drive,Carlisle,PA 17013 (Kevin M.Strickland)123 Amy Drive,Carlisle,PA 17013 I.CREDTT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Krista L.Strickland-xxx-xx-4844 Kevin M.Strickland-xxx-xx-1403 B. EMPLOYMENT SEARCH Krista L.Strickland&Kevin M.Strickland-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Krista L.Strickland reside(s)at:1695 Douglas Drive,Carlisle,PA 17013 &Kevin M.Strickland reside(s)at:123 Amy Drive,Carlisle,PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Krista L. Strickland&Kevin M.Strickland. B. On 09-25-13 our office made several telephone calls to a possible phone number of the subject(s)(717)254-6317 and received the following information: answering machine. III.INQUIRY OF NEIGHBORS On 09-25-13 our office made several phone calls in an attempt to contact M.J.Strickland (717)218-0189,621 Creek Road,Carlisle,PA 17013:answering machine. On 09-25-13 our office made several phone calls in an attempt to contact Andrea M. Sullivan(717)258-9613,500 Creek Rd Carlisle,PA 17013:answering machine. On 09-25-13 our office made several phone calls in an attempt to contact Elise M. Merrill (717)245-0077,782 Creek Road,Carlisle,PA 17015:answering machine. On 09-25-13 our office made a phone call in an attempt to contact Eleanor M.Chandler (570)867-2257,1698 Douglas Drive,Carlisle,PA 17013: disconnected. On 09-25-13 our office made several phone calls in an attempt to contact Lora J. Bierce (717)249-1658,1703 Douglas Drive,Carlisle,PA 17013:answering machine. On 09-25-13 our office made several phone calls in an attempt to contact Debra J.Smith (717)249-8350,1678 Douglas Drive,Carlisle,PA 17013: answering machine. On 09-25-13 our office made several phone calls in an attempt to contact Charles H.Miller (717)240-0388,124 Amy Drive,Carlisle,PA 17013:answering machine. On 09-25-13 our office made several phone calls in an attempt to contact Wesley J.Young Sr. (717)972-0276,164 Amy Drive,Carlisle,PA 17013:answering machine. On 09-25-13 our office made several phone calls in an attempt to contact George E.Golder (717)241-2277,125 Amy Drive,Carlisle,PA 17013: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-25-13 we reviewed the National Address database and found the following information:Krista L.Strickland-1695 Douglas Drive,Carlisle,PA 17013&Kevin M. Strickland-123 Amy Drive,Carlisle,PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Krista L. Strickland)1695 Douglas Drive,Carlisle,PA 17013&(Kevin M.Strickland)123 Amy Drive,Carlisle,PA 17013. V.OTHER INQUIRIES A. DEATH RECORDS As of 09-25-13 Vital Records and all public databases have no death record on file for Krista L.Strickland&Kevin M.Strickland. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Krista L.Strickland-1981 Kevin M.Strickland--not available B. A.K.A. Krista L.Zimmerman Kevin Michael Strickland;Kevin D.Brenneman *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. t, 4° 4..4) J The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT 667+ 95\� r A if k W M ~ b• ip� Q. A 2. s * * : � A tli k" t;� A 4 'FOB.a $wcti, t-om-41. tzi if 1 r-mg t-ig .): -. rid x r p rA 04 r .5 PO b gp : i iitp ;3, "` w w° ow el F f 2 9, i a i C! igtrg .4. „t b le • . .!..t, 111 D a' e a$.5 i' II. i .. lel' 1 to 'it. E " /lit it L36 tA tA Us I :ir, , ..,. 1 ,.1. .. g ' not �l 't s e , aJ_ >>pm EY 90 s ��s a tic ( i ► TAGS . ==,. ZIP 19103 $ 002.400 v , ., ,€�'+w ""4,0.•k, OZ 1YY oo -,..1..7. . 000 1 381 1 9 1 140V 13. 2013 v 00 • • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania November 13, 2013 KEVIN M. STRICKLAND 111 SPRUCE AVENUE CARLISLE, PA 17013 RE: WELLS FARGO BANK,N.A. v. KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD, CARLISLE, PA 17013-9646 CUMBERLAND County,No. 12-5829-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 20, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan, LLP 787178 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania November 13, 2013 KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE, PA 17013-9646 RE: WELLS FARGO BANK,N.A. v. KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD, CARLISLE,PA 17013-9646 CUMBERLAND County,No. 12-5829-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 20, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 787178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. • • CIVIL DIVISION Plaintiff NO. 12-5829-CIVIL V. • ry-1 -, KRISTA L. STRICKLAND : t KEVIN M. STRICKLAND • Defendants ORDER P , AND NOW,this Z day of N•v 4.-ofe•' , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant KEVIN M. STRICKLAND by: ✓ REGULAR MAIL TO KEVIN M. STRICKLAND at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, CARLISLE, PA 17013 Service by mail is complete upon the date of mailing r....+, #2-3 limy ink i,r4 , Q ,7 n)3 CERTIFIED MAIL TO KEVIN M. STRICKLAND at 621 CREEK ROAD, CARLISLE, PA 17013-9646 and 111 SPRUCE AVENUE, CARLISLE, PA 17013 Service by mail is complete upon the date of mailing POSTING 621 CREEK ROAD, CARLISLE, PA 17013-9646 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH OURT: J. �H# 787178 / CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 KRISTA L. STRICKLAND, and KEVIN M. STRICKLAND 621 CREEK ROAD, CARLISLE, PA 17013-9646 y Ma, ,'l a-7 113 �I /�G I t r H H: OFF fr 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 v. • CUMBERLAND County • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 20, 2012. 2. Judgment was entered on August 27, 2013 in the amount of$186,490.29. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 787178 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated October 29, 2013, amending the judgment amount to $202,628.14. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. 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. 5. The Property is listed for Sheriffs Sale on March 12, 2014. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $171,450.74 Interest Through January 3, 2014 $20,941.40 Late Charges $504.68 Legal fees $1,700.00 Cost of Suit and Title $1,026.45 Property Inspections $225.00 Property Preservation $422.00 Escrow Deficit $8,614.97 TOTAL $204,885.24 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 787178 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 December 23, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that the honorable Kevin A. Hess entered an order for motion to reassess damages on October 29th, 2013. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: /2/2.3 /13 By: John D. , Esquire ATTORNEY FOR PLAINTIFF 787178 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 v. . •: CUMBERLAND County KRISTA L. STRICKLAND : KEVIN M. STRICKLAND • No.: 12-5829-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KRISTA L. STRICKLAND and KEVIN M. STRICKLAND 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 621 CREEK ROAD, CARLISLE, PA 17013-9646. 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. 787178 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 787178 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, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 787178 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). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 787178 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 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 787178 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 787178 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. 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 787178 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 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. 787178 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: IZ2.3I1 3 By: John D. Kr , Esquire Attorney for Plaintiff 787178 • • Exhibit "A" 787178 �� i t E eRO THotio TAnr' PHELAN Adam H. H sLINAN, . No.203034 23+3 AUG 27 A pi 11: /48 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUM3ERLAtit) COUNTY One Penn Center Plaza PENNS YLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PL$ O RISTA L.STRICKLAND : CIVIL DIVISION %lei,* K KEVIN M.STRICKLAND FiQA aU�Y : No. 12-5829-CIVIL qN : 4rr 0y PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T! '/fit ANSWER AND ASSESSMENT OF DAMAGES R01,�,dj, TO THE PROTHONOTARY: , , Kindly enter judgment in favor of the Plaintiff and against 1 t °�M' CKLAND and KEVIN M.STRICKLAND,Defendant(s)for failure to file an Answbi'- '� • ;, s Complaint within 20 days from service thereof and for foreclosure and sale of ' prt�aged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $186,490.29 TOTAL $186,490.29 I hereby certify that(1)the Defendants'last known addresses are 621 CREEK ROAD, CARLISLE,PA 17013-9646. 1695 DOUGLAS DRIVE. CARLISLE, PA 17(ll�.anr1 111 __.. ._. _ SPRUCE AVENUE,Carlisle,PA 17013, and(2)that notice has been given iii accuidnnce with Rule Pa.R.C.P 237.1. Date 3/20 //1� de7pv., Adam H.Davis,Esq., Id. No.203034 Attorn or P1 ' tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . DATE: 61 lg .b PH#787178 PROTHONOTARY 787178 • Exhibit "B" 787178 i• �j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff .• : Civil Division vs. : . CUMBERLAND County KRISTA L. STRICKLAND : KEVIN M. STRICKLAND No.: 12-5829-CIVIL • Defendants ORDER AND NOW,this z' ' day of G}hic.✓ , 2013,upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $171,450.74 Interest Through September 26, 2013 $18,682.04 Late Charges $504.68 Legal fees• $1,700.00 Cost of Suit and Title $973.75 • Property Inspections $280.00 Property Preservation $422.00 Escrow Deficit $8,614.97 TOTAL $202,628.14 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. 4 jrTTyii. BY T E COURT: Z :� • • . rJ `O J,• 11., L . m� ■ s:- :5 (..) 787178 Exhibit "C" 787178 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 December 13,2013 KRISTA L. STRICKLAND KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 RE: WELLS FARGO BANK,N.A. v. KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-5829-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, d., Id.No.312244 Attorney for Plaintiff Enclosure 787178 c- eotet dtz 1. OH e Gs 8 � . - an vo . vi an o 8 ;A per. et v ... sr r N �' 4 a 1 • gl 1111 ma 4. 2101 Pm T0 am 4:8 ‘5.illel e4 i vs iii g i § b 4 t a Ca al i t ow 31 I a ^ x x � o g o x!11 E ii2 (:) 'f ," 5,51i it ,d ro- ; p� '. g ..4 X c , ,w g^ V B ti U : oHZ " 6a ^ 6 8 � �r y� (�] u s vD C ..E a N. d sr4t� �i� ..r f�,� �JN 0 ((�� bi5 c- — OP. Z �G {.) rr V fairly HC ai Wa pie irs .0 c_ • C. .0 * .. yl: f * * .. :... �.. ; 1 t. ... ..t. a N � � Ere -0w C —, N M 'tt If; l u p Z < 0 :.:a r,c r .. 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 • v. CUMBERLAND County KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle, PA 17013 Phelan Hallinan, LLP DATE: 12423 /13 By: John D. Krohn, Esquire ATTORNEY FOR PLAINTIFF 787178 1 ` LA t ^j t . 1 3 i } F,t 1 EN At r i l is .Jii,,; , I j PES 1'1 1Y'ir9i iK 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 KRISTA L. STRICKLAND • KEVIN M. STRICKLAND • No.: 12-5829-CIVIL Defendants RULE AND NOW, this day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. 787178 ohn D. Krohn, Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 �0i/KRISTA L. STRICKLAND STA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE, PA 17013-9646 .0/KEVIN M. STRICKLAND ,A RISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 KEVIN M. STRICKLAND ,-*"..-.....1E 123 Amy Drive Carlisle,PA 17013 Cop 1€s flt 1 l EL 787178 /HI L -11 787178 ;LED- ;'f=Fi OF THE PHI HONGTAR s 2014 JAN 10 AM H OO Phelan Hallinan, LLP Cl�hi3ERL� fD CQI ��! John D. Krohn, Esq., Id. No.312244 PE# SYL.VAMIA °1`1ORNEY 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 • KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 2, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE,PA 17013-9646 CARLISLE,PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle,PA 17013 CARLISLE,PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle, PA 17013 Phelan Hal• , L.P DATE: 1/41114 By: John D. Kro , ,Esq.,Id.No.312244 Attorney fo'Plaintiff 787178 2l4JAN27 f; 17 C EE ,L �laCGUNTy� NNSY L��NIA 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 KRISTA L. STRICKLAND • KEVIN M. STRICKLAND • No.: 12-5829-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 26, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 13, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 787178 3. A Rule was issued by the Honorable Kevin A. Hess on January 2, 2014 directing the Defendants to show cause by January 22, 2014 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 January 7, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 22, 2014. 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: � l"4 By: John D. hn,Esq., Id.No.312244 Attorney for Plaintiff 787178 • Exhibit "A" 787178 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 December 13,2013 KRISTA L. STRICKLAND KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE,PA 17013-9646 RE: WELLS FARGO BANK,N.A. v. KRISTA L. STRICKLAND and KEVIN M. STRICKLAND Premises Address: 621 CREEK ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-5829-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, sq., Id.No.312244 Attorney for Plaintiff Enclosure 787178 C., t�t� MI Z GO �?� £0t6i J .�j* ' '� n ri�r'***ft nr., {' e — - ��\ I g - saMoSAa ild<<39c9od sra �.*., 4 •� C 13 X013 1 2- 1138 8 co 4.1 ioi ulo 1 Ilil I a E 1 ' 2 9 .. y 't3 ya w k $ . .......� ._ .... 81:21.1 rZtb- °ti p+ . a w N ° g1 ax, As+ vi a� z d C4 t E X AN z 0 at CZ m . a A b..3 e> 4 .1 _ , . , . . .et -‹ -tp 0 -tp ...m.t1:A .crl . g ..4 g ti 5 '� D -1) — tog 1t1" 1 w ^ * 44A sU I. •111111 E ee 21' co 0 zd0 I I-. W ,t p - 747,1r". 3rnv�K* s, ar',av - t"f� w �fGlyFY-' s s n wia '"E * 'J. k•t 4 W .. C . Exhibit "B" 787178 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 KRISTA L. STRICKLAND KEVIN M. STRICKLAND • No.: 12-5829-CIVIL Defendants RULE AND NOW,this 07 nx'-L day ofjAtia0/4- 2014,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT & 1 J. 787178 John D,Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE,PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle,PA 17013 CARLISLE,PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle,PA 17013 787178 787178 Exhibit "C" Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1 617 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 KRISTA L. STRICKLAND KEVIN M. STRICKLAND No.: 12-5829-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 2, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE,PA 17013-9646 CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle,PA 17013 CARLISLE,PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle,PA 17013 Phelan Hal tai , L P DATE: ____111114_ By: John D. Kroo 1, Esc., Id.No.312244 Attorney 1� Plaintiff 787178 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 vs. • Civil Division • KRISTA L. STRICKLAND : CUMBERLAND County KEVIN M. STRICKLAND No.: 12-5829-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. KRISTA L. STRICKLAND KRISTA L. STRICKLAND KEVIN M. STRICKLAND 138 ELM STREET 621 CREEK ROAD CARLISLE, PA 17013-9646 CARLISLE, PA 17013-9646 KEVIN M. STRICKLAND KRISTA L. STRICKLAND 111 SPRUCE AVENUE 1695 DOUGLAS DRIVE Carlisle, PA 17013 CARLISLE, PA 17013 KEVIN M. STRICKLAND 123 Amy Drive Carlisle, PA 17013 Phelan Hallinan, LLP DATE: //ZYI/y By: John D. Kr , Esq., Id. No.312244 Attorney for Plaintiff 787178 IL ELI-OFF; r 1(A E HE P CTHO D ARY 2014 JAN 29 PH 3: 06 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY,PENNSYLVANIA PENNSYLVANIA WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County KRISTA L. STRICKLAND KEVIN M. STRICKLAND No.: 12-5829-CIVIL Defendants ORDER AND NOW, this Z 16'day of (14. .7 , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $171,450.74 Interest Through January 3, 2014 $20,941.40 Late Charges $504.68 Legal fees $1,700.00 Cost of Suit and Title $1,026.45 Property Inspections $225.00 Property Preservation $422.00 Escrow Deficit $8,614.97 TOTAL $204,885.24 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. �� B �'E COUlA J . K,t, 1 A J. keu Id ) 't' 787178 �llQ/°470 .''? OF T;IE PROTHONOT. rk PHELAN HALLINAN, LLP 2014 FEB 20 All 10: ! I Attorney for Plaintiff CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. • CIVIL DIVISION KRISTA L. STRICKLAND • NO. 12-5829-CIVIL KEVIN M. STRICKLAND • Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to KEVIN M. STRICKLAND on DECEMBER 9, 2013 in accordance with the Order of Court dated NOVEMBER 27,2013. The property was posted on DECEMBER 13, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phe 3 • -an, LLP DATE: 40, By: / Jo, ichael Kolesnik, Esq., Id. No.308877 y ttorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. ra , CIVIL DIVISION Z x-rt Plaintiff r n c� NO. 12-5829-1C1C� JC' ii- ry :, ? J <c a o-*I X� ICRISTA L.STRICKLAND '37.c--) S=c, — �rrti is KEVIN M. ST CKL ►NI : N 91 Defendants ORDER AND NOW,this -'7 day of `71sW.,w64i ,2013,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant KEVIN M. STRICKLAND by: ✓ _ REGULAR MAIL TO KEVIN M.STRICKLAND at 621 CREEK ROAD,CARLISLE,PA 17013-9646 and 111 SPRUCE AVENUE,CARLISLE,PA 17013 Service by mail is complete upon the date of mailing a...( /a.3 Amy bra'✓e.i ear.1.-s le PA i v 3 ✓ CERTIFIED MAIL TO KEVIN M.STRICKLAND at 621 CREEK ROAD,CARLISLE,PA 17013-9646 and 111 SPRUCE AVENUE,CARLISLE,PA 17013 Service by mail is complete upon the date of mailing ✓ ., POSTING 621 CREEK ROAD,CARLISLE,PA 17013-9646 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2(D). BY THE COURT: 4ii€ e` jj! L , i J. PH#787178 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 KRISTA L.STRICKLAND,and KEVIN M.STRICKLAND 621 CREEK ROAD.CARLISLE,PA 17013-9646 N E. a TT*h V z ebxi a ;U ti Ge We RI% o W o N a o P. I.: C7 . ¢ Q. o 1�• = V P.. 0� {Sw{7a N. � � 2 4z a z h aWoa ea e v W z U awa U . aoaa g o° W c4 cu • U n� QHaQz o a W * * U* * * * * * 1 az c v' O est o ° -°' z a.8 7, ac ,■-•! b L — N M V' vl N : 00 Nti z N w 0 � b G 8 A c aci a fr a. a o z4t o Co) Islommuninumni 1 ,11 1111 11111 1 11 7178 2417 6099 0152 6986 LXH/787178 KEVIN M. STRICKLAND 621 CREEK ROAD CARLISLE, PA 17013-9646 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Quick Tools Track Ship a Package Send Mail Manage Your Mail Enter up to 10 Tracking t Find Find USPS Locations Buy Stamps Schedule a Pickup Hold Mail Tracking" Change of Address Tracking Number: 71782417609901526986 Expected Delivery Day: Wednesday, December 11, 2013 Product & Tracking Information Postal Product: Features: First-Class Mail® Certified Mail" R' r December 30,2013, Delivered PHILADELPHIA,PA 19103 11:00 am December 28,2013, 11:40 Available for Pickup PHILADELPHIA,PA 19103 am December 27,2013, 11:04 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility December 26,2013,6:23 Processed through LANCASTER,PA 17604 pm USPS Sort Facility December 24,2013 Depart USPS Sort LANCASTER, PA 17604 Facility December 24,2013, 12:03 Processed through LANCASTER,PA 17604 am USPS Sort Facility December 14,2013, 12:35 Forward Expired CARLISLE,PA 17013 Pm December 11,2013,8:35 Out for Delivery CARLISLE,PA 17013 am https://tools.usps.com/go/TrackConfirmAction.action?tLabe1s=71782417609901526986 2/7/2014 USPS.com®- USPS TrackingTM Page 2 of 2 / w December 11,2013,8:25 Sorting Complete CARLISLE, PA 17013 am - December 11,2013 , 7:00 Arrival at Unit CARLISLE, PA 17013 am December 11,2013 Depart USPS Sort HARRISBURG, PA 17107 December 10,2013, 10:32 pm Facility Processed through HARRISBURG, PA 171 Q7 USPS Sort Facility December 9,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility December 9,2013,7:45 Processed at USPS pm Origin Sort Facility PHILADELPHIA, PA 19176 December 9,2013,6:30 Accepted at USPS PHILADELPHIA, PA 19103 pm Origin Sort Facility December 9,2013 Electronic Shipping Into Received What's your tracking(or receipt)number? x _ Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM Privacy Policy> Government Services> About USPS Home> Terms of Use> Buy Stamps&Shop> Newsroom> FOIA: Print a Label with Postage> USPS Service Alerts> No FEAR Act EEO Data> Customer Service> Forms&Publications> Delivering Solutions to the Last Mile> Careers> Site Index> ga s r Copyrightit 2014 USPS.All Rights Reserved... https://toolls.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901526986 2/7/2014 1 11 fill II 11 7178 2417 6099 0152 6993 LXH/787178 KEVIN M. STRICKLAND 111 SPRUCE AVENUE Carlisle, PA 17013-0000 --fold here(regular) --fold here(6x9) --fold here(regular) • USPS.com®-USPS Tracking Page 1 of 3 English Customer Service USPS Mobile USPS Quick Tools Ship a Package Send Mail Manage Your Mail USPS TrackingTM Tracking Number: 71782417609901526993 Product & Tracking Information A Postal Product: Features: Certified Mail'' EI DATE A Ttfi+lE STATUS OF ITEM LOCATION February 4,2014,8:14 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility February 4,2014,9:15 am Forwarded CARLISLE,PA February 4,2014,9:13 am Processed through CARLISLE,PA 17013 USPS Sort Facility February 3,2014,8:57 pm Processed through HARRISBURG,PA 17107 USPS Sort Facility February 3,2014, 10:05 Forwarded CARLISLE,PA am February 3,2014, 10:03 Processed through CARLISLE,PA 17013 am USPS Sort Facility February 2,2014,5:53 am Processed through HARRISBURG, PA 17107 USPS Sort Facility February 1,2014,8:33 pm Processed through HARRISBURG,PA 17107 USPS Sort Facility https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901526993 2/7/2014 USPS.com®-USPS TrackingTM Page 2 of 3 DATE TIME STATUS Or ITEM LOCATIOII January 31,2014,9:50 Processed through PHILADELPHIA, PA 19176 pm USPS Sort Facility 1 January 30,2014, 11:27 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility January 30,2014 Depart USPS Sort PHILADELPHIA, PA 19176 Facility January 29,2014,9:41 Forwarded CARLISLE,PA am January 29,2014,9:40 am Processed through CARLISLE, PA 17013 USPS Sort Facility January 29,2014,3:57 Processed through HARRISBURG,PA 17107 am USPS Sort Facility January 28,2014,5:46 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility January 27,2014,5:03 Processed through HARRISBURG, PA 17107 pm USPS Sort Facility January 27,2014, 10:38 Forwarded CARLISLE,PA am January 27,2014, 10:37 Processed through CARLISLE,PA 17013 am USPS Sort Facility January 24,2014,9:06 Out for Delivery CARLISLE, PA 17013 am i January 24,2014,8:56 Sorting Complete CARLISLE, PA 17013 am January 24,2014,8:33 Arrival at Unit CARLISLE,PA 17013 am F January 24,2014,3:28 Processed through HARRISBURG, PA 17107 am USPS Sort Facility January 24,2014 Depart USPS Sort HARRISBURG, PA 17107 Facility January 23,2014,4:50 Processed through HARRISBURG,PA 17107 pm USPS:Sort:Facility 1 What's your tracking(or receipt)number?__________ _ , r Track It - https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901526993 2/7/2014 • 7178 2417 6099 0152 7006 LXH/787178 KEVIN M. STRICKLAND 123 Amy Drive Carlisle, PA 17013-0000 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com®- USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Quick Tools Ship a Package Send Mail Manage Your Mail USPS Tracking TM Tracking Number: 71782417609901527006 Product & Tracking Information A Postal Product: Features: Certified Mail" El i February 5,2014,8:11 Delivered PHILADELPHIA,PA 19103 am February 4,2014, 11:09 Notice Left(No am Authorized PHILADELPHIA,PA 19103 Recipient Available) January 29,2014 Depart USPS Sort PHILADELPHIA,PA 19176 Facility January 29,2014,9:39 Processed through pm USPS Sort Facility PHILADELPHIA,PA 19176 January 28,2014, 11:21 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility January 27,2014,5:59 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility January 27,2014, 10:39 Forwarded CARLISLE,PA am January 27,2014, 10:37 Processed through CARLISLE,PA 17013 am USPS Sort Facility https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901527006 2/7/2014 USPS.com® -USPS TrackingTM Page 2 of 2 January 24,2014,9:06 Out for Delivery CARLISLE, PA 17013 am January 24,2014,8:56 Sorting Complete CARLISLE, PA 17013 am January 24,2014,8:33 Arrival at Unit CARLISLE,PA 17013 am January 24,2014, 3:28 am Processed through HARRISBURG,PA 17107 USPS Sort Facility January 24,2014 Depart USPS Sort HARRISBURG,PA 17107 Facility January 23,2014,4:50 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM Privacy Policy> Government Services> About USPS Home> Terms of Use> Buy Stamps&Shop> Newsroom> FOIA> Print a Label with Postage> USPS Service Alerts> No FEAR Act EEO Data> Customer Service> Forms&Publications> Delivering Solutions to the Last Mile> Careers> Site Index> gar USPSC ,A1' Copyright©2014 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConffrmAction:action?tLabels=71782417609901527006 2/7/2014 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#787178 DEPENDANT SERVICE TEAM!svl KRISTA L.STRICKLAND COURT NO.:12-5829-CIVIL KEVIN M.STRICKLAND SERVE KEVIN M.STRICKLAND AT: TYPE OF ACTION 621 CREEK ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17013.9646 SALE DATE:03/12/2014 "'*PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WTTH TIM COURT ORDER** $1t.V D Served and made known to XEVIN M.STRICKL,D,Defendant on the day of C'"^11C L ,20 L 3 ,at 12:0 o`ciockA.M.,at 6AI REUK ROAD,CARLISLE.PA 17013-9646,in the manner described below: Def ant personally served. Adult family member with whom Defendant(s)reside(s), Relationship is Adult in charge of Defendant's residence who refused to give name or relationship, Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other:, , POSTED THE E`.PROPERTY Description: Age_ Height Weight Race Sex Other I, AVALIPfitYvCev,4j)( a competent adult,hereby verify that I personally posted the property with a true and correct copy Of the Notice 5 Sheriff s.Sale in them MUM as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:(2-( 1,24 NAME i PRINTED NAME: /4‘42(-44..."'44, D, - NOT SERVED, On the day of ,20 ,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _ Vacant _Does Not Exist Moved —Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: • • ,ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq..Id.No.32227 Francis S.Hallinen,Esq.,Id.No.62695 Daniel 0.Schmieg,Eaq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenne R,Davey,Esq.,Id.No.87077 Lauren R.Tabu,Eaq.,Id.No.93337 Jay&Jones;Esq,,Id.N1o.86657 ` Andrew L.Spiveck l=. g Id.No.84439 \\` Ctmsavule/de P.T'llakcla Esq„Id.No.94620 tjvunonay t..Dm,Esq.,Kilo.206779. Marto L Rayon,Esgc;Id.No,203993 John A8.KolePSik,Eeq.,Id.:No.308877, Mattimwt3:13rntiwood.EN.,Id. 310592 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 ILED-O F Cr 1HE PROTIIC* .' 2f14 MAY f5 Phi12:L 116 CUMBERLAND COUNTY PENNSYLVANIA OFF /CZ ;F,KERIFP Wells Fargo Bank, N.A. vs. Case Number Krista L. Strickland (et al.) 2012-5829 SHERIFF'S RETURN OF SERVICE 09/30/2013 02:36 PM - Deputy Brian Grzyboski, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 621 Creek Road, North Middleton - Township, Carlisle, PA 17013, Cumberland County. 09/30/2013 02:56 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Timothy Walde, Boyfriend , who accepted as "Adult Person in Charge" for Krista L. Strickland at 1695 Douglas Drive, N. Middleton, Carlisle, PA 17013, Cumberland County. 12/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kevin M. Strickland, but was unable to locate the Defendant in his bailiwick. He th'erefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 111 Spruce Avenue, Carlisle, PA 17013, defendant does not reside at address stated, current tenant has been there since February 2013. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of, Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $817.82 SO ANSWERS, April 24, 2014 RONNY R ANDERSON, SHERIFF c) ,ouniySuteS eri1 'Fele oft, Inc. LQ N LL'"writ and by this Reference incorporated herein. <')-= < Li M CO :Z^ Lu,�' = Date: August 29, 2013 On August 29, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 621 Creek Road, Carlisle, as Exhibit "A" filed with this By: LZ_LutL. Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-5829 Civil Term, WELLS FARGO BANK, N.A. vs. KRISTA L. STRICKLAND, Kevin M. Strickland Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -5829 -CIVIL, WELLS FARGO BANK, N.A. v. KRISTA L. STRICK- LAND, KEVIN M. STRICKLAND owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, CUMBER- LAND County, Pennsylvania, being 621 CREEK ROAD, CARLISLE, PA 17013-9646. Parcel No. 29-06-0021-159. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $186,490.29. 119 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 5 da of October 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ithe atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2012.5829 Civil Term WELLS FARGO BANK, N.A. vs. KRISTA L. STRICKLAND Kevin M. Strickland Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -5829 -CIVIL WELLS FARGO BANK, N.A. v. KRISTA L. STRICKLAND KEVIN M.STRICKLAND owner(s) of property situate in NORTH MIDDLETON TOWNSHIP CUMBERLAND County, Pennsylvania, being 621 CREEK ROAD, CARLISLE, PA 17013- 9646 Parcel No. 29-06-0021-159 (Acreage or street addresslmprovements thereon: RESIDENTIAL DWELLING Judgment Amount: $186,490.29 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Swor o an subscribed before me is 1 day of November, 2013 A.D. lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 27th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5829, at the suit of Wells Fargo Bank N A against Krista L & Kevin M Strickland is duly recorded as Instrument Number 201410045. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l5 M Olt , A.D. ao I ti Recorder of Deeds, Cumberland County, Carlisle, PA My. Commission Expires the First Monday of Jan. 2018 day of (DCp(fiy Recordef of Deeds