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IN 'THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WEI,[.S FARGO BANK, N.A.
;476 S"I~A"REVIEW BOULEVARD CN1L I)1V[SION
FORM' MILL. SC 2971 ~ q ~~C(
Plaintiff, NO.: ~ o~ • S l ~
vs.
SCO`I~"l~ WAKF,FIELD
I II~:~1~I~I IER VVAK~:FIELD
X11 h'IFI~II S~IREE~I'
Nh:~'~~ CUMRERI.AND. PA 17070-1817
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And no~~~ comes WEl,I_,S EARGO BANK, N.A., by its attorneys, Phelan Ilallinan &
Schmieg. l I,P and tiles this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is W(~;LI.S FARGO BANK. N.A.. 376 SL~A"I~FVII~:W
BO~`I,EVARD. FORM' MILL. SC 29715 (hereinafter "plaintiff')
2. ~fhe Dcfendants, SCOTT WAKF,FIELD and 11FA'fIIER WAKI-~,FIF-;LD, arc
individuals whose last kno~tin address are >ll F(F`I'I1 S'fRl-:E"1~, NEW CI1MB}~~.RI.AND. PA
17070-1817.
~. On or about November 20. 2007. SCOT"I~ WAKEFIELD and I f EA"I'(II-:R
WAKEFIELD made. executed and delivered to MORTGAGE ELEC"IRONIC REGIS"IRATION
SYSI~F:MS. INC. AS A NOMINEE FOR REI.IANC FUNDING GROUP, [NC. a Mont- ~e in
o3~~SP~
~M~ a
o~~-~~,~-v~ (J'~# ~ 0131 SI ~
~.~ ~8 l b3~
the original principal amo~~nt of $126.00.00 on the premises hereinafter described. with said
Mortgage being recorded in the Office of the Kecorder of CUMBEK[_i1ND County in Instrument
No. 20074 X726. The Mortgage is a matter of public record and is incorporated herein by
reference in accordance with Pa.R.C.P. 1019(8), which mile relieves the Plaintii'I• Isom its
obligation to attach documents to pleadings if those documents are of public record.
-I. Plaintiff is the current holder of the Mortgage. By nssignrr~ent of !~'[ortgage
recorded May 8. 2012. the mortgage was assigned to WI~:I,LS FnKGO Bf1NK. N.i~. which was
recorded in the Office. of the Kecorder of CUMBEKi,nND Count}~ in Instrument No. ?0121 X604.
l~he ~lssignrnent is a matter of public record and is incorporated herein by reference in
accordance with Pa. K.C.P. 1019(8), which rule relieves the Plaintiff' from its obligation to attach
documents to pleadings if those documents are of public record.
~. SCOT"f WAKI:'FIELD and EiEA"CHEK WAKEFII~:LD 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 monthiv installments of principal. and interest due May I. 2012.
7. On April l6. 2012, Dclendant(s) were mailed a ?~oticc of Intention to f~~orcclose
Mortgage. incompliance with ~~ct 6 of 1974.41 P.S. ~l Ol, et seq.
8. ns ol• September 14, 2012, the amount due and owing Piaintiff b~ Dcl'endants is
as follows:
Principal Balance $l 19.644.96
~nte re st .Dj,~ 17.J9
04/01 /2012 through 09/14/20] 2
I ,ate Charges $ l 54.48
Property Inspections $90.00
Fscroc~ Deficit x778.>4
Suspense Credit (~9d>•42)
TOTAL x1.23,239.75
062-PA-V2
plus interest and all otl~rer additional amounts autl~rorized under the Mortgage and Pennsylvania
l,aw. actually and reasonably incur~~ed by Plaintiff, including but not limited to. costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves tl~le right to file
a motion in the abo~~e-captioned action to add such additional sr.rms authorir.cd under the
Mortgage and Pennsylvania Law to tyre above amo~ult duc and owing when incr~rrcd.
9. "phis is are in rem action only against the aforesaid mortgaged prerniscs, ilaintiff
is i~ot seeking a judgment of personal liability against the Defendant(s), but reserves its right ~o
do so in a separate legal action if such right exists. if Dcfcrrdarrt(s) have received a discharge of
personal liability under the aforesaid Notc in a bankruptcy proceeding, this action is in no ti~ay an
attempt to re-establish such liability.
WIIERF,}~ORE, Plaintiff den~iands an in rem judgment in mortgage foreclosure for the
amount duc oI~ $12,239.75, with interest thereon plus additional costs (including additional
escrow advances). additional attorneys' fees and costs and for foreclosl.ire. and sale. of the
mortgaged prerniscs.
i1
By: ~--- - ~~ -
Date: ~ ~~ Melissa .I, Cantwell. E~;sq., ld. No.308912
~d~ Attorney for Plaintiff
o~?-Ern-v~
N O'I' I C I~.
You have been sued in Court. If you wish to defend against the claims set fortl~i in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served b~~~ catering 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 arc warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the C_'ourt ~~ti~ithout further notice for any money claimed in the Complaint or I=or any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE TH1S PAPER TO YOUR LAWYF,R AT ONCI~:. (f~ YOU DO
NO~f }IAVF, n LAV~'YER, GO TO OK ~TF,LF,PI ION1-: "CIIF; OFFICh; Sh~I~ FOR I~I I Hf~:LOW.
I'1115 OFFICE CAN PROVIDE, YOU WI~1,lI [NFORMA~I'ION ABOUT MIRING :~1 l.:~WYER,
IF YOl! CANNO~1~ AFFORD TO f I1RE A LAWYER. "I~1iiS OFFICE MAY BL ABLE
10 PFtOVfI)1,; YOU WI~fH INFORMA'I~ION nBOUI~ AGFNCII~:S 'l~llA"l~ ~-1~1Y OF'H~1~:R
LEG.~I. Sh:RVICES "1'O F,1,IGIBLE PERSONS A"I~ A REDUCI?D FEE OR NO F}~1-:.
CUMBERLAND COUNTY AT°I~ORNEY
REFFRRAI_
CUMBERLAND COUNTY BAK
ASSOCIATION
CUMBERLAND COUNTY
COURT'}~IOUSL
2 L.IBERT'Y A VEN U E
CARLISLF„ PA 17013
(717) 249- ~ 166
($00) 990-9108
r~i~ 4 ;os:-,~,
vF:xrFlcaTroN
Damaris Stephanie Beltran, hereby states that h /she is Vice President Loan
Documentation of WCLLS FARGO BANK, N.A., plaintiff in this matter, that h she is
authorized to make this Verification, and verify that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and con~ect to the best of h~s/her,%
information and belief. The undersigned understands that this statement is made subject
to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
,~---
~J
Nance: Damaris Stephanie Heltran
DATE: __~~,~ i~~2o12
~Citle: Vice President Loan Doc~.irneritation
Wells Fargo Bank, N.,A.
086-PA-v 1
t~ilc #: 3084x6
r-oaM I
IN THE COURT OF COMMU:~ PLEAS r-.a
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wl-:LI.S FnRGO BANK. N.n. OF CUMBE'.RLAND COUN"fY. PF:NNSY:1*UAA •-
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IIF:~1I IIf 12 1~'AKF;F'IF-;1_[) ~_~
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Defendant(s) ~ ~ ~~~ivil `.
~,.
~
NOTICE OF RESIDENTIAL MORTGAGF. ..a
_ ~ ~
FORECLOS~RC
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you o~~~n and live iu the residential property which is the subject orthis foreclosure action, yo~.i may be able to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your fender.
if you do not have a lawyer, you must take the following steps Co be eligible for a conciliation conference.
First, ~~~ithin twenty (20) days of your receipt orthis notice, you must contact MidPenn Lcgaf Services at ~? 17) 243-9400
extension 2~ I 0 or (800) 822-5288 extension 2510 and request appointment of a legal representative at nu charge to you.
Once you have been appointed a legal representative, you m-.-st 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 behall; I1 you and yo~.n~ Icgal
representative complete a financial worksheet in the format attached hereto. the legal representative ~s~ill prepare and a
Request for Conciliation Conference with the Court, which must be tiled with the Court within sixty ((i0> days of the
service upon you of the foreclosure complaint If you do so and a conciliation conference is scheduled, you ~~°ill have an
opportunity to meet with a representative of your lender in an attempt to ~,ork out reasonalle arran~~cmcnts with yoiu'
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 MidPe~mn Legal Service for the appointment of a legal
representative. I lowever, you must provide your lawyer with all requested financial infonr~ation so that a loan resolution
proposal can be prepared on your behalf. If you and your lawver 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 tiled
~~~ithin sixty (60) days oCthe service upon you ofthc foreclosure complaint Ihyou do so and a conciliation conference is
scheduled, vuu will have an opporrimity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage Coreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUa HOME, YOU MI.JS'I' ACT QUICKLY AND "1'AKF: THE STEPS
REQUIRED BY THIS NOTICE. THIS PROC:RAM IS FREE.
Respectfully submitted:
L ~~
Date ~
Melissa J. Cantwell. 1-;sy.. Id. Nu.30~91
Attorucv Icn~ Plaintiff
F'OIZM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumber°land County Court of Common Pleas Docket #
130RROWIR RI?QU[~S"I~ FOR HARDSHIP ASSISTANCE
l~o complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while yvorking with your counseling agency. Please provide the following information to
the best of vow' knowledge:
[3orrower name(s):
Property Address:
City:
Is the property for sale'?
Realti~r Name:
13orro~~er Occupied`'
Mailin~~ Address (iidifferent):
City:
Phone Numbers:
F.mall:
of people in household:
- -----
___State: lip: _ _ _ -
Yes ^ No ^ Listing date: Price: $__ ___ _ ___-_
Realtor Phone:
------- ---------- -
Yes ^ No ^
State:___ /,ip:
___- --.
Home: Office: _
Cell: Other:
Hoy,' long?
Mailing Address:
City: _ ------ -~-- State - dip -
Phone Numbers: Horne: Office:
__.__ _- _
Cell: Other:
f~mail:
# of people in household:
~_ _ How long?
First 'Mortgage Lender:
ype of L.i~an _.__----~ s~ -~ .~-__~~ --~- - _
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
~I otal Mortgage Payments Amount $__ ______ Included I~axes & Insurance:
Date of Last Payment:
Primary Reason for Default:
is the loan in E3anl<ruptcy? Yes ^ No ^
I I ~-es_ Provide names. location of court, case number & attorney':
Assets Amount Owed: Value:
Home: $
- ~~-~~~~-~ $
Other Real latate: $ $
Retirement Funds: $ $
Investments: $ $
C h eC ~ l l l `~: ct
`~ - ------ ~--------- - -- -
SabingS: ~----------- ~
O(~lel':
~ c
~
.P
Automobile#l: Model: ___ Year:_
Amount owed: _ _ _______ Value: _ _
Automobile #2: Model: _
- Year:
----- -
Amount owed: Value:
Other U_an~~rtation automobiles, boats~rnotorcycles : Model:
Yeal Amount owed: Value
Monthly tncomc
Name of L;mployers:
l . ___ __Monthly Gross_ Monthly Net
Monthly Gross Monthly Net
___ - -
Monthly Gross__ Monthly Net
additional Income Description (not wages):
1 . monthly amount:
monthly amount:
Bon°o~~er I' ~~~ Days: Co-Borrower Pay Days: _-___-_ __
lVlor>tthly Expenses: (Please only include expenses you are currently paying)
I.XPI N51~:
AMOl;N1 - ---~
EXPENSE ~ AMOU1~
Mortgage _ Food ~
'°`I Mohi~ar~. _ Utilities
Car P1~ment(s) Condo/Nel:;h Dees i
luto Insurance Med. not covered ___
Auto fuel/re~)au•s_ _
- __ __ _Other prop. payment
-_
Install Loan Payment - ~ Cable ~I~V
(_~hl~d ~U~OII A~1111 1
lylone~ I i
s )end111~ -
C ---
Dav'( hl~d ~ ate/ ~ Ult ---- --- - --~ - ---
_
Ot~lei ~ xpenSes
Amount Available for Monthly Mortgage Payments Based on tncomc & Expenses:
Have you been ~~orking with a Housing Counseling Agency`?
Yes ^ No ^
Il~yes, please pruvide the following information:
Counseling Agency. __ ___
Counselor:
Phone ((:~fl ice): _ _ _ __ Fax:
(:mail
Have vo-- made application for Homeowners kmergency Mortgage assistance Program (L#I:MnI')
assistance'?
1'es ^ Nu ^
Ilves. 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 ^
1 f ves. please indicate the status of those negotiations:
Please pro~~ ide the following information, if known, regarding your lender and lender's loan servicing
compan~~:
Lender's Contact (Name):
Phone:
Servicing Company (Name):-- - _._
Contact: Phone: ___
~; wee _ __ _ .authorise the above named
to use/refer this irwfonnation to imp lender/services for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named ..
I3ot•rowcr Signatl.rre
Date
Co-Horrower Signati.ire [)ate
Please for~~~ard 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
:,. Letter explaining reason Por delinquency and any supporting documentation (hardship
letter)
G. [,fisting agreement (if prope--ty is currentl~~ nn the marizet)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE C'iFT"~ cKRIFF
'1012 OCT 16 AM 9: O 1
CUMBERLAND CUUN f Y
PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Scott Michael Wakefield (et al.)
Case Number
2012-5900
SHERIFF'S RETURN OF SERVICE
10/02/2012 03:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October
2, 2012 at 1526 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: Scott
M. Wakefield, by making known unto Heather N. Wakefield, Wife of Scott M. Wakefield at 511 Fifth
Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RYAN BURGETT, DEP
10/02/2012 03:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October
2, 2012 at 1526 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:
Heather N. Wakefield, by making known unto herself personally, at 511 Fifth Street, New Cumberland,
Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the
said true and correct copy of the same.
SHERIFF COST: $61.00
October 10, 2012
RYAN BURGETT, DEPbPrY
SO ANSWERS,
RON R ANDERSON, SHERIFF
+c) CountySuite Shenff, Teleosott, Inc.
~ ;.'-i t .
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
vs.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
~~~~',+ ~,r'~ ~ ~:~4 ~~:: ~ w~Attorney for Plaintiff
~I CJ a
~ e~ ~L_rii Q
i " ~ ;~ ' I '
_ ~ t . ~~~ r
~dsr
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 12-5900 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 SCOTT WAKEFIELD and
HEATHER WAKEFIELD, Defendants for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff's damages as follows:
As set forth in Complaint
TOTAL
$123,239.75
$123,239.75
I hereby certify that (1) the Defendants' last known address is 511 FIFTH STREET,
NEW CUMBERLAND, PA 17070-1817, and (2) that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date
~ JQf;a~fhan Lobb, Esq., Id. No.312174 `,,, a
ttorney for Plaintiff A~ 41V.b"[""
~.~~ aso~` 3
DAMAGES ARE HEREBY ASSESSED AS INDICATED. "~ 0?,8310SV
o~~ ~~d
DATE: ~ 30 ~Ol w
ROTHONOTARY
308456
Results as of :Nov-29-20120.5:44:51
Department of Defense Manpower Data Center
SCRA 2.3
aii~l
Ft~st #c- ~ervieeme~bers civil belief t
Last Name: WAKEFIELD
First Name: HEATHER
Middle Name:
Active Duty Status As Of: Nov-29-2012
On Acdve Duty Dn Actlve Duty Status Date
Active Duly Start Date Active Duly End Data Status Service Cwrpmar+t.
NA NA No NA
This response reflects flte ktdividuals' active dutyatalue based on the Ac9ve Duly Status Date
leR AcOve DutyWilMn 387 Days or Acflve Duly Status Date
Active Duty Start Date ActiYe Duty End Dale Slaws Servbe Component.
NA NA No NA
This response reflects where lha Individual left active duty status wfWn 307days preceding the Alive Didy Statue Date
The AAember or His/Her UnN Was fVotMed of a Future Cs11-Up to Acfi~ Duly on /uiNe DAM Stable Date
Order Notification Start Date Order Notiflcation End Dais Status Servloe Component
~ ~ ryo NA
This response reflects whether the fndivldtrei of ttialtter unit hearecelved early nodflcatlon to report for active duly
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 blether unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Results as of :Nov-29-2012 05:43:12
Department of Defense Manpower Data Center
SCRA 2.3
~~~~! ~~
Fs~a~t to ~tc~~clr~ne~b,~ civil ~Lel~f t
Last Name: WAKEFIELD
First Name: SCOTT
Middle Name:
Active Duty Status As Of: Nov-29-2012
On Actlw Duty On Acute Duty Statue Date
Active Duty Smart Date Active Duty Erd Date Status Service Component
NA NA No NA
This response reflect die 4xlfvlduala' acive duty-statue based on the Active Duty Status Date
Left Active Duty VYItNn 367 Days. of Actlve Duty Status DaM
Acute Duty S1art.Data Active Duly ErM Date Status Service Component
NA NA No NA
This response reflects where tl1e Individual left active duty status within 367-0ays precedirq the Adive Duty Statue Date
The Member or HIs/Her UMt Was Notlfled of a Future CeIFUp to Acflve Duty on Active Duty Stadia Date
Order Notificatlan Start Date Order Notiflcatbn End Date Status Serve Component
NA NA No NA
This response reflects whether the Intlividuai or hielher unit hes received early rwtlflFatlort 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.
w
~~ ~'""
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
vs.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 12-5900 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 defendants aze not in the Militazy 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 SCOTT WAKEFIELD is over 18 years of age and resides at
511 FIFTH STREET, NEW CUMBERLAND, PA 17070-1817.
(c) that defendant HEATHER WAKEFIELD is over 18 years of age and resides
at 511 FIFTH STREET, NEW CUMBERLAND, PA 17070-1817.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date ~ j °
Jo an Lobb, Esq., Id. No.312174
A orney for Plaintiff
308456
(Rule of Civil Procedure No. 236) -Revised
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
vs. COURT OF COMMON PLEAS
SCOTT WAKEFIELD CIVIL DIVISION
HEATHER WAKEFIELD
No. 12-5900 CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on ~ \ ~D ~a'
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevazd, 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 BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
308456
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
Defendant(s)
TO: SCOTT WAKEFIELD
S 11 FIFTH STREET
NEW CUMBERLAND. PA 1 7070-1 8 1 7
DATE OF NOTICE:__~1 I,t~.(~1~--
NO. 12-59011 CIVIL
CUMBERLAND COUNTY
THIS FIRIVl IS A DEBT COLLECTOR ATTE;vIP'T`I1~rG TO COLLECT .4 DEBT. THIS NOTICE
IS SENT TO YOLI PV AN ATTEMPT TO COLLECT THE Il~?DEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAiIti'ED FROM YOU WILL BE USED FOR "T'HA'T
PL1RP(3SE. IF YOLI HAVE PREVIOUSLY R.F'CEIVED A DISCHA:RGF. IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT A.'~ID SHOULD NUT BE CONSTRUED TO BE A'v
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINS`T`
PROPERTY.
L'VIPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR.I'ITEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTl'ING WITH THE COURT
YOUk DEFEI~'SES OR OBJECTIONS TO THE CLAIIti1S SET FORTH AGAINS'T' YOU. LLNLESS 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 LAW~'ER; GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU W1TH INFORMATION ABOUT IIII2ING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICF_. MAY BE ABI.,E TO
PROVIDE YOU WITH it~IFORMATION ABOUT AGENCIES TI-IAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
{.}fficc cf the Pratharuitarv
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717)240-6195
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTI-IOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-31.66
By; _ .r ~,~!~
h n Labb, Esq., Id. Na.312174
ntTtey far Plaintiff
Phelan Hallman & Schtnieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 3U845b
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff CIVLL DIVISION
v.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
Defendant(s)
TO: HEATHER WAKEFIELD
51 I FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
DATF, OF NOTICE: _j_j~~~ 2_
NO. 12-5900 CIVIL
CUMBERLAND COUNTY
THIS FIltM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOIJ IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMA'T'ION OBTAINED FROM YOL' WILI. BE USED FOR THAT
PURPOSE. IF YOLI HAVE PREVIOtISI..Y R1C:EIVED A D1.SCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT ANI~ SHOtJLL) NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLI_,ECT A DF,BT, BUT ONI.,Y AS ENFORCEMENT OF I.:IEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE iN DEFA[TLT BECALSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR B1' AT'TOKNEY AND FIL,F. 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 NO"TICS, 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 YO[JR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE 'THE OFFiC.E SET FORTH BELOW. 'TH1S OFFICE
CAN PROVIDE YOt.J WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH 11`'FORMATION ABOUT AGENCIF,S THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717)240-0195
Ci.JMBERLAND COUNTY BAR
ASSOCIATION
C°UMBF..RLAit`D COUNTY COURTHOUSE
2 LIBER'I"Y AVENUE
CARLISLE, PA 17013
(717)249-3166
J an Lobo, Esq., Id. No.312174
tarney for Plaintiff
Phelan Hallir~ar & Schmie~, I.1.P
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philar`<elphia, PA 1911}3
PHS # 30$45f~
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310724L'a rai' ' ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 �, t v l rw ; !
One Penn Center Plaza r 11tS'Y'LValr
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 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 24,
2012.
2. Judgment was entered on November 30, 2012 in the amount of$123,239.75. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However,new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on June 5,2013.
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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 $119,644.96
Interest Through April 11, 2013 $7,990.03
Late Charges $154.48
Legal fees $1,875.00
Cost of Suit and Title $903.25
Property Inspections $150.00
Mortgage Insurance Premium/Private Mortgage Insurance $243.53
Mortgage Insurance Premium to be paid prior to June 5, $104.37
2013
Escrow to be paid prior to June 5,2013 $695.64
Escrow Deficit $1,331.55
Suspense/Misc. Credits .......-,($945.42)
TOTAL $132,147.39
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. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on March 20, 2013and
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. No judge has previously entered a ruling in this case.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: ✓ By:
#O 'ORPLAINTIFF re
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Phelan Hallinan, LLP
Zachary Jones, Esq., Id.No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 CIVIL
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
SCOTT WAKEFIELD and HEATHER WAKEFIELD 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 511 FIFTH STREET,NEW CUMBERLAND, PA 17070-
1817. 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,
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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.
11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of ajudgment 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 Guaran ty Trust Co. of N.Y. v.Mowl,705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Cioqg&407 Pa.Super. 171,595 A.2d 179(1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d
826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
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Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
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.
Ill. 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
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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. PaR.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 Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
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,
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V1. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date,including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents,preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment,the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetn r,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
n
RLalty, 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.
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V11. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the 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.
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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.
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Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE:
By:
Za e squire n
o ai
X,lain tiff
308456
Exhibit "A"
308456
i ILFp-CIFFIC--
r= THE PROTHONOTARY
PHELAN=b,EsqAwN'-V9R71M 10: 32 Attorney for Plaintiff
Jonathan L
1617 JFK Boulevard-j{} COUNTY
One Penn Center Plaza KNNSYLYANIA
Philadelphia,PA 19103 " t'
iii
215-563-7000 P xJ`LEASE .—
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
SCOTT WAKEFIELD CIVIL DIVISION
HEATHER WAKEFIELD
No.12-5900 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 SCOTT VUlMaELD and
HEAD.WAKEFIELD.Defendants for failure to file an Answer to Plaintiffs Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and
assess Plaintiffs damages as follows: ,t
As set forth in Complaint � A ,239.75
TOTAL $123,239.75
I hereby certify that(1)the Defendants'cast lmown address is 511 FUTH STREET,
NEW CUMBERLAND,PA 17070-1817,and(2)that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date (1112—
_f
JOAM Lo=b,Esq.,Id.No.312174
ttorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
1t �r,.� r'° ."
DATE: ,
PROTHONOTARY
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Exhibit "B"
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PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia,PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania and New Jersey
March 20,2013
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
RE: WELLS FARGO BANK,N.A. v. SCOTT WAKEFIELD and HEATHER WAKEFIELD
Premises Address: 511 FIFTH STREET NEW CUMBERLAND,PA 17070
CUMBERLAND County CCP,No. 12-5900 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 3/26/2013
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly you;
7- ry he ..Esq., Id.No.310721
rrt for -lairitiff
€3C is We
308456
Name and Phelan Hallinan,LLP
Address 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza
Pidiadelphia.,PA 19103 KV'M
...................................
Number Name of Addressee,Street,and Post Office Address
Line Article Postage
! SCOTT WAKEFIELD S0.46
HEATHER WAKEFIL
1 511 FIFTH STREET
NEW CUMBERLAND,PA 170-30-181
.............
...............
RF-. SCOTT WAKEFIELD(CUMBERLAND) PIIS 308456/1200 Pale I of 1 $0.46
................................
Total Number of
Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and imurnatianal repswed mail.Titc m
Pieces Listed by Sender S Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction
piece subject to a limit of 5500,000 per occurrence The maximum indemnity payable on Expre!
The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. S
R900 S913 and S921 for limitations of wvcmPc,
Form 3877 Facsimile
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Phelan Hallinan, LLP
Zachary Jones,Esq., Id.No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 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.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
Phelan Hallinan,LLP
DATE: �! /� BAT Zaary
squire
0
OR PLAINTIFF
308456
AFFIDAVIT OF SERVICE(FHI.MC)
PLAINTIFF CUMBERLAND COUN'T'Y
WELLS FARGO BANS,N.A.
P13S#308456
DEFENDANT tiS, R)MM TEAM/1%h
SCOTT WAKEFIELD COURT NO.:12,5900 CIVIL
HEATHER WAKEFIELD
SERVE HEATHER WAKEFIELD AT: TYPE OF ACTION
511 FIFTH STREET XX Notice of SherlfPs Sode
NEW CUMBERLAND,PA 17070 61817 SALE DATE: June 5,2013 ,
•-thin � _.
SERVED
and made known to
,Defendant on the day of 20 t `
o'clock��M,at 11 f ST ,in the manner described below:
Deferndatnt persoaauy saved. f"" �'"
Adult family member with whom Defendant{s}reside{s}. p `
Relationship is '"'c4i)
_Adult in charge of Defendant's residence who refused to give name or relationship. F.
_ Manager/Clerk of place of lodging in which De&ndant(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 S+r Weight k Race��WSejc„�Other
I, "� __ _,a competent adult,hereby verify that I personally handed a true and correct copy of the
N Sheri ' ,.Salo in the manner as set forth herein,issued in the captioned case on the date and at the address
indicated above. l understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to
unsworrn falsification to authorities.
DATE: (� NAME: ���
PRINTED NAME: �� �tCou
TITLE: f
NOT SERVED
On the dory of ,2Q_,at o'clock_.M.,I, a competent adult hereby
state tha- endant NUY FOUND) 'ecause:
_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
AFFIDAVIT OF SERVICE(FHLMC)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PHS#308456
DEFENDANT SERVICE TEAM/lab
SCOTT WAKEFIELD COURT NO.:12-5900 CIVIL,
HEATHER WAKEFIELD rrq t +
SERVE SCOTT WAKEFIELD AT' TYPE OF ACTION r
511 FWM STREET XX Notice of Sherifrs Sale
NEW CUMBERLAND,PA 17070-1817 SALE DATE: June 5,2013
(7*-
SERVED
erNr, and made known to W Defendant on the day of 20 at
' e'clock clockf2 M.,at in the manner described below:
Defendant P=oually 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 13D� Race�r—ESex-F—Other
L ", K �' ,a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sate in the mama 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:21-1-10f3 NAME-..
PRINTED NAME. AN906Kt* PC CCtM.
TrILE:
NOT ZKVED
On the day of 20 at o'clock M.,I a competent adult hereby
state tha-tTifendant NUr FOUND��use.
Vacant —Does Not Exist Moved Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
BY:
PRINTED NAME:
AQRNEY FOR PLAINTIFF
Phelan Hallinan,L
1617 JFK Boulevard,Suite 1400
One Penn Center Phu
Philadelphia,PA 19103
(215)563-7000
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT WAKEFIELD,
HEATHER WAKEFIELD,
DEFENDANTS NO. 12-5900 CIVIL
ORDER OF COURT
AND NOW, this Td day of April, 2013, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before April 24, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
r-r- 7l Vn
M. L. Ebert, Jr.,
✓Zachary Jones, Esquire
Attorney for Plaintiff
;i
v Scott Wakefield
✓Heather Wakefield
Defendants
bas &ta,
,�ji l
tJ
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's April 3, 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.
SCOTT WAKEFIELD C=-0:1 _
HEATHER WAKEFIELD �
511 FIFTH STREET M
NEW CUMBERLAND,PA 17070-1817 -<:r> 8°
c
=o ter,
Phela allit , LLP
DATE: -(. l3 By:
2 Jo than 1V1. Etkowicz, Esq., Id. No.208786
orney for Plaintiff
308456
PHELAN HALLINAN,LLP Attorney for Plaintiff '
Meredith Wooters,Esq.,Id.No.307207
1617 JFK Boulevard,Suite 1400 - co.
One Penn Center Plaza _
Philadelphia,PA 19103 w C-3
21.5-563-7000 '°
IN THE COURT OF COMMON PLEAS `C E5 c:)'
OF CUMBERLAND COUNTY,PENNSYLVANIA '` �y
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
V.
CIVIL DIVISION
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 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 LienhoIders
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".
IMA 1)4,014 I�A�W
Me a ith Wooters,Esq.,1 .No.307207
Attorney for Plaintiff
Date: t
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may,not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PHS##308456
Name and Phelan Hallinan.LLP
Addrm 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Pin=
Philadelphia,PA 19103 A2K)MIC-06M5.12013 SALE
Line Article umber Name of Addrmet,Sirte Kc Address rostaAc
and Post*ff -
I TENANTA)CCUPANT 30.44
511 FIFTH SUREtJ
NEW CUMBERLAND,PA 17070-1817
2 DOMESTIC RELATIONS OF $0.44
CUMBERLAND COUNTY
13 NORTH HANOVER STREET
£ARLISLE PA 17013
3 COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OFWELFARE rrr
P.O.BOX 2675
HARRISBURG,FA 17105
4 INTERNAL REVE14UE SERVICE ADVISORY $0.44
1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
5 U.S.DEPARTMENT 4FJUST10E
U.S.ATTORNEY FOR THE MIDDLE DISTRICT OFPA
FEDERAL BUILDING
228 WALNUT STREET,SUITE 220
P0 BOX 11754
HARRISBURG,PA 17108-1754
52.20
T10I)imbnof
WmaWed by Saida atodvN m Port 0111we Reo"rg enpbyco for twomow6m imunmis ssoPwpu
RM S913*W S923(3r
Fonn 3M Facsimile
r i IL
I 1 11-,0 U 0 TAR Y
2013 JUN 10 pM 1: 15
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN,LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff, Tenn
VS.
SCOTT WAKEFIELD No.2012-5900-Civil
HEATHER WAKEFIELD Cumberland County
511 FIFTH STREET
NEW CUMBERLAND, PA I7070-1817
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 24, 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 May 1, 2012, and each month thereafter. A true and correct copy of the Complaint
is attached hereto, made part hereof and marked as Exhibit A.
2. On October 2, 2012, Plaintiff completed service on Defendants of the Complaint
in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
attached hereto, made part hereof and marked as Exhibit B.
308456
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60)days of service.
7. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently
proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program
on November 30, 2012.
8. Defendants received service of the Complaint, had an opportunity to enter the
Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to
take no action whatsoever with respect to this matter.
9. Since Defendants have opted not to participate in the Diversion Program or
litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tune and
the judgment confirmed.
308456
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted
nunc pro tunc, and the default judgment entered November 30, 2012 is hereby confirmed.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: BY:
Tosep P chalk, Esquire
Attor ey for Plaintiff
308456
Exhibit A
c:
N
sop
V;s: C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 - - • C../4- t
Plaintiff, NO.. `' -..`, L�&
VS.
SCOTT WAKEFIELD
We hereby cetj,,the
withi,�p, t
HEATHER WAKEFIELD correct . and
511 FIFTH STREET Pi��.-.. ..�.11IC� On i `he
NEW CUMBERLAND,PA`17070-1817 n81�iicu a� ,ccord
Defendants.
C1V11L 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.
i
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff").
2. The Defendants, SCOTT WAKEFIELD and HEATHER WAKEFIELD, are
individuals whose last known address are 511 FIFTH STREET, NEW CUMBERLAND, PA
17070-1817.
3. On or about November 20, 2007, SCOTT WAKEFIELD and HEATHER
WAKEFIELD made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS A NOMINEE FOR RELIANT FUNDING GROUP, INC. a Mortgage in
062-PA-V2
the original .principal amount of $126.500.00 on the premises .hereinafter described, with. said
Mortgage being recorded in the Office of the Recorder of CU.MBER.LAND County in Instrument
No. 200743726. 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. By Assignment of Mortgage
recorded May 8, 201:2, the mortgage was assigned to WELLS FARGO BANK., N,A. which was
recorded in the Office of the Recorder of CUMBERLAND County in instrument.No. 201213604:
The Assignment 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.
5. SCOTT WAKEFJELD and HEATHER WAKEFIELD 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 May 1, 2012.
7, On April 16, 201.2, Defendant(s) were mailed a Notice of intention to Foreclose
Mortgage,in compliance with Act 6 of 1974,41 P.S. §101, et seq.
8. As of September 14, 2012, the arnowit due and owing Plaintiff by Defendants is
as follows:
Principal Balance $119,644.96
Interest $3.,517.39
04/01/201.2 through 09/14/2012
Late Charges $154.48
Propelty Inspections $90.00
Escrow Deficit $778.34
Suspense Credit ($945.42)
TOTAL 5123,239,75
062-PA-V2
plus interest and all other additional amounts authorized under the .Mortgage and Pennsylvania
Law, actually and reasonably iricutted by Plaintiff including but not limited to, costs (including
escrow advances) and .Plaintiff s attorneys' fees and expenses. Plaintiff 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. Tbis is an in rem action only against the aforesaid mortgaged premises. Plaintiff
a.tt;#il?,ir2�.t7a��riwlr;l 'r�+:l }.Grlail:t �rgirst: cJtc,iJ ,.� .�tda7 i � . lii 0
do so in a separate legal action if such tight exists. If Defendants) have received a discharge of
personal liability under the aforesaid Note in a bankruptcy proceeding,this action is in no way ate.
attempt to re-establish such liability.
WHEREFORE, Plaintiff demands an ih rem judgment in mortgage .foreclosure for the
amount due of $123,239.75, 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.:
� .
Y
.Date, Melissa J.'Cantwell,Esq.,Id, No.308912
Attorney for Plaintiff
. . . . . . . . ... . . . . . . . . . . .........._..... . . . . ... ....... . . . . . . . . . . . . . . . . . . . .
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 witbi.n twenty (20) days after this Complaint and Notice
are served by enteri.n.g a wri den appearance personally or by attorney and fi.li.ng 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 furtber notice for any money claimed in the Complaint or for any other
clai.ro or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE T HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 00 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., TINS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH I 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 COt.ThTTY
COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File 9: 309456
......... . . . . . . . ... . . . . . . . . . . .........._..... . . . . ... . . . . . . . . . . . . . . . . . . . . .
LEGAL DESCRIPTION
ALL THAT CERTAIN lot oi-parcel of ground, situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania. having thereon erected a two-story brick
dwelling liouse,No. 511 Fifth Street, more particularly bounded and described as foflows, to wit:..
RE;ING Lots No_[1 aiid 1.2; .Block 'S',.Plan No. 2 of Rosemont, as recorded in Cumberland
LOT NOS. 11 and 12 on the northern side of Fifth Street between Geary Avenue and Eutaw
Avenue, beginning at a point on the northeast corder of Fifth Street and Eutaw Avenue,
extending thence in an eastwardly direction along the northern side of Fifth Street, fifty (50).feet
to a point; thence in a northwardly direction on a.line at right angles to said Fifth Street, one
hundred forty (140) feet to a point; thence in a westwardly direction on a.line parallel with said
Fifth Street, fifty (50) feet to a point, thence in a southwardly direction on a line at right angles to
said Fifth Street, one hundred forty (140) feet to a point on Fifth Street, to the place of
BEGINNING.
PROPERTY ADDRESS: 411 FIFTH.STREET,NEW CUMBERLAND, PA 17070-1.817
PARCEL#25-24-0$11-153.
Filed,; 308456
r
VER1 F'IS'ijlTl.O t
Da.niaris Stephanie Beltran, hereby states that,h :,.��7� ; Vice President Loan
Documentation of WELLS FARGO BANK.,N.A., plaintiff in this matter., that h ishe 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 bj ,
information and belief, The undersigned under stands that this statement is made subiec C...,.
to the penalties of 18 Pa. C.S...Sec. 4904 relating to rinsworn falsifica.t.iun to authoritie's.
..................e..............,.,.
Narne: Datz.iaris Step.h iiie Boltratl
DATE: ���t.t�✓ I�, 2r�r2
Title: Vice President Loan Documentaticiri
Wells Fargo Bank,N.A.
086-PA.-v1 File, i4: 308456
. . . . . . . . . . .... . . . . . . . . . ... .......I. . . . . . . . ... . . . . . . . . . . .............. . . . . ... ..........,....:.:. . . . . . . . . . . . . . . . . . . . .
FORM 1
IN THE COURT OF COMMON PLEAS
WEI,.LS FAR6O13ANK,'KA.. 01 CUME3GRLAND COUNTY, PENNSYLVANIA
Plaintiffs}
vs.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
Defendant(s) .Civil
NOTICE OF RESIDENTI.A.L 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 resi c property which is t is subjec[of this 1`orectosurc action,you inay bz`able cU— - "`�"`
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 youf rieceipt of this notice;you mustcontact'MidPi ihn 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 heen 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 al I
requested financial information so that a loan resolution proposal can be.prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative ofyour.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 o f: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 ofyour lender in an attempt to work out reasonable
arguments with your lender before the mortgage; foreclosure suit proceeds forward.
Ili•YOU'VaSH TO SAVE YOLK HOME,YOU,MUST ACT QUICKLY ANA TAKE TIIE STEPS
REQUIRED I THIS NOTICE. 7'H IS PROGRAM IS FREE:
Respectfully submitted;
l:
Date
min l'issa I.Cantwell, f:sq,* Id.No.308912
Atto hdy'for Plaintiff'
1<.ORM 2
Cumberfand Cournty Resi.dentift :tNlort age Foreclosare Diversion Prograin
Financial Worlrshect
Date
Cumberland COU14,EUrt of C:onimon Pleas Docket#..
BOR.ROA/tR REQUES7''50K HARDSHIP ASSISTANCE
To complete yourrequest.for hardship assistance, your lender must consider your 0rcurnstances to determine
possible options while working with -our counseling agency, Please.provide t:he following information to
the best of your knowledge:
t }I
. ..-. . - .
Borrower name(s): . . . ...
Property Address: _
Gity: ... .... � State; Zip:.
Is the property for sale? ; .es Q No Listing date: Price: $.
Realtor Narne:
. W . . . . . Realtor Phone:.
Borrower Occupied? Yes n N o
-- –
[�
Mailing Address(if different
City; .......m..._.w�State: Zip:
Phone Numbers: Home: Office:.
Cell: .. . . . ..
....... ..��_: Other- ..__-. .
Email: .. . . . . .. . . . ..............
:................. . . .
..__
#of people in household: Novi%_lnn
_ . _. .. g?.... . ......... ... ......... ..
F .. .
......... ................. ..... ..... ......... . . ... . . ... . . . ... ................. ...
Mailing Address::
City: State: Zip:.�� _.....
Phone Numbers:
Cc]i; Other:
#of:E)eople in household; ... How.long?....... .
first Mortgage Letuler-: ................... . .. .......
Type of Loan: - . ...
...... . . . . .. .
Loan Number: Date You Closed Your.Loan: �_... ._.._�.<.<_.
Seeond.Mortgage Lender:.•-...
. .:... .
Type of'Loan:
— T
Loan Number.; �..w�....... ....- �.
Total Mortgage Payments Amount: $, Included Taxes R.Insurance:
Date of Last Payment: .
Primary Reason-for Default:
... . . . . ... .......... . . . . . . . . . . . . . . . . . . .
is the loan•in Bankruptcy? Yes[] No d
If.yes,provide names, location of court,case number&attorney.-.::. ,
Home:
Other Real Estate: $ $�
(retirement Funds: $ $ ......•W. , ,.,,.. �..
Investments:
Checking;
.Savings: . $L . -. ...
Other:
Automobile#1: Model; Year:
Amount owed.: _. . . . ..... . ... Value::. . .....
Automobile 02; Model:
Amount owed: Value::
Other-transuor-tatioii(autornobites boats-mgtorcyales_ Model,:::........: ..... .w .
Year; Aims,owedk: Value
Monthly Income
Name of Employers:
l - -.„--r.,-,---Monthly Gross . . ........ ........-Monthly N�t . .....
..
Monthly Gross ............. ..:., . Monthly Net
3< Monthly Gross ... ... Monthly Net
....... .............. . .t.
Additional Income Description (not wages):.
1.... monthly amount:_.
Borrower Pay Days:. A �y_ Co-Borrower Pay nays:
Monthly Expenses:(Please only include expenses you are current 3y paying)
l� Yl'hi 1Sf. �_.n ....... . . .•.. . . 'AMOUNT.1jLV1 E ' .
rood F1-
i 2' Mortgage Utilities_
Car Pay meat s
.,,.e {,�T_: CotidofNei 4h Fees
Auto Insurance I _ Med.(rcpt covered}:
Auto fuel/repairs t Other pron. pavinent
liista l..LoanPaymont: ._ .� _.,... . . . . Cable TV
........ . . ... ...
. f hild{ u ort/Alrm. Spendin Mony ,»
E Dayl.Ch ld Care/1 uit. :Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses?
Have you been working with a Housing Counseling Agency?
Yes[] No Q
If yes,please provide the following information:
Counseling Agen€}:' �:. Counselc5r:
Phone(Office) �•.»_...._ ..< _� Pax: _ .
......... . . . . . . . ... . . . . . . . . . . ............... . . . . ... . . . . . . . . . . . . . . . . . . . .
Email;
Have you made application for Hoineowners Emergency Mortgage Assistance Program (I-IEMAP)
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 n No[]
]
If yes,please indicate the status of those negotiations:..-
Please provide the.following:infoamati.on, if known,Tegarding your,ender and lender's servicing 1 .
company:
Lender's Contact(Name):; Phone:
Servicing Company(Name):�j.,y ....... ....... . . . . . .... . . . . . ._
Contact: Phone.Y
B' &
UWe,. _....,......,>..a — , authorize the above named
_ ...............:to use/refer this information to my lender/servicer for the sole purpose of evaivating my
tina'n6 al situation for possible mortgage options, I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named.. . . . . . .
B&rbwer S'igriature Date
Co-Borrower Signature Tate
Please forward this.document along with the following information to lender and lender's
counsel:
X. 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)
......... . . . . . . . ... . . . . . . . . . . .11.1......I.. . . . . ... . . . . . . . . . . . . . . . . . . .
' 6. Listing agreement (if property is currently on the Market)
Exhibit B
i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
ShertR' b°���p of EuvibrMdq�
Jody S Smith
Chief Deputy
Richard W Stewart
Solioltor On=OF TkE S"Wr
Wells Fargo Bank,NA. Case Number
VS. 2012-5900
Scott Michael Wakefield(et al.)
SHERIFF'S RETURN OF SERVICE
10/02/2012 03:26 PM-Ryan Burgett,Deputy Sheriff,who being duty sworn according to law,states that on October
2,2012 at 1626 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: Scott
M.Wakefield,by making known unto Heather N.Wakefield,Wife of Scott M.Wakefield at 511 Fifth
Street, New Cumberland,Cumberland County, Pennsylvania 17070 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RYAN BURGETT, DEP
10/02/2012 03:26 PM-Ryan Burgett,Deputy Sheriff,who being duty swam according to law,.states that on October
2,2012 at 1526 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:
Heather N.Wakefield,by making known unto herself personally,at 511 Fifth Street,New Cumberland,
Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the
said true and correct copy of the same.
RYAN BURGETT, MPY
SHERIFF COST:$61.00 SO ANSWERS,
October 10,2012 RbNfrY R ANDERSON, SHERIFF
Y'' (e)comer-'Ute sheen,7e1608on,Ire
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, Term
vs. No. 2012-5900-Civil
SCOTT WAKEFIELD Cumberland County
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
Date: ce 7 3 By:
ose Oneyor alk, Esq uire
tt Plaintiff
308456
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715 Civil Division
Plaintiff, Term
vs.
No.2012-5900-Civil
SCOTT WAKEFIELD
HEATHER WAKEFIELD Cumberland County
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
Defendants
ORDER
AND NOW,this Z day of vb%06 201.3, 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:
Mal—
�s `
akLk,
>
308456
CC : Scott Wakefield and Heather Wakefield
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
k 308456
:i
.a
;.ICE
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard Suite 1400
One Penn Center Plaza CflUtil
Philadelphia, PA 19103 CU P LVA�iI
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 CIVIL
Defendants
PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion to Reassess Damages, filed on April 1, 2013 in the
above referenced action.
Phelan
DATE. `�r`' " By:
Za J es s .,Id.No.310721
omey for 1 ' tiff
308456
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No.: 12-5900 CIVIL
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff s Praecipe to Withdraw its
Motion to Reassess Damages was served upon the following interested parties on the date
indicated below.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND, PA 17070-1817
Phelan Halli
2,
DATE: By:
;Zac; y J0/914, A.,Id.No.310721
0Me aintiff
1111r
308456
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff c n a TF '�`✓
Jody S Smith
Olt, of CIIINbrrl���0 I HIE. PR0T��0t ..It
Chief Deputy 7013AUG 15 1'1 3: 35
Richard W Stewart CUMBERLAND SOI/CltOr OFFICE OF T!@ S?ERIFF COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs.
Scott Michael Wakefield (et al.) 2012-5900
SHERIFF'S RETURN OF SERVICE
03/26/2013 07:49 PM - Deputy Shawn Gutshall, 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 511 Fifth Street, New Cumberland Borough, New
Cumberland, PA 17070, Cumberland County.
03/26/2013 07:49 PM -Deputy Shawn Gutshall, 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 Heather Wakefield -
Wife, who accepted as"Adult Person in Charge"for Scott Michael Wakefield at 511 Fifth Street, New
Cumberland Borough, New Cumberland, PA 17070, Cumberland County.
03/26/2013 07:49 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Heather Nicole Wakefield at 511 Fifth Street, New Cumberland Borough, New Cumberland, PA 17070,
Cumberland County.
06/03/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013
08/02/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013
08/15/2013 Ronny R Anderson, Sheriff, being duly'sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $836.39 SO ANSWERS,
August 15, 2013 RbNtrY R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff -
CIVIL DIVISION
V.
NO.: 12-5900 CIVIL
SCOTT WAKEFIELD
HEATHER WAKEFIELD
Defendant(s) CUMBERLAND COUNTY
PHS #308456
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 511 FIFTH STREET,NEW
CUMBERLAND,PA 17070-1817.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
SCOTT WAKEFIELD 511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
HEATHER WAKEFIELD 511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
SCOTT WAKEFIELD 511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
HEATHER WAKEFIELD 511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
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)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
�. sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: 1 4 By:
Phelan Hallinan,LLP
Meredith Wooters,Esq.,Id.No.307207
Attorney for Plaintiff
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 12-5900 CIVIL
SCOTT WAKEFIELD
HEATHER WAKEFIELD CUMBERLAND COUNTY
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
*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 511 FIFTH STREET,NEW CUMBERLAND,PA 17070-1817 is scheduled
to be sold at the Sheriff's Sale on 06105/2013 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$123,239.75 obtained by WELLS FARGO
BANK,N.A. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at
said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff s Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay,you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may bc, 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 lot or parcel of ground, situate in the Borough of New Cumberland,County
of Cumberland and State of Pennsylvania,having thereon erected a two-story brick dwelling house,
No. 511 Fifth Street,more particularly bounded and described as follows,to wit:
BEING Lots No. 11 and 12,Block'S',Plan No. 2 of Rosemont, as recorded in Cumberland County
Recorder's Office in Plan Book 1,Page 96.
LOT NOS. 11 and 12 on the Northern side of Fifth Street between Geary Avenue and Eutaw
Avenue,beginning at a point on the Northeast comer of Fifth Street and Eutaw Avenue,extending
thence in an Eastwardly direction along the Northern side of Fifth Street fifty(50)feet to a point;
thence in a Northwardly direction on a line at right angles to said Fifth Street,one hundred forty
(140)feet to a point;thence in a Westwardly direction on a line parallel with said Fifth Street,fifty
(50)feet to a point;thence in a Southwardly direction on a line at right angles to said Fifth Street,
one hundred forty(140)feet to a point on Fifth Street,to the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN Scott Wakefield and Heather Wakefield,h/w, as
tenants by the entirety, by Deed from Thomas G. Rigling,III and Christine A. Rigling,h/w,
dated 11/19/2007, recorded 11/21/2007 in Instrument Number 200743725.
PREMISES BEING: 511 FIFTH STREET,NEW CUMBERLAND,PA 17070-1817
PARCEL NO.25-24-0811-153
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 12-5900 CIVIL
WELLS FARGO BANK,N.A.
VS.
SCOTT WAKEFIELD
HEATHER WAKEFIELD
owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland
County, Pennsylvania,being
(Municipality)
511 FIFTH STREET,NEW CUMBERLAND,PA 17070-1817
Parcel No. 25-24-0811-153
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $123,239.75
Phelan Hallinan,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-5900 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 SCOTT WAKEFIELD,HEATHER WAKEFIELD
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEES)as follows:
and to notify the 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: $123,239.75 L.L.:$.50
Interest FROM 12/2/2012 TO DATE OF SALE($20.26 PER DIEM)-$3,788.62
Atty's Comm: Due Prothy: $2.25
Atty Paid: $209.75 Other Costs:
Plaintiff Paid:
Date: 1/30/13
David D. Buell,Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: MEREDITH WOOTERS,ESQUIRE
Address:PHELAN HALLINAN,LLP
1617 JFK BOULEVARD,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000 TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
Supreme Court ID No.307207 and the seal of of said Court at Carlisle, Pa(.�1,
This _s.�d
-- ay of 20
Prothonotary
On March 12, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA,
Known and numbered as, 511 Fifth Street,
New Cumberland, Exhibit "A" filed with this writ
and by this reference incorporated.herein.
Date: March 12, 2013
By:
NR Estate Coordinator
s --zI d of NVr (10i
CUMBERLAND LAW JOURNAL
Writ No. 2012-5900 Civil
WELLS FARGO BANK,N.A.
VS.
SCOTT MICHAEL WAKEFIELD,
Heather Nicole Wakefield
Atty.:Joseph P. Schalk
By virtue of a Writ of Execution
NO. 12-5900 CIVIL,WELLS FARGO
BANK,N.A.vs. SCOTT WAKEFIELD,
HEATHER WAKEFIELD owner(s) of
property situate in the BOROUGH
OF NEW CUMBERLAND, Cumber-
land County, Pennsylvania, being
511 FIFTH STREET,NEW CUMBER-
LAND,PA 17070-1817.
Parcel No. 25-24-0811-153.
Improvements thereon:RESIDEN-
TIAL DWELLING.
JUDGMENT AMOUNT:$123,239-
.75.
79
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA.
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 12, April 19 and April 26, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time,place and character of publication are true.
isa Marie Coyne, Edi or
SWORN TO AND SUBSCRIBED before me this
(=2013 April,
y
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
The Patriot-News Co.
_ 220 Technology Pkwy
14t r
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
2012-5900 Civil This ad ran on the date(s)shown below:
ELLS FARGO BANK,N.'. 04/16/13
VS.
S OTT MICHAEL WAKEFI LD 04/23/13
Bather Nicole Wakeflel
Atty- Joseph P.Schalk _ 04/30113
By virtue of a Writ of Execution NO. 12-
5900 CIVIL . . . . . . . . . . . . . . . . . . . . .
WELLS FARGO BANK,N.A.
vs.
SCOTTWAI AYE
HEATHER WAKEFFI ELD worn o a S to subscribed before me this 13 da y a y,of M , 2013 A.D.
owner(s) of property situate in the
BOROUGH OF NEW CUMBERLAND,
Cumberland County,Pennsylvania,being v4- I
(Municipality) tary Public
511 FIFTH STREET, NEW
CUMBERLAND,PA 1.7070-1817
Parcel No.25-240811-153
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING C;aEij OF PENNSYLVANIA
JUDGMENT AMOUNT:$123,239.75 al Seal
el,Notary Public
.,Dauphin County
pires Dec.12,2016
MEMBER,PENNSYLVANIA AsSoamiON OF NOTARIES
Phelan Hallinan,LLP 2 1 11460 i6y For Plaintiff
1617 JFK Boulevard,Suite 1400 k r"t _
D CGU Y,
One Penn Center Plaza ?1 4.t S}`(�sg/ g 1'
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
SCOTT WAKEFIELD
HEATHER WAKEFIELD No. 12-5900 CIVIL
Defendant
PRAECIPE
TO THE PROTHONOTARY:
❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: PHELAN HALLINAN,LLP
By:
Adam H.Davis,Esq., Id.No.203034
Attorney for Plaintiff
PH#802218
Q
qso pd a tfy
c,�#
Phelan Hallinan, LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
SCOTT WAKEFIELD No. 12-5900 CIVIL
HEATHER WAKEFIELD
Defendant PH#802218
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
SCOTT WAKEFIELD
HEATHER WAKEFIELD
511 FIFTH STREET
NEW CUMBERLAND,PA 17070-1817
Date: PHELAN HALLINAN, LLP
Adam H. Davis,Esq., Id.No.203034
Attorney for Plaintiff