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HomeMy WebLinkAbout12-7424r ~~~~ ~~ ~'~~'r' ?~11 DEG 10 AM 9~ ~2 ~~t j~ ~'~. A~~ CkT Y 1V~t~ ~~-Wi~N~A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: ~ a, ~ y a ~ ~ //~ vs. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055-3228 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan & Schmieg, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER and RICHARD G. RICHARDSON, are individuals whose last known address are 327 WEST GREEN STREET, MECHANICSBURG, PA 17055-3228. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the ~J 0-~'~'° ~G3°~ s ~ ~ ('a 1 062-PA-V3 ~~{~. ~ asy V3 ~1 ~~ a~yo~~ Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 10, 2004, MICHELLE LYNN HEAVNER A/K/A MICHELLE L. HEAVNER A/K/A MICHELLE HEAVNER and RICHARD G. RICHARDSON made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TRANSLAND FINANCIAL SERVICES, INC. a Mortgage in the original principal amount of $69,760.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1891, Page 2768. 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. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 30, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201216012. 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. 6. MICHELLE LYNN HEAVNER A/K/A MICHELLE L. HEAVNER A/K/A MICHELLE HEAVNER and RICHARD G. RICHARDSON are record and real owners of the aforesaid mortgaged premises. 7. 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 June 1, 2012. 062-PA-V3 8. As of 10/1712012, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $62,088.63 Interest Through 10/17/2012 $1,715.50 Late Charges $101.38 Property Inspections $106.73 Escrow Deficit $1,145.16 TOTAL $65,157.40 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA- insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $65,157.40, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: By: Jo. Kolesnik, Esq., Id No. 308877 A ornev for Plaintiff 062-PA-V 3 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 310453 Exhibit A NQT)!; DBC331~SR 10, 2004 NSOP Ct7MSBRLAND [IVateJ ~ [City7 .327 W88T S3Rl;$N BTRSBT, M$CHADTICSBDRG, PA 17055. [Property Address} axcr~rcosot~ LOJtr~ ~ C.]ISE N NI11: PIwiNNSYLw]taTlll [State] T. PAI2'l1ES , "Borrower" means each p~ersbn signing at the end of'this .Note, acid the ~etson's successors and assigns.. "Lender" means TRArT8Y,1lND FZNA14Ci1W t3$RVICSS, INC. and itssucecssors and~assigris. Z, BORROWER'S PROMISE TO PAY; INTEREST lrk return t2~r a Loan receivad from bender; l}Qrmwet premises to pay the principal sum of 83lCTY`-NINE r~3Qt~ts]-bm SEVSli >titlNDttSD 337CTY A~ ff0./1fl0 Dollars (LJ.S. S b9, 760.00 ), plus interest; #o the order of Lender. Interest will be charged on unpaid principal, from the. date of dtsbursetnent of the loaa proceeds by Lender, at the rate of SIX perCetrt ( 6.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Bortgwer"s ptotYtise to pay 'is sscured by a mq!tgai;e; deed of trt>.st of sinulsr security irtstnuncnt. that is: elated the same date as this Notc. and called the "Sec[uity. Instrurtient," That. Security Instnirnent protects the lender frgm losses which might result if 13onrower, defaults wader this dote. 4. MANNER OF PAYMENT (A} 'lime Aorrower shall. make a payment:ofprineipal and interest to E,cndcr on the 16T day of each month beginning on F'BBRt?1ll'fY 7„ 2005 ..Any principal and irnerest remaining: an the 19T day of JANEIARY, 2035 ,will be due on that date, which is celled the "Maturity Date". (B) Flace Payment shall 6e made at 2701 1+S71ITId1ND CBZITSR P1tWY, STS. 3ff0, !(1-ITLAND, FL 3275.1-7294 or at such. place as Lender may desipttate.irt writing by narice to $orrower. (E) Amount. Fach monthly payment of principal and interest will be in the amount of ~ 43 8.2 5 This amount will he part of a. larger monthly payment pcquirrd by the Security Insttume>at, that shall be applied to principal, interest and other itemsin.the order described in the Security lnstrurrtent. (D) Allonge to this note for payment adjustments [f an allange providing for payment adjustmerts is executed by Borrower together with this Note; 'the covenants of the nilonge shall be incorporated into and shall amend .and supplement the covenants of this-.Note as if the allonge were a part of this:Note. [Check applicable box] ~ Ciraduatcd Payment Allonge O Growing l;quity Allonge ©Uihtr [~$pccifyj oocutra~ t'age 1 ot'3 FHA,ltultlstaleFixeditate,\a~c - l2JUi DOCp[tA1~.VTt OS/01:!]00 ~. BORROWER'S RiGNT'I'O PREPAY Borrower has'the right to pay the debt evidenced by this Note, in whole or in part, v~ithout charge or penalty, on the first day .of any month. Lender shall accept prepayment on other days provided that Borrower pays iirtctest art the amount prepaiii for the remainder nfihe month io the extent required by Leader and permitted by regulations of the 5ecrefary, If)3orrower makes a partial prepayment, there will be no changes in the due date or irr the amount ofthe monthly payment unless Lenderagrees in writing to those changes: 6. 180Y2R0'V-!ER'S FAILURE TO PAY (A} Late Charye for Overdue. Payartentc ]f Lender has not ieceived the full ttrotsthly payment required by the Security [nstrurra;nt, as described m Paragraph A(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late cliargt in.tha amotmt.of FOUR liercem( 4.000. °f} ofthe overdue amount of each payment. {S) Default if Borrower defaults. by failing to pay in full any monthly payment, then Lender may, except as limited by regrtlatiom of the ~ecretary in tkte.case orpayment defaults,. require immediate payment in full ofthe principal balance remaining d~ and all accrued interest..Lender may choose not to exercise this option without waiving its rights in the event of any snbsegttent default..in many circuttLStances regulations issued by the Secrotary. will limit :Lender's rights to require immediate payment in full in the case of payment defaults. Tltis Note does not authorize acceleration when not permitted try Fii[3D regulations. !1s used in this Note, "Secretary" uteans .the Secretary aC Housing and Urban Development or his or her designee.. (C) Payment of Costa asd: Expeases [f 1.U•ridcr has,requiied itri#tiediats payrnettt lit foil, as described 2~bove, Lender may require 13orrcnvcx to pay costs and eXpctrses including. re&sonabte end cusromary atrorney'S foes for enforcing this Note to the extent .not prohibited l?3' applicztlple law, Sued fees and costs shall h ear interest, from the dale of disbiusement at the. same .rate as ttte principal of this Note. 7. WAIVERS Borrower and any other person oho bas obligations under this Note waive the rights of presentment and notico of dishonor,. "Presentment" means the right to :require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts .due have not been paid. . 8.. G1.YING OF NOTICES Unless applicable levy requires :a diftbrent method, any notice that must be given to Borrower uudeP this Note will be given by delivering it or by mailing it by first c lass mail t~o Borrower at tke property address above oIr at a different address if Borrower has given Lender a notice of Borrower's different address. .Any notice that rrttrst be.givcn to Lender under. this Note will be given by fist class n~rril to Lender at the address stated in F'aragxaph 4i;B) or.at a difftront address 3f Borrower is given. a notice of that different address. t7aCt:Yps2: ~ r'agc 2 Af 3 FHA yurtrslrtt Fiscd Rate Nnte - t21U1 nncmru.vrx os/a+l~oo~ - - ~ ~;. . ;~ 9. OBLIGATIONS OF PERSOV5 UNDER THIS NOTE If more than. one: person signs this Note, :each person is fully and petsonaTly obligated to keep ali of the promises .made in this Note, including the promise .tn :pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated ro do these things. Any person who takes over these obligations, including the obligations of a.:guarantor, surety or endorser of this Note, is also obligated to keep all of the promises trade in this :dote. Lender may enforce its. :rights under this Note against tack person individually or against all signatories together. Any one person signing this Note may be required to pay alt. of the amounts owed under this Note. BY ~{GNING BELOW, $ptrov~er ~tt:epts and agrees to the terms and covenants contained in this .Note; - BORRtJ~9P8 - RIt~iARD G. RICHARD N - DA - ~- ~ 16 ~tl - $01tR R - HS71 - DA S - l2 to ~ oil - SORB R _ 11SI R 8SA R = DAYS - i.'71_Y TO 'fHl: ORDEE~ OF; :v~r~l~ur RECOiJRSE E~,A~V~Lf-NU FlNANL'IAL SERVICES, 1NC.• D v.~~ , •'.s,t,sNr payfo~ie~~ tllighottt~Rat~ottt~ rl~ssrllr~To-~l t. e~c, ~- 4 M~x~ . .~t':!.3 S'Ci111:~1~ ~1SVISTANT VICE PgE$1~~IT [Sign Original Only DOG'41FKwl A2go 3 of 3 FHA Multisb~e Fixed Rite ~eite - 12/01 nocurrxt.vsz os/o~nooe Exhibit B LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Green Street in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a drill hole on the southern building line of West Green Street, 281.65 feet east of the east curb line of North Washington Street, at corner of lot now or formerly of Donald Darr; thence along the building line of West Green Street, North 72 degrees 45 minutes East, 75 feet to an iron pin at corner of lot now or formerly of Don L. Shearer; thence along said land now or formerly of Don L. Shearer, South 17 degrees 15 minutes East, 156.393 feet to a hub on the northern line of Cornman Alley; thence along the said northern line of Cornman Alley, South 73 degrees 30 minutes West, 75 feet to a hub at corner of lot now or formerly of Donald Darr; thence along said lot now or formerly of Donald Darr, North 17 degrees 15 minutes West, 155.418 feet to a drill hole on the said building line of West Green Street, the place of BEGINNING. HAVING THEREON ERECTED aone-story frame dwelling known as 327 W. Green Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES WHICH Donald A. Cawthra and Sara L. Cawthra, his wife, by their deed dated September 28, 2001, and recorded October 2, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 248, Page 3032, granted and conveyed unto Michelle L. Heavner, a single person, and Richard G. Richardson, a single person, Mortgagors herein. PROPERTY ADDRESS: 327 WEST GREEN STREET, MECHANICSBURG, PA 17055- 3228 PARCEL # 19-23-0567-033 VERIFICATION Samir Erian, hereby states tha he she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, th he she 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 o his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Samir Erian Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 11/13/2012 086-PA-V2 PHS:310453 FORM 1 WELLS FARGO BANK, N.A. vs. Plaintiff(s) MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER. RICHARD G. RICHARDSON Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Q' `'~~ a~Civil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM _ <wx= ""E.,i ~., ca -~-~ ~, n ~~, a- G7 C~ ~. ~ ~ .. ; FORECL ~ I~ You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal rpresentative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepae and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so that a loan resol>tnon proposal can be prepazed on your behalf. If you and your lawyer complete a fmancial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forwazd. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully /Z/ 2 Date ,Khn M. Kolesnik, Esq., Id No. 308877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: Zip: Office: Other: How long? Home: Cell: Office: Other: State: Zip• How long? Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Amount owed: Automobile #2: Model: Amount owed: Year: Value: Value: Other transportation (automobiles boats, motorcycles): Model: Year: Amount owed: Value_ Monthly Income Name of Employers: l . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Egaenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueUre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ortlAlim. S endin Mone Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Year: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 6A Jody S Smith 0 J Chief Deputy Richard W Stewart M B E R L A O'OT 117"1' Solicitor OFNNE OF THE I W,*RlFr i E-t I i►l S Y L%'Ali I A Wells Fargo Bank, N.A. Case Number vs. 2012-7424 Michelle Heavner(et al.) SHERIFF'S RETURN OF SERVICE 02/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Michelle Heavner, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Richard Richardson, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/20/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of York County,the within named Defendant Richard Richardson, not found. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 03/20/2013 The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Michelle Heavner, personally, at 2599 TAMALA AVE, DOVER, PA 17315. Richard Keuedeber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.45 SO ANSWERS, 1Z March 25, 2013 RbNRc(R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff.Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerieber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration WELLS FARGO BANK, N.A. vs. Case Number MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. 12-7424 CIVIL HEAVNER(et al.) SHERIFF'S RETURN OF SERVICE 03/07/2013 05:05 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER AT 2618 TAMALA AVE, DOVER, PA 17315. THE DEFENDANT WAS FOUND TO HAVE MOVED. 03/07/2013 05:15 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF)BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEMMER AT 2599 TAMALAAVE, DOVER, PA 17315. WC?VKEL-37ECKQqU,-DFPUTY 03/20/2013 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: RICHARD RICHARDSON, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF)AS"NOT FOUND"AT 54 MAPLE STREET, MT.WOLF, PA 17347. PER RESIDENT HAS NEVER HEARD OF DEFT. PER POST OFFICE CHECK, MAIL IS DELIVERED TO ADDRESS GIVE. WHEN CORRESPONDING AT THIS ADDRESS USE POST OFFICE BOX 273 AND ADD APT B. SHERIFF COST: $53.63 SO A RS, L-4 March 20,2013 RICHARD P K UERLEBER, SHERIFF COMMON ' YLVANW tN111rgi 5eM Ymb E Gook.NoWY Pubk Clty 0*0 Y Cow hlil7 Mimi L—n Or pORARIlS ---- ---- -------------------------------— ------ NOTARY / Affirmed and subscribed to before me this 20TH day of MARCH 2013 (c)CountySuite Sheriff,Teleosoft Inc ";A For Prothonotary Use Only: C"tvr Cover eel CUAME KLAN Ci1Unty Docket No: I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the It a�td service o��t�adr`n�s or others papers as rtgEz:red by law or rules of court. Commencement of Action: O Complaint ❑ Writ of Summons 0 Petition E D Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: MICHELLE LYNN HEAVNER AX/A- T MICHELLE HEAVNER AXIA MICHELLE L,HEAVNER I ❑ Are money damages requested'' Yes NX Na Dollar Amount Requested: El within arbitration limits (Check oncl 0 outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJ Appeal? ❑Yes rX1 No Name of Plaintiff-/Appellant's Attorney: J 1 1 No.3 0 Check hers if you haw no atte ey(aft it 800440praox0d[1(#*Sel Lifip at) Nature of the Case: Place an "X"to the left of the ON case category that most accurately describes your PRIMARY CASE.If you are maki- more than one type of claim,check the one that you consider most important; TORT(do not include Mass Tort) CONTRACT(do not include,7ud ) CIVIL APPEALS D Intentional 0 Buyer Plaintiff Administrative Agencies D Malicious Prosecution ©Debt Collection:Credit Card ©Board of Assessment D Motor Vehicle D Debt Collection:Other O Board of Elections ❑Nuisance 0 Dept.of Transportation ^0 Premises Liability D Statutory Appeal:Other- 0 Product Liability(does not S include mass tort) Cl Employment Dispute: 0 Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute%Other 0 Zoning Board C ©Other: r*a ") T MASS TORT CI Other: -0- O Asbestos q N. 'D Tobacco D Toxic Tort-DES D Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS+j El'Toxic Waste O Ejectment 0 Common Law/StaWory Arl ation $ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judg818nt 0 Ground Rent Q Mandamus 0 LandlordtTenant Dispute ©Ndri-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial D Quo Warranto ❑Dental Q Partition D Replevin D Legal ©Quiet Title CI Other: ❑Medical D Other: D Other Professional: Pa.R.GP. 205.5 Updated 0110112011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson art lot ceu"b"t Sheriff Jody S Smith Richard W Stewart Chief Deputy F'CE OF TkE SitfiRIFF Solicitor Weiss Fargo Bank, N.A. Case Number Michelle Heavner(et al.) 2012-7424 SERVICE COVER SHEET o i N N _ o Category. [Civil Action Complaint in Mortgage Foreclosure Zone: x Manner: Adult in Charge Expires: Warrant: uiw. .a. Notes: nQ. Name: 1Rcchard Richardson_ Served: Personally•Adult In Charge Posted Other U- Primary X54 MAPLE ST Adult In 3 Address: *T WOLF, PA 17347 Charge Phone: DOB: 12/14/1958 Relation _..._ � Alternate Date: Time: u_jj Address: w a g Phone: Deputy: Mileage: .. Name: John M Kolesnik Phone: ,215 5 36 7000 Date: Time: R Mileage: N N Deputy- 0 Q x - U z Now, February 26, 2013 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of York County to execute service of the documents herewith and make return thereof according to law. a a Return To: � �" X Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �� of cumbr,,4 Sheriff Jody S Smith Richard W Stewart Chief Deputy t MCE OF T SkGRIFF Solicitor Weiss Fargo Bank, N.A. Case Number vs. Michelle Heavner(et al.) 2012-7424 0 SERVICE COVER SHEET N ti N o Category. [Civil Action Complaint in Mortgage Foreclosure i Zone: X Manner: Adult in Charge Expires: Warrant. W ..... _ - ........ ............. ._._...m. ..e..........wn ....,..w-.....w,....:.,.-.m.....e...o-.mn..w..... .....we 1. .w+wxo-...,....,...e...<. v .......�,..�:...>..-....e, ...� ....._..:....... ._....,.w.«.........m......«........r e, Notes: Pj ti a Name: Mlcheile Heavner _ Served: Personally Adult In Charge Plod- Otr W Primary 2618 TAMALA AVE Adult in p Address: xDOVER, PA 17315 Charge: j Phone: DOB Relation: � ,v Alternate Date: Time: 7 Address: _ . Phone: Deputy N �..., Mileage: m�...w.m so N Name: John M. Kolesnik ; Phone: !215-563-7000 Date: Time: R Mileage: N N Deputy., W J J W _. -- ..- v Now, February 26, 20131, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of York County to execute service of the documents herewith and make return thereof according to law. W > Return To: w Cumberland County Sheriffs Office �--�" x One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintin(s) NUMBER 12-7424-CIVIL WELLS FARGO BANK,N.A. Defendants) W It SHERIFF'S NUMBER MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A COST MILEAGE MICHELLE L. HEAVNER RICHARD G. RICHARDSON DISTRICT Serve WCIWk"LYNN IIEAVNER _Summons xx Complaint A/K/A M11�I�EL EE VNER A/K/A _Other Mg . HEAVNER At 2618 TAMELA AVE TYPE OF ACTION DOVER,PA 17315-3478 Mortgage Foreclosure Special Instructions Please deputize to YORK County. TO BE COMPLETED BY SHERIFF Served and made known to ,Defendant,on the day of .2O_,at o'clock,_.m.,at .County of ,Commonwealth of Pennsylvania,in the manner described below: Defendant(s)personally served. Adult family member with whom said Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Cn Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendants office or usual place of business. and officer of said Defendant company. M _ Other: m --er- SHERIFF -0 By: .Deputy Sheriff = any rn On the day of ,20_,at o'clock,_.m.,Defendant not found because: _Moved _Unknown _No Answer _Vacant _Other ' SHERIFF By: ,Deputy Sheriff DEPUTIZED SERVICE Now,this_day of .20_,I,Sheriff of County,Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: ,Deputy Sheriff. ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY Jonathan Lobb.Egg.,Id.No.312174 ATTEST 1617 WK Boulevard. Suite 1400, One Penn Center Plaza. Pro Prothy Philadelphia,PA 19103 Date File#310453 SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintiff(s) NUMBER 12-7424-CIVIL WELLS FARGO BANK,N.A. Defendant(s) SHERIFF'S NUMBER MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A COST MILEAGE MICHELLE L. HEAVNER RICHARD G. RICHARDSON DISTRICT Serve RCHA►RD G.RICIIARDSON At _Summons xx Complaint 54 MAPLE ST _Other MOUNT WOLF, PA 17347 TYPE OF ACTION Special Instructions Mortgage Foreclosure Please deputize to YORK County. TO BE COMPLETED BY SHERIFF Served and made known to ,Defendant,on the day of ,20_,at o'clock,_.m.,at County of ,Commonwealth of Pennsylvania,in the manner described below: Defaxiant(s)personally served. Adult family member with whom said Defendant(s)reside(s). Relationship is _ Adult in charge of Defendants residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defmdant(s)reside(s). Agent or perm in charge of Defendants office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: ,Deputy Sheriff On the day of ,20_,at o'clock,_.m.,Defendant not found because: _Moved _Unknown _No Answer _Vacant _Other SHERIFF By: .Deputy Sheriff DEPUTIZED SERVICE Now,this_day of ,20_,I,Sheriff of County,Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: ,Deputy Sheri ff. ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY Jonathan Lobb.F.sa.,Id.No.312174 ATTEST 1617 JFK Boulevard. Suite 1400. One Penn Center Plaza Pro Prothy Philadelphia PA 19103 Date File#310453 =H ED-OFFICE OF �"}.'E � OTHO OT-ARY PHELAN HALLINAN,LLP 2913 OCT Z4 AM [O 32 Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Meredith.Wooters@phelaiihalliiian.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY MICHELLE LYNN HEAVNER A/K/A No. 12-7424-CIVIL MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEEL�Wud�V�IUUW AN HALLIINAN LLP By: Meredith Wooters, Esq., Id. No.307207 I Attorney for Plaintiff Date: {b /knm, Svc Dept. File#804215 Q - ag731S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ;1 t 1 Sheriff " Jody S Smith Chief Deputy x013 NOV 22 AM (O: Richard W Stewart �'�= '�UNIBEPLAND COUNT,, Solicitor - `;``°�"" PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Michelle Heavner(et al.) 2012-7424 SHERIFF'S RETURN OF SERVICE 10/24/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Richardson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/07/2013 06:39 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Richard Richardson, personally, at 54 MAPLE ST, MT WOLF, PA 17347. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, November 20, 2013 RON R ANDERSON, SHERIFF (c)C:n,nq"8u':,!e Sheriff,'veosoh rc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solid Reuben B Zeager Richard E Rice Chief Deputy, Operations Chief Deputy, Administrat WELLS FARGO BANK, N.A. vs. Case Number MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. 12-7424 CIVIL HEAVNER (et al.) SHERIFF'S RETURN OF SERVICE 11/07/2013 06:39 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: RICHARD RICHARDSON AT 54 MAPLE STREET, MT. WOLF, PA 17347. 65REY STRINE, DEPUTY SHERIFF COST: $50.12 SO ANSWERS, November 18, 2013 RICHARD P KEUERLEBER, SHERIFF COMMONftALTH QE PENNSYLVANIA Notarial seal :Sheila E.Cook,Notary Public City of York,York county mmission Ex Tres Feb.1,2017 A55SO C'4TION of NOTARIES NOTARY Affirmed and subscribed to before me this A 18TH day of NOVEMBER 2013 ._/ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RICHARD G.RICHARDSON BK.No.1:13-bk-02741 MDF Debtor Chapter No.07 WELLS FARGO BANK,N.A., Movant V. RICHARD G.RICHARDSON and 11 U.S.C.§362 STEVEN M.CARR,ESQUIRE(TRUSTEE) Respondents ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 327 WEST GREEN STREET,MECHANICSBURG,PA 17055-3228. Upon consideration of Motion of WELLS FARGO BANK,N.A.,(Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbanlauptcy law;and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 327 WEST GREEN STREET, MECHANICSBURG, PA 17055-3228(hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises),as to allow Movant,its successors or assignee's,to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, N.A., may irrunediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, 1 Chief Bankruptcy Judge (JG) Dated: July 17, 2013 Case 1:13-bk-02741-MDF Doc 11 Filed 07/17/13 Entered 07/17/13 11:35:15 Desc Main Document Page 1 of 1 USBC PAM - LIVE - VERSION 5.1 Page 1 of 2 1:13-bk-02741-MDF Richard G Richardson Case type: bk Chapter: 7 Asset: No Vol: v Judge: Mary D France Date filed: 05/28/2013 Date of last filing: 09/11/2013 Debtor discharged: 09/06/2013 Date terminated: 09/06/2013 Case Summary Office: Filed: 05/28/2013 Harrisburg County: Terminated: 09/06/2013 YORK-PA Fee: Paid Debtor discharged: 09/06/2013 Origin: 0 Reopened: Previous term: Converted: Debtor dismissed: Joint: n Confirmation hearing: Original chapter: 7 Current chapter: 7 Debtor disposition: Standard Discharge Nature of debt: consumer Pending status: Case Closed Flags: MEANSNO, CREDS, CLOSED Trustee: City: Harrisburg Email: United States Phone: 717 221-4515 Fax: 717 221-4554 ustpregion03.ha.ecf @usdoj.gov Trustee Trustee: StevenCity: York M. Carr Phone: 717 843-8968 Email: carrtrustee @yahoo.com (Trustee) Party 1: Richardson, Richard G (Debtor) SSN/ITIN: xxx-xx-5869 Atty: Michael SRepresents party 1: Phone: 717 731-9502 Travis Debtor Fax: 717 731-9511 Email: Mtravislaw @comcast.net Location of case files: Volume: CS 1 The case file may not be available. https:Hecf.pamb.uscourts.gov/cgi-bin/grySummary.pl?228125 10/31/2013 c. ,:- r 1 T. r~ n Attorney for Plaintiff PHELAN HALLINAN, LLP '�� ����i7��,, �� y Jonathan Lobb,Esq.,Id.No.312174 %J1 ��o 24 1617 JFK Boulevard, Suite 1400 AI N: One Penn Center Plaza Philadelphia,Philadelphia, PA 19103 p�NHS Y�-Vgt�f A Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER No. 12-7424-CIVIL A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER is over 18 years of age and has last known addresses at 2599 TAMELA AVENUE, DOVER, PA 17315-5507 and 327 WEST GREEN STREET, MECHANICSBURG, PA 17055-3228. (c) that defendant RICHARD G. RICHARDSON is over 18 years of age and has last known addresses at 54 MAPLE STREET, MOUNT WOLF, PA 17347 and 327 WEST GREEN STREET, MECHANICSBURG, PA 17055-3228. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /23 JLq__ Phofan Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804215 Department of Defense Manpower Data Center Results as of:Jan-23-2014 05:16:46 AM SCRA 3.0 Status Report Pursuant to Sm'iceinembers Civil Relief Act Last Name: HEAVNER First Name: MICHELLE Middle Name: L Active Duty Status As Of: Jan-23-2014 On Active Duty On Active Duty Status Date Active Du Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status 'Service Component NA NA `No NA This response reflects where the individual left active duty status within 367 days preceding the Active.Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA :NA. . No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NCAA,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. iA ..f Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jan-23-2014 05:16:48 AM SCRA 3.0 Status Report Pursuant to S eicemeniben Gird Relief Act Last Name: RICHARDSON First Name: RICHARD Middle Name: G Active Duty Status As Of: Jan-23-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based onthe Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the indNidual left active duty status Within 367 days preceding the Active Duty Status Date The Member orHis/Her Unit Was Notified of Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA 'NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Aa&� A Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 III. CONCLUSION As indicated by the Affidavit of Service, the Plaintiffs Process Server has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and posting. Respectfully submitted, PHELAN HALLINAN, LLP Date: By: Jonathan Lobb, Esq., Id.No.312174 Attorney for Plaintiff 926494 qtr t`; PHELAN HALLINAN, LLP ,J,� Attorney for Plaintiff Adam H. Davis, Esq., Id. No.20303p A.M 11: 36 1617 JFK Boulevard, Suite 1400 �U 18ERL4Nt7 U Ti' PENNSYLVANIA One Penn Center Plaza T Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MICHELLE LYNN HEAVNER CIVIL DIVISION A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER No. 12-7424-CIVIL RICHARD G. RICHARDSON 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 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER and RICHARD G. RICHARDSON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $65,157.40 TOTAL $65,157.40 I hereby certify that (1) the Defendants' last known addresses are 2599 TAMELA AVENUE, DOVER, PA 17315-5507, 327 WEST GREEN STREET, MECHANICSBURG, PA 17055-3228, and 54 MAPLE STREET, MOUNT WOLF, PA 17347, and (2) that notice has been given in accordance`with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Attorne or PI ' iff 6 DAMAGES ARE H REBY ASSESSED AS INDICATED. DATE: / PH a 804215 PROTHONOTARY C►�-t� k Tuft& 804215 -3o me PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER No. 12-7424-CIVIL A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts, to wit: (a) that the defendant(s)is/are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER is over 18 years of age and has last known addresses at 2599 TAMELA AVENUE,DOVER,PA 17315-5507 and 327 WEST GREEN STREET, MECHANICSBURG,PA 17055-3228. (c) that defendant RICHARD G. RICHARDSON is over 18 years of age and has last known addresses at 54 MAPLE STREET,MOUNT WOLF,PA 17347 and 327 WEST GREEN STREET, MECHANICSBURG,PA 17055-3228. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 112 t7llll�f' Date �� Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804215 Department of Defense Manpower Data Center Results as of:Jan-27-2014 01:07:10 AM SCRA 3.0 Stow Repwt Pursumt to Servicememben Civil Relief Act Last Name: RICHARDSON First Name: RICHARD Middle Name: G Active Duty Status As Of: Jan-27-2014 pn Active Duty On Active Duty status Date Active Duty Start Dais Aobve End Date status Service Cam Went NA NA '„ No NA This response retie a ff '-duals'active duty status based an the Actiue Duty Status Date Leff Active 0*WAN it 367 Da of Active Duty Status pate Active Duty Start Date Active D' End Data Status Service Component NA NA . " " ; No NA This response reflects where thg individual left active duty status within 367 days preceding Active Duty Status Date The Member or His/Her Unit 1 w l ob$ed afa Future Call-up to Active Duty on Active Doty Status Date Order Not'tricabon Start Data order Natification End Date !Status Service Component NA No NA This response reflects whether tft@;inEtiv' "or his/her unit has received earl'tiottfi Wr,to report for active duty Upon searching the data banks of the Department of Defense Manpower Data--hint @f,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. y6t r fit Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jan-27-2014 01:07:08 AM SCRA 3.0 Nmuank to Servicemembers Civil Relief Act Last Name: HEAVNER First Name: MICHELLE Middle Name: L Active Duty Status As Of: Jan-27-2014 On Active Duty On,Aotive Duty Status bate !. Active Duty Start Date Active Duty End Data`, Status Service Component NA NA !No NA This response refiectsthetitdividu.w active ciuty status besed'onthe Adiv'e' "Status Date Left Active Duty Withln,36TOays of Active,Duty Status Date Acttve Duty Start Data Active Duty Date Status Service component NA NA No NA This response reflects where the individual left active duty sfatua within is?,'days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified,of a Future COLLtjp to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date .Status Service Component NA NA No'• NA This response reflects whether the midiVfi u @I or,his/her tA'has reoeived eady rldtifiCatisin to report for active duty Upon searching the data banks of the Department of Defense Manpower D4taF,,Ic ti•;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. IJL y6t • Pt Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER CIVIL DIVISION A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON No. 12-7424-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR 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. 804215 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MICHELLE LYNN HEAVNER A/K/A MICHELLE NO. 12-7424-CIVIL HEAVNER A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON CUMBERLAND COUNTY Defendant(s) TO: MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L.HEAVNER 2599 TAMELA AVENUE DOVER,PA 17315 Sp DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: at Brushwood£Esq.,Id.No.310592 ttont for Plaintiff Phel Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804215 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MICHELLE LYNN HEAVNER A/K/A MICHELLE NO. 12-7424-CIVIL HEAVNER A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON CUMBERLAND COUNTY Defendant(s) TO: MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L.HEAVNER 327 WEST GREEN STREET MECHANICSBU' ,,Pr 17055-3228 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ew rushwood,Esq.,Id.No.310592 Rome• for Plaintiff Phela allinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804215 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MICHELLE LYNN HEAVNER A/K/A MICHELLE NO. 12-7424-CIVIL HEAVNER A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON CUMBERLAND COUNTY Defendant(s) TO: RICHARD G.RICHARDSON 54 MAPLE STREET MOUNT WOLF,P 17347 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WnWIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: atthe Brushwood,Esq.,Id.No.310592 tto ey for Plaintiff Phel Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804215 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MICHELLE LYNN HEAVNER A/K/A MICHELLE NO. 12-7424-CIVIL HEAVNER A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON CUMBERLAND COUNTY Defendant(s) TO: RICHARD G.RICHARDSON 327 WEST GREEN STREET M CHAMCSB ` G,FA 17055-3228 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: at he Brushwood,Esq.,Id.No.310592 tton y for Plaintiff PhelHallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804215 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-7424-CIVIL MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $65,157.40 Interest from 01/29/2014 to Date of Sale $1,360.17 ($10.71 per diem) TOTAL $66,517.57 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff Note: Please attach description of property. : PH#804215 c. - r*t r' 9) co --�-1 a a � gag. 3>� _l << Cr 1l0 . L` u S L�%. v s o C.C. LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Green Street in the Borough of Mechanicsburg. County o1'Cumberland and State.of Pennsylvania. bounded and described as follows, to wit: BEGINNING at a drill hole on the southem building line of West Green Street, 281.65 feet east of the east curb line of North Washington Street, at corner of lot now or formerly of Donald Darr; thence along the building line of West Green Street,North 72 degrees 45 minutes East,75 feet to an iron pin at corner of lot now or formerly of Don L. Shearer; thence along said land now or formerly of Don L. Shearer, South 17 degrees 15 minutes East, 156.393 feet to a hub on the northern line of Cornman Alley;thence along the said northern line of Cornman Alley, South 73 degrees 30 minutes West,75 feet to a hub at corner of lot now or formerly of Donald Darr; thence along said lot now or formerly of Donald Darr, North 17 degrees 15 minutes West, 155.418 feet to a drill hole on the said building line of West Green Street,the place of BEGINNING. HAVING THEREON ERECTED a one-story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN Michelle L. Heavner, a single person and Richard G. Richardson, a single person, by Deed from Donald A. Cawthra and Sara L. Cawthra,his wife, dated 09/28/2001, recorded 10/02/2001 in Book 248, Page 3032. PREMISES BEING: 327 WEST GREEN STREET,MECHANICSBURG,PA 17055-3228 PARCEL NO. 19-23-0567-033 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 , -t TA 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza "'f�IlI JAN 26 Philadelphia, PA 19103 r Adam.Davis @PhelanHallinan.com CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-7424-CIVIL MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff WELLS FARGO BANK,N.A. l _ COURT OF COMMON PLEAS Plaintiff ,4 JAN 28 � �• } r�. J.7 CIVIL DIVISION v. .;`flf: +Rf�� ldC1Ur'dT NO.: 12-7424-CIVIL MICHELLE LYNN HEAVNER ��° � 1't�VANIA A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER CUMBERLAND COUNTY RICHARD G. RICHARDSON Defendant(s) 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 327 WEST GREEN STREET, MECHANICSBURG,PA 17055-3228. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MICHELLE LYNN HEAVNER 2599 TAMELA AVENUE A/K/A MICHELLE HEAVNER DOVER,PA 17315-5507 A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON 54 MAPLE STREET MOUNT WOLF,PA 17347 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MICHELLE LYNN HEAVNER 2599 TAMELA AVENUE A/K/A MICHELLE HEAVNER DOVER,PA 17315-5507 A/K/A MICHELLE L.HEAVNER RICHARD G.RICHARDSON 54 MAPLE STREET MOUNT WOLF,PA 17347 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) LVNV FUNDING,LLC 15 SOUTH MAIN STREET,SUITE 500 GREENVILLE,SC 29601 LVNV FUNDING,LLC 520 FELLOWSHIP ROAD,C306 C/O DAVID J.APOTHAKER,ESQUIRE MOUNT LAUREL,NJ 08054 LVNV FUNDING,LLC EDWIN A.ABRAHAMSEN&ASSOCIATES, C/O MICHAEL F.RATCHFORD,ESQUIRE P.C. 120 N KEYSER AVE SCRANTON,PA 18504 PH# 804215 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) BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET C/O DAVID J.SPOTTS,ESQUIRE MECHANICSBURG,PA 17055 BOROUGH OF MECHANICSBURG WEST STRAWBERRY AND NORTH MARKET STREET MECHANICSBURG,PA 17055 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 327 WEST GREEN STREET MECHANICSBURG,PA 17055-3228 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /` By: �t���^ v�All Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 804215 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS AN Plzidhff CIVIL DIVISION r~� 'tNNSy �COUNTY VS. A NIA NO.: 12-7424-CIVIL MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER CUMBERLAND COUNTY RICHARD G. RICHARDSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHELLE LYNN HEAVNER RICHARD G. RICHARDSON A/K/A MICHELLE HEAVNER 54 MAPLE STREET A/K/A MICHELLE L. HEAVNER MOUNT WOLF, PA 17347 2599 TAMELA AVENUE DOVER, PA 17315-5507 "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 327 WEST GREEN STREET,MECHANICSBURG,PA 17055-3228 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$65,157.40 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-7424-CIVIL WELLS FARGO BANK,N.A. V. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 327 WEST GREEN STREET,MECHANICSBURG PA 17055-3228 Parcel No. 19-23-0567-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $65,157.40 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Green Street in the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a drill hole on the southern building line of West Green Street,281.65 feet east of the east curb line of North Washington Street,at corner of lot now or formerly of Donald Darr;thence along the building line of West Green Street,North 72 degrees 45 minutes East,75 feet to an iron pin at corner of lot now or formerly of Don L. Shearer;thence along said land now or formerly of Don L. Shearer,South 17 degrees 15 minutes East, 156.393 feet to a hub on the northern line of Cornman Alley; thence along the said northern line of Cornman Alley,South 73 degrees 30 minutes West,75 feet to a hub at corner of lot now or formerly of Donald Darr;thence along said lot now or formerly of Donald Darr,North 17 degrees 15 minutes West, 155.418 feet to a drill hole on the said building line of West Green Street,the place of BEGINNING. HAVING THEREON ERECTED a one-story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN Michelle L. Heavner, a single person and Richard G. Richardson, a single person, by Deed from Donald A. Cawthra and Sara L. Cawthra, his wife, dated 09/28/2001, recorded 10/02/2001 in Book 248, Page 3032. PREMISES BEING: 327 WEST GREEN STREET,MECHANICSBURG,PA 17055-3228 PARCEL NO. 19-23-0567-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-7424 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 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER AWA MICHELLE L. HEAVNER,RICHARD G. RICHARDSON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $65,157.40 L.L.: $.50 Interest FROM 1/29/2014 TO DATE OF SALE($10.71 PER DIEM)-$1,360.17 Atty's Comm: Due Prothy: $2.25 Atty Paid: $316.70 Other Costs: Plaintiff Paid: Date: 1/28/14 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 804215 SERVICE TEAM/ ixh COURT NO.: 12- 7424 -CIVIL DEFENDANT MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON SERVE MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/WA MICHELLE L. HEAVNER AT: 2599 TAMELA AVENUE DOVER, PA 17315 -5507 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER, De endant on the/4 day of Fe 20L, at /6 o , o'clock . M., ato 197d°M -?L4 ,p? Or Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age �� 1 Height S _ Weight / 40 Race IA) Sex P Other 1, /)zUrh6/ ti)4 h2KC a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject o the p nalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , in the manner described below: DATE:,- /'/-/4' NAME: r PRINTED NAME:2)c41 M TITLE: ( ,,,t/.5-!� NOT SERVED On the day of , , at o'clock . M., 1, , a competent adult hereby state that13 endant NOT FOUND ecause: _ Vacant _ Does Not Exist Moved _ Does Not Reside (Not Vacant) _ No Answer on!t' j2\ at (r:". 1 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 16]7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON SERVE RICHARD G. RICHARDSON AT: 54 MAPLE STREET MOUNT WOLF, PA 17347 PH # 804215 SERVICE TEAM/ lxh COURT NO.: 12-7424-CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to RICHARD G. RICHARDSON, Defendant on the / day of re 9 , 20A , at 115/ , o'clock A. M., atSL4 "49/4„ .51- .2 An'k , in the manner described below: Defendant personally served. dult family member with whom Defendant(s) reside(s). Relationship ill/2/0,51-41h d/ j, kJ; L.4-Abi5V Adult in charge of D endan 's residence whoilefuseTto 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 RC9 Height S 6 4 Weight a'5*0 Race to Sex 0 Other I, 1JciL< , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:I-0'4 On the day of , 20__, state that Defendant NOT FOUND because: NAME: PRINTED NAMEDC141LJ INV/ TITLE:a7 RA/ NOT SERVED SERVED o'clock . M., I , a competent adult hereby Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. at at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 20 APR -2 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 Jl WELLS FARGO BANK, N.A. Plaintiff v. - f f C E ATTORNEY FOR PLAINTIFF MO: IO 'u CUMBERLAND COUNTY PENNSYLVANIA MICHELLE LYNN HEAVNER A /K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Court of Common Pleas Civil Division CUMBERLAND County No.: 12- 7424 -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 December 10 2012. 2. Judgment was entered on January 28, 2014 in the amount of $65,157.40. 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. 804215 4. The foreclosure on the mortgaged property at 327 WEST GREEN STREET, MECHANICSBURG, PA 17055 -3228 (hereinafter the "Property") was delayed for the following reason: a.) The Defendant, RICHARD G. RICHARDSON and MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER, filed a Chapter 07 Bankruptcy at Docket Number 1:13 -02741 on May 28, 2013. Plaintiff obtained relief from the bankruptcy stay by order of court dated July 17, 2013. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B ". 5. The Property is listed for Sheriffs Sale on June 4, 2014. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through February 27, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $62,088.63 $6,829.68 $101.38 $1,300.00 $1,772.62 $90.00 $72.90 $4,378.88 TOTAL $76,634.09 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 804215 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 1, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C ". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Li // fiii. By: Phelan Hallinan, LLP Justin ob ski, Esquire ATT ' '' EY FOR PLAINTIFF 804215 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff v. MICHELLE LYNN HEAVNER A /K/A MICHELLE HEAVNER A /K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12- 7424 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER and RICHARD G. RICHARDSON 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 327 WEST GREEN STREET, MECHANICSBURG, PA 17055 -3228. 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 804215 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the 804215 judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 804215 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 804215 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D &C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 804215 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 804215 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation ". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 804215 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. DATE: - ii 1 14 By: Phelan Hallinan, LLP Justin F% obeski, Esqu Atto • -.y for Plaintiff 804215 Exhibit "A" OF i HE RO THONO PHELAN HALL1NAN, •LLP 1�t� Jai Ta�l4lttorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 28 AM Il: 3& 1617 JFK Boulevard, Suite 1400 CUIlgoRLsigOvACtiOlUAN One Penn Center Plaza P TY Philadelphia, PA 19103 Adam.Davis @Phela nHallinan.com tA WELLS FARGO BANK, N.A. � 215 -563 -7000 vs. MICHELLE LY. ` R A/K/A MICHEL L R A/K/A MICHELL L. HEAVNER RICHARD G. RICHARDSON PRAECIPE FOR ANSWE TO THE PROTHONOTARY: CUMBERLAND COUNTY : COURT OF COMMON PLEAS : 8161L DIVISION J4 12- 7424 -CIVIL GMENT FO AILURE TO ESSMENT OF D� NAGES Kindly enter. judgment in favor of the Plaintiff •HEAh! —' • L A RICHARD G. RICHARDSON,. Defendants Complaint within 20 days from service th premises, and assess Plaintiff's damages as As forth in Complaint TOTAL st MICHELLE LYNN to file an Answer to Plaintiff's foreclosure and sale of the mortgaged $65,157.40 $6S,157.40 1 hereoq-eertify that (1) the Defendants' last known addresses are 2599 TAMELA AVENUE, DOVER, PA 17315 -5507, 327 WEST GREEN STREET, MECHANICSBURG, PA 17055 -3228, and 54 MAPLE STREET, MOUNT WOLF, PA 17347, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 1727/i. Adam H. Davis, Esq., Id. No.203034 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH a 804215 PROTHONOTARY 804215 Exhibit "B" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RICHARD G. RICHARDSON Debtor WELLS FARGO BANK, N.A., Movant v. RICHARD G. RICHARDSON and STEVEN M. CARR, ESQUIRE (TRUSTEE) Respondents BK. No. 1:13 -bk -02741 MDF Chapter No. 07 11 U.S.C. §362 ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 327 WEST GREEN STREET, MECHANICSBURG, PA 17055 -3228. Upon consideration of Motion of WELLS FARGO BANK, N.A., (Movant), it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 327 WEST GREEN STREET, MECHANICSBURG, PA 1 7055-3228(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant, its successors or assignee's, to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, N.A., may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Dated: July 17, 2013 402tart.a- Chief. Bankruptcy Judge (JG) Case 1:13 -bk- 02741 -MDF Doc 11 Filed 07/17/13 Entered 07/17/13 11:35:15 Desc Main Document Page 1 of 1 Exhibit "C" 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 March 24, 2014 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315-5507 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 RE: WELLS FARGO BANK, N.A. v. MICHELLE LYNN HEAVNER, A/KJA MICHELLE HEAVNER, A/K/A MICHELLE L. HEAVNER and RICHARD G. RICHARDSON Premises Address: 327 WEST GREEN STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 12-7424-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 March 29, 2014 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very tru Justi f ob ski.„ Esq., Id. No.200392 Attn y for laintiff 'closure 804215 Name and Address Of Sender N+ Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Su One Penn Center Plaza PhUadel,hja, PA 19103 Name of A TENANT/OCCUPANT 327 WEST GREEN ST MECHANICSBURG P MICHELLE LYNN HE 2599 TAMELA AVEN DOVE PA 17315-550 ost Office Address 50.47 MICHELLE LYNN HE RICHARD G. RICHAR 327 WEST GREEN ST MECHANICSBURG, P 50.47 MICHELLE LYNN HE 2618 TAMELA AVE DOVE PA 1.7315-3478 RICHARD C. RICHAR 54 MAPLE STREET MOUNT WOLF PA 173 RICHARD G. RICHAR PO BOX 273 APT B MOUNT WOLF, PA 173 : MICHELLE LYNN CUNIBERLAND EAVN # 8042 R A/K/A MICHELLE HEAVNER A/K/A MIC 5/1200 Pa:e 1 of 1 Toiij Number of Pi�e Listed by Sender Force Fonn 3877 Facsimile EA VNER The full declaration of value N required on all dome for the reconstruction of nonnegotiable documents piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable is 525,000 for reg. R900 S9I3 and S921 for limitations of covert: manorial registered mail. Thc maximuyn indcmnit piyth,k Mail document Deconstruction insurance is 550,000 per ' um indemnity Payable on Express Mail merchandise it 5500, d mail, Sent with optional insurance Sec Domestic Mail Manual 804215 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff v. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12- 7424 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315 -5507 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2618 TAMELA AVE DOVER, PA 17315 -3478 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055 -3228 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 804215 RICHARD G. RICHARDSON PO BOX 273 APT B MOUNT WOLF, PA 17347 -0273 DATE: ///# By: Phelan Hallinan, LLP Justin obeski Esquire AT 4RNEY FOR PLAINTIFF 804215 q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. MICHELLE LYNN HEAVNER A/KJA MICHELLE HEAVNER A/ICA MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12-7424-CIVIL RULE AND NOW, this / Y. day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 804215 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563 -7000 FAX: (215) 563 -3459 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315 -5507 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2618 TAMELA AVE DOVER, PA 17315 -3478 RICHARD G. RICHARDSON PO BOX 273 APT B MOUNT WOLF, PA 17347 -0273 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055 -3228 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 804215 MLED OF Fli; c: .W; 1117: PRO THONIO TAR Phelan Hallinan, LLP 2014 APR 24 Ati 9: 58 Jonathan M. Etkowicz. Esq., Id. No.208,7uMBERLAND COUNI,86 ATTORNEY FOR PLAINTIFF uY 1617 JFK Boulevard, S' uite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER AJK/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Court of Common Pleas Civil Division CUMBERLAND County No.: 12-7424-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 14, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315-5507 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2618 TAMELA AVE DOVER, PA 17315-3478 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055-3228 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 804215 RICHARD G. RICHARDSON PO BOX 273 APT B MOUNT WOLF, PA 17347 -0273 DATE: By: Phelan A roan L LP / Art LAW Jonathan I Et owicz, Es, ., Id. No.208786 Attorn •r Plaintiff 804215 Phelan Hallinan; LLP `l4. Jonathan' Lobb, Esq., Id. No.312174i 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza?,'';°'l� H Philadelphia, PA 19103 PENNS YLD/A tQlA Jonathan. Lobb@phelanhallinan. corn 215-563-7000 0 Fr THONQ TA ATTORNEY F'OR-PLAINTIFF 9 AN 10: WELLS FARGO BANK, N.A. Plaintiff vs. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -7424 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 2, 2014. 2. , A Rule was issued on or about April 14, 2014 directing the Defendants to show cause by May 4, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on April 23, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 4, 2014. 804215 Lam: WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Johan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 804215 Exhibit "A" 804215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff MICHELLE LYNN HEAVNER A/KJA MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -7424 -CIVIL RULE AND NOW, this / Y day of 412014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 804215 u Exhibit "B" 804215 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON T"Z R 11�TJ FOR PLAINTIFF ;NIA Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -7424 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 14, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages s l`d not be granted was served upon the following individuals on the date indicated below. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315-5507 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2618 TAMELA AVE DOVER, PA 17315-3478 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055-3228 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 804215 RICHARD G. RICHARDSON PO BOX 273 APT B MOUNT WOLF, PA 17347-0273 DATE: t2/1 By: d Jonathan h" ~owi z, T✓s• ., Id. No.208786 Atci�xiv` .i Plaintiff 804215 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -7424 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2599 TAMELA AVENUE DOVER, PA 17315-5507 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER 2618 TAMELA AVE DOVER, PA 17315-3478 MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON 327 WEST GREEN STREET MECHANICSBURG, PA 17055-3228 RICHARD G. RICHARDSON 54 MAPLE STREET MOUNT WOLF, PA 17347 804215 RICHARD G. RICHARDSON PO BOX 273 APT B MOUNT WOLF, PA 17347-0273 DATE: sly By: Jon Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 804215 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff VS. MICHELLE LYNN HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICHELLE L. HEAVNER RICHARD G. RICHARDSON Defendants Court of Common Pleas Civil Division CUMBERLAND C c-� •Sin, No.: 12-7424-CIVIL�r- r CLQ >C) zc) > ORDER AND NOW, this /3' day of ry i1 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through February 27, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL Plus interest at six percent per annum. $62,088.63 $6,829.68 $101.38 $1,300.00 $1,772.62 $90.00 $72.90 $4,378.88 $76,634.09 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. PHELAN HALLINAN, LLP Attorney for Plaintiff . Adam H. Davis, Esq., Id. No.203034 ri 1 1617 JFK Boulevard, Suite 1400 G '"' One Penn Center Plaza ro p -r-I:1--: Philadelphia, PA 19103' = � T' � n. Adam.Davis@PhelanHallinan.com �r --fn. 0 215-563-7000 . --<.)--;,. --f, IN THE COURT OF COMMON PLEAS Z o <55 o ;-,'. OF CUMBERLAND COUNTY, PENNSYLVANIA p WELLS FARGO BANK, N.A. CUMBERLAND COUNTY < Plaintiff, : . COURT OF COMMON PLEAS v. . CIVIL DIVISION MICHELLE LYNN HEAVNER A/K/A MICHELLE . HEAVNER A/K/A MICHELLE L. HEAVNER No.: 12 -7424 -CIVIL RICHARD G. RICHARDSON 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. Salehas been given to Lienholders and any' known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt, stamped by the U.S. Postal Service is attached hereto Exhibit "A". Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff A Date: \CP7//(. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 804215 Wells Fargo Bank, N.A. Plaintiff v. Michelle Lynn Heavner a/k/a Michelle Heavner a/k/a Michelle L. Heavner Richard G. Richardson Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -7424 -CIVIL CUMBERLAND COUNTY AMENDED 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 327 West Green Street, Mechanicsburg, PA 17055-3228. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Michelle Lynn Heavner a/k/a Michelle Heavner 2599 Tamela Avenue, Dover, PA 17315-5507 a/k/a Michelle L. Heavner Richard G. Richardson 2. Name and address of Defendant(s) in the judgment: Name Michelle Lynn Heavner a/k/a Michelle Heavner a/k/a Michelle L. Heavner Richard G. Richardson 54 Maple Street, Mount Wolf, PA 17347 Address (if address cannot be reasonably ascertained, please so indicate) 2599 Tamela Avenue Dover, PA 17315-5507 54 Maple Street Mount Wolf, PA 17347 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) Lvnv Funding, LLC Lvnv Funding, LLC Esquire Lvnv Funding, LLC Esquire CIO David J. Apothaker, C/O Michael F. Ratchford, 15 South Main Street, Suite 500 Greenville, SC 29601 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Edwin A. Abrahamsen & Associates, P.C. 120 N Keyser Ave Scranton, PA 18504 4. Name and address of Last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PH # 804215 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) Borough of Mechanicsburg C/O David J. Spotts, Esquire Borough of Mechanicsburg C/O Lisa Marie Coyne, Esq. Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 3901 Market Street Camp Hill, PA 17011-4227 West Strawberry and North Market Street Mechanicsburg, PA 17055 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 327 West Green Street Mechanicsburg, PA 17055-3228 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 U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: t5/177/ By: �' v Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 804215 Name and Address Of Sender Phelan Hallinan, LLP IMO 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelahia. PA 19103 AZK/KAZ - 06/04/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** Borough of Mechanicsburg C/O Lisa Marie Coyne, Esq. 3901 MARKET STREET CAMP ffiL1., PA 17011-4227 50.48 RE: MICHELLE LYNN HEAVNER A/K/A MICHELLE IIEAVNER A/K/A MICHELLE L. HEAVNER (CUMBERLAND) PH # 804215/1026 Page 1 of 1 45 Day $0.48 Total Number of Pieces Listed by Sender Total Nianber of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The nu for the reconstruction of nonnegotiable documents under Express Mail document reconstruction i piece subject to a limit 01 1300,000 per occwrence. The maximum indemnity payable on Expires The maximum indemnity payable is $25,000 for registered mail, seat with optional insurance. Sr R900 $913 and $921 for limitations .ofcoverage. Form 3877 Facsimile #_ 804215 Name and Address Of Sender Phelan Hallinan, LLP 1110 1617 WIC Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 06/04/2014 SALE I Line Article Number Name of Addressee, Street, and Post Office Address Postage 5 u' , 'C I **•* TENANT/OCCUPANT 327 WEST GREEN STREET MECHANICSBURG, PA 17055-3228, $0.45 k h Z y, �'. 61 2 ***` BOROUGH OF MECHANICSBURG WEST STRAWBERRY AND NORTH MARKET STREET MECHANICSBURG, PA 17055oa $0.45 t� `( m o 3 **** BOROUGH OF MECHANICSBURG C/O DAVID J. SPOTS, ESQUIRE 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 $0.45 ..- tit a' 4 **so LVNV FUNDING, LLC 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 29601 .80.45 }'.y 44:1V4. it' *t 5 **** LVNV FUNDING, LLC CFO DAVID J. APOTHAKER, ESQUIRE 520 FELLOWSHIP ROAD, C306 MOUNT LAUREL, NJ 08054 $045 ' y;+"' s, oi "►�., 6 **es LVNV FUNDING, LLC C/O MICHAEL F. RATCHFORD, ESQUIRE EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 N KEYSER AVE SCRANTON, PA 18504 $0.45 a. ci 7 **** Domestic Relations of Cumberland County 13 North Hanover Stmt Carlisle, PA 17013 $045 t\ 8 **** Commonwealth of Pennsylvania Department of Welfare P.O.Box2675 Harrisburg, PA 17105 $0.45t ,: l�Fiy.3 9 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0,45 10 **** U.S. Department of Justice US. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisbuty,PA 17108-1754 — $0.45 RE MIclwF3.j,E LYNN HEAVbIER-A/K/A-NfleffELEE-HgAVNER A/K/A fi+fI LLE L HEA -t R, $4.50 v.umati ND)_ _P.Ei.t.B{Id2iS , ge I of L_ ''Brut Teal& __ II Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster. Per Mame of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is SSW. The maximum indemnity payable is S23,000 for registered mail. sent with optional insurance. Sec Domestic Mail Manual R900 5913 and S92I for limitations ofeovemge. Form 3877 Facsimile SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � ,0,0 01 ,1`,.4t101),,, i` I r; i`ROI t e O? J , Jody S Smith Chief Deputy 3 2 tti JUL 21 A 9; 14 Richard W Stewart = �, .:w CUMBERLAND COUNTY Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2012-7424 Michelle Heavner(et al.) SHERIFF'S RETURN OF SERVICE 03/24/2014 04:04 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 327 West Green Street, Mechanicsburg -Borough, Mechanicsburg, PA 17055, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Sqaure, Carlisle, PA 17013 on June 04, 2014 at 10:00 a.m. He sold the same for the sum of$50,000.00 to Gary L. Bretz, 104 8th Street, New Cumberland, PA 17070 being the buyer in this execution, paid to the Sheriff the sum of$ 07/16/2014 Distribution of Schedule as Proposed SHERIFF COST: $2,203.29 SO ANSWERS, July 16, 2014 RONNW ANDERSON, SHERIFF fvl ael2 CZ) u to - 3cg 7W e-E-;OSaft. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in C.. L' Mechanicsburg Borough, Cumberland County, PA, Known and numbered as 327 West Green Street, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: t , 4 '�. 0 Real Estate Coordinator .* • LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-7424 Civil Term Wells Fargo Bank, N.A. vs. Michelle Heavner Richard Richardson Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-7424-CIVIL, WELLS FARGO BANK,N.A.v.MICHELLE LYNN HEA VNER AIKJ A MICHELLE HEAVNER AIKJ A MICHELLE L. HEAVNER RICHARD G.RICHARDSON owner(s) of property situate in MECHANICS- BURG BOROUGH, CUMBERLAND County, Pennsylvania, being 327 WEST GREEN STREET, MECHAN- ICSBURG,PA 17055-3228. Parcel No. 19-23-0567-033. Improvements thereon:RESIDEN- TIAL 1)WELLING. Judgment Amount: $65,157.40. 61 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 11\ Lisa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this _ da of Ma 2014 • dama.ne ! // Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTV My Commission Expires Apr 2B,2018 The Patriot-News Co. 2020 Technology Pkwy e patriotNews 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2012-7424 ChM Term 04/13/14 Wells Fargo Rank,N.A. Vs 04/20/14 Michelle Heavner . / 04/27/14 Richard Richardson Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-7424-CIVIL WELLSFARGOBANK,N.A. ,wor and subscribed bef this 02 day of ay, 2014 A.D. v. L f 1 l i i MICHELLE LYNN: HEAVNER A/K/A MICHELLE HEAVNER A/K/A MICIHELLEL.HEAVNER No ary Public RICHARD G.RICHARDSON owner(s) of propertysituate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania,being c c s &, 327 WEST GREEN STREET, f�4 tt_4�rT MECHANICSBURG, PA "17055- 3228 Parcel No.19-23-0567-033 (Acreage or street address) i':_ Improvements thereon: RESIDENTIAL 1)WELLING Judgment Amount:$65,157.40 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff Deed in which Gary L. Bretz is the grantee f' the same having been sold to said grantee on the I 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 28th day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 7424, at the suit of Wells Fargo Bank, NA against Michelle Lynn Heavner a/k/a Michelle Heavner a/k/a Michelle L. Heavner & Richard G. Richardson is duly recorded as Instrument Number 201415702. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this i'-'4 - day of aek , A.D. aQ /r P/ "9 , i Or Recorder of Deeds " , o . ,Cumberland County,Carlisle,PA My .- , Expires the First Monday of Jan.2018