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HomeMy WebLinkAbout13-0091~= t ~,'~~F t G7HDtrt~TA~t~r' 2~ d 3 JAS - 7 ~M ~; 4 ~ ;Jj~°~CERIAl~a COUNTY ~~h'NSYIV,"~Nlq PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF 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 : ~ ~ _ (~ I 'U t vs. SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff') 2. The Defendant, SHIRLEY G. SOWDEN, is an individual whose last known address is 558 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055-5506. 062-PA-V3 s a~~ ~I~g.~S~~ a~ C,k.-~- ~aCo aa31 r,.~ 'latl~ril 3• WELLS FARGO BANK, N.A., directly or through an agent, has possession of the 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 March 24, 2003, SHIRLEY G. SOWDEN made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION, A CORPORATION a Mortgage in the original principal amount of $70,576.00 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 1803, Page 4650. 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 August 9, 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. 201224110. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6• SHIRLEY G. SOWDEN is record and real owner of the aforesaid mortgaged premises. 7• Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2012. 062-PA-V3 8• As of 12/12/2012, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $50,079.12 Interest Through 12/12/2012 $1,460.19 Late Charges $43.94 Property Inspections $15.00 Escrow Deficit $170.50 Suspense Balance ($443.96) TOTAL $51,324.79 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 $51,324.79, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: Melissa J. Cantwell, Es q., . No.308912 Attorney for Plaintiff 062-PA-V3 Exhibit `~A" "~ NOTE March 24, 2003 lDwte) 3656 CHESTNUT STREET, CAMP HILL.PA 17011 (Property Address) 1. PARTIES "Borrower" means each person signing a! the end of this Note, and the person's successors and assigns. "bender" means NEW FREEDOM MORTGAGE CORPORATION, A CORPORATION and its sucvessors and assigns. z• BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the ptirtcipal sum of Seventy That sand Five Hundred Seventy Six and no/100 Dollars (U.S. $ 70 , 576.00 ~ }, pros interest, to the order of Lender. Interest will be chazged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of F 1 V(? and Ont? / Ha 1 f percent { 5 , 5000 %) per year until the full amount of principal has been paid. 3, PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the sart~ date as this Note and called the "Security Instntment. ^ The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A} T€me Borrower shall make a payment of principal and interest to Lender on the first day of each month begit>tring on 2033 May 1 2003 .Any principal and interest remaining on the first day of A ri l ,will be due vn that date, which is called the "Maturity Date. ^ ~ (B} place ' Payment shall be made at 2363 SOUTH FOOTHILL DRIVE . SALT LAKE CITY • UT 84109 " by notice to Borrower. or at such place as Lender may designate in writing (C) Amount Each monthly payment of principal and interest will be in the amount tsf U.S. S 400.72 ?his amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and. other items in the order described in the Security Instrument. (D} Atlonge to this Note for payment adjusments [f an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the alionge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Nyo-tee. (Check applicable boil t__1Graduated Payment Atlonge ^Growin g Equity Atlonge []Other [specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall act t a eP lip yrnent on other days provided that Borrower pays interest on the amount r the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the month) p epaid for writing to those changes. y payment unless Lender agrees in FHA Muhistate Flied Rare Note - 1®/95 -1R ro2+o) VMP MO++'1"GAGf FONMS • fl!<7Q)621•~281 ~~~ Pepe 1 Ot 2 µVi laps In7Ciats: y; (.,BORROWER'S FAILURE TO PAY ' ~ (A} Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Nvte, by the end'of fifteen~caleridar'days after the payment is due, Gender may collect a late charge in the amount ' of Four ~ •~ - ~' percent ( 4.0000 (B) Default 96) of the overdue amount of each payment. If Borrower defaults by failin$.t¢pay in fitli an ?monthl of the Secretary in.tltC~case of payment ilefauits, require tmmed}ate payment, then Lender may, except as limited by regulations all accrued interest. bender may choose not to exei+cise this o lion without waiv~ingf tshrightscinatheevent of anytsubsoquent default. In many circumstances reguiations~ issued 6y the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authariac acceleration when not permitted by HUD reputations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development ar his or her designee. (C) Payment oP Costs and Expenses If Lender has required immediate payment in full, as described above, t.ertder may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Nate to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Harrower and any other person who has obligations under this Note waive the rights of presentment and notice 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, GIVING OF NOTICES UNess applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it ar by mailing it by first class mail to Borrower at the property address above ar at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Nate will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personalty obligated to keep ail of the pronuses made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Nate is also obligated to da these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Nate, is also obligated to keep all of the promises made in this Nate. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note, ~/' IRLEY SQ~QE(d (~) (seal) -Borrower -Borrower _ (Seal} -Borrower (Seal) •Borrower _ (Seal) -Borrower (S~) -Borrower _ (Seal ) -Sor-ower {Seal) -Borrower (~~-1R ro2foi rape 2 of 2 ~ -. t I E, tNC. WITHOUT REC:OUF~SE PAY TO'~ O OF 1MFLtS F 1~ GAtaE, ~ A- • Sao M, g,var~son,--.~.~.-...~. Y~Oe President. I,.oan Dacumenia6~art F,~'! FO THE aRDER OF Exhibit ~B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden township, Cumberland county, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, registered surveyor, dated August 4, 1980, as follows, to wit: BEGINNINU at a point on the northern side of Chestnut street 540 feet west by same tiom the northwest corner of the intersection of Chestnut street and 36th street at the dividing line between lots nos. 23 and 24, block C on hereinafter mentioned plan of lots; thence south 88 degrees 26 minutes west along the northern side of Chestnut street, 60 feet to a point at the dividing line between lot no. 24, block C on said plan and now or late of Charles Paas; thence north 1 degree 34 minutes west along the same 120 feet to a point; thence north 88 degrees 26 minutes east 60 feet to a point at the dividing line between lots nos. 23 and 24, block C on said plan; thence south 1 degree 34 minutes east along the same 120 feet to a point, the place of beginning. ADDRESS: 3656 Chestnut St.; Camp hill, PA 17011 tax map or parcel ID no.: 10-21-0275-127 PROPF,RTY ADDRESS: 3(,56 CHESTNUT STREET, CAMP HILL, PA 1701.1.-4329 PARCEL # 1.0-21-0275-1.27. File #: 312857 VERIFICATION Samir Erian, hereby states tha e/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tha~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 of~'i her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Samir Erian Title: Vice President Loan Company: Wells Fargo Bank, N.A. Date: 12/19/2012 086-PA-V2 PHI:312857 n1/p ~~ TF~ n~nn~Q000 VIfELLS FARGO BANK, N.A. Alaintiff(s) vS. SHIRLEY G. SOWDEN Defendant(s) e 1N THE COiJRT OF' COMMUN :PLEAS 0}~ CUMBERLAND C0~1N1~Y, PENNSYLVANIA ~ c :> `> 1 as xm ~ ~ ~..t~ ..; rr' ~_ ~[-- , -~ -:~ D t ,- ~ ~~ ~ r„~ ~~, ~~~ ~~ - ~fE"~ NOTICE OF RESIDENTIAL MORTGAGE FORECL(~5~.. DIVERSION PItOGRAIVI You have been served with a foreclosure complaint that could cause you to lose your home. Ifyou 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 of"F"ort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. FII'St, within twenty (20) days of your receipt of this notice, yuu must contact MidPenn Legal Services at (717) Z43-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Ottce you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the Icgal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative cornplctc a financial worksheet in the format attached hereto, the legal representative will prepare attd file a Request fur Conciliation Conference with the Court, which must be filed with the Court within sixty (6U) 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 attempt to work out a reasonable at•rangemcnts wish your lender before the mortgage foreclosure suit proceeds forward. Ityou are represented by a lawyer, yuu and your lawyer must take the following steps to be eligible for a conciliation conference. Tt is not necessary far you to contact MidPenn i.egal Service for the appointment of a legal representative. However, yuu must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your lawyer complete a fittattcial worksheet in the format auachc~ hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be Fled with the Court within sixty (60) days of the service upon you of the forcclusurc complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a t•epresentativc oCyour lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IN YOU WISH TO SAVE YOUR HOME., YOU MUST ACT QUICKLY AN1) TAKE THE STEPS RF.Q>(JTREU BY THIS NOTICE, THIS PROGRAM i5 FNEE. 0 ~~ Date of Counsel for PlaintitT Inhn M. I(t11AB111~t. Esq.. Id N0.90A87T Oi/OR,~?pi? 1735 rFL !0000000 Cumberland County Residential Mortgage Foreclosure Diversion Program Finan-cial'Worksheet Date Cumberland County Court of Common Please lloekct # ^~ ~/~ nn`/nnr BORROWF,R RF,QUFST FOR HARDSf11P ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine Possible options while workins with yot>r _... _. _ _ _ .Please provide the following information to the best of your knowledge: Borrower name(s): Properly Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mai]ing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in hot~schold: First Mortgage Lender Loan: Loan Number: Second Mortgage Lender: of Loan: loan Number: State: 7iP: Yes ^ No ^ Listing date: _ Price: $__ Realtor Phone:_ Yes ^ No ^ Home: Cell: Ufficc: Other: State: Gip: How lung? „ _ __ Home: Cell: State:_"Lip: How long? Date you C~loscd Your Loan: Type of Office: Other: Type Total Mortgage Payments Amount: $ Included 't'axes ~c Insurance: Date of Last Paymnnt: n~ Inn ~nn,p - ~F Tc~ nnnn!1QQ~ t _. - - ~_ Primary Reason for Default: Is the loan in Bankruptcy'? Ycs ^ Nu ^ if yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ ~ Savings: $ Other: _ $ Automobile #1. Model: Value: $ ~... $ Amount owed: Value: Automobile #2. Model: Amount owed: Value: Other transportation (automobiles. boats, motorcycles Model: Year: Amount owed: Value Monthly income Name of Employers 1. 2 Ycar: Ycar: 3. _ _ Additional Income Description (not wages): 1. monthly amount: _ _ Z. monthly amount: Borrower Pay Days: Co-Aorrower Pay llays: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT _ Mortpa a Food 2~Moitgage Utilities Car Payment(s) Condo/Neigh. Fccs Auto Insurance Med_ (not covered) Auto fuel/re airs Other rop. payment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Monc Day/Child Care/Tuit. Other F.x cnses ~~ Amount Available for Monthly Mortgage Payments Dased on Income ~ Expenses: 1-3~ave you been working with a Housing Counseling Agency'? Yes ^ No ^ If yes, Please provide the following information: Counseling Agency: Counselor: Phone (Office):- Fax: Email: i-Iave you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ Il'yes, please indicate tlae status of the application: Have you had any prior negotiations with your lender or lender's loan servicing cvmipany to resolve your delinquency? Yes ^ No ^ if yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: ~~ Servicinb Company (Name): Contact: Phone; O~~n ?g TF~_ ~nnnnr~~n ~ 006/006 i/We, . ~ ,authorize the above clamed to use/refer this inl'urmation to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/arc under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank.tatcments 3. Proof of any expected i~acome for the last 4S days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency xnd any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) { 1 1 r-n Co,rn � i1 CJ9 G CD CD PHELAN HALLINAN, LLP , Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Tenn V. No. 2013-91-CIVIL SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE Cumberland County MECHANICSBURG, PA 17055-5506 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On January 7, 2013,! Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due July 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On January 14, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 312857 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program.. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALL14JAN, LLP Date: BY: Jose rh1k)Sch alk, Esquire Atto y for Plaintiff 312857 Exhibit A Supreme Court of Pennsylvania tJ Cou .Com:rgi.Pleas N} � s For Piollronouiry Use Ohly r. Cil 1) �"`f � County Docket No:: t h , The information collected on this firm is usedsolely for court administration purposes. This form,does not sz or other. zxrers a,s're' rrreza!'J� late aY rules afcourt, . — _. Commencement of Action: S ❑O Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C' Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: SHIRLEY G. SOWDEN lj Dollar Amount Requested: ❑within arbitration limits Are money damages requested? ❑ Yes ❑x No Check one). O outside arbitration limits N .' Is this a Class Action Suit? ❑ Yes N No Is this an MDJ Appeal? ❑ Yes O No �. Name of Plaintiff/Appellant's Attorney: Melissa J.Cantwell.Esg.,Id.No.308912,Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mars Tort) CONTRA m CT(do not include Judgments) CIVIL APPEALS O Intentional ❑ Buyer.Plaintiff Administrative Agencies ❑Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑Motor Vehicle ❑ Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability F1 Statutory Appeal:Other ❑.Product Liability(does not include mass tort) ❑Employment Dispute: S ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑ Employment Dispute: Other ❑ Zoning Board C , ❑ Other: T MASS TORT ❑ Other: 0 : ❑Asbestos X, ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $.. ❑Other: ❑ :Eminent Domain/Condermmation ❑ Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute 13 Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIAI3LLIT1 ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑Replevin O Dental ❑ Quiet Title ❑ Other: 3 ❑Legal ❑ Other: ❑Medical :. ❑Other Professional: Pa..R.C.P. 205.6 Updated 0.1%0212011 NOTICE You have been sued in Court. Tf 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 141RE 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 pilctl: 312857 v � y PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF °% Melissa J. Cantwell,Esq.,Id.No.308912 1617 JFK Boulevard, Suite 1400.. One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE-COURT OF-COMMON-PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL,SC 29715 ��� Plaintiff, NO.: ?j_ Vs. SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Hallinan,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 Defendant, SHIRLEY G. SOWDEN, is an individual whose last known address is 558 APPALACHIAN AVENUE,MECHANICSBURG,PA 17055-5506. We new oemry 062-PA-V3 /n tO be q me �F�, vOpy °pp� 11yled of recOtd 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the 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 March 24, 2003, SHIRLEY G. SOWDEN made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW FREEDOM MORTGAGE CORPORATION, A CORPORATIONN a Mortgage in the original principal amount of $70,576.00 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 1803, Page 4650. 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 August 9, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assigrunent is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201224110. 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. SHIRLEY G. SOWDEN is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2012. 062-PA-V3 8. As of 12/12/2012, the amount due and owing Plaintiff on the mortgage is as follows:. Principal Balance $50,079.12 Interest Through 12/12/2012 $1,460.19 Late Charges $43.94 Property Inspections $15.00 Escrow Deficit .$170.50 Suspense Balance ($443.96) TOTAL $51,324.79 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 suns 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. 1.1. This is an in rein action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Dcfendant(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 Beni judgment in mortgage foreclosure for the amount due of$51,324.79, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: _ Dater:Me1i5a.J. Cantwell, lsq.;7ci`No.308912 Attorney for Plaintiff 062-PA-V3 Exhibit "A" r NOTE March 24, 2003 !Date) ` 3656 CHESTNUT STREET,CAMP flILL.PA 17011 iProperly Address) I. PARTIES "Borrower"means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NEW FREEDOM MORTGAGE CORPORATION, A CORPORATION . and its suceessors:and assigns, 2. BORROWER'S PROMISE TO PAY; INTEREST in return for a:loan received from Lender, Borrower.prornises to_pay the principal suns of Severity. Thousand Five Hundr- ed Seventy Six and no/,100 Dollars(U,S.$ 70,576.00 },plus interest, to the order of Lender.interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Under,,-at the rate of Five and One / Half percent( 5,5000 `Y}per year until the full arriount or principal lias been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is-secured.by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make it payrnent-of principal and interest to lender on the first day of each month beginning on May 1 1 2003 , Any principal and interest remaining on the first day of April , 2033 , will be chic on that date, which is called the "Maturity Date." (B) Place Payment shall be�made at 2363 SOUTH' FOOTHILL DRIVE, SALT LAKE 'CITY. UT $41-09 or at such place as Lender may designate in writing ' by notice to Borrower. . (C) Amount F,ttch monthly pajmenr of,principil and interest will be in the amount of U.S. $400,72 This amount will be part of a larger monthly payment ,required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payrrient adjustments If an ailonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the ailonge shall be incorporated into and shalt amend and supplement the covenants of this Note as if the ailonge were a part of this Note. (Check applicable box) [Graduated Payment Allonge OGrowing F-qttity Allonge 00the'r[specify] Bof wet Iles tlic rlglrr tt3 p,ty the debt t d+rric ti b tlil's;Nnte, in whole,ot lft.•(flit, wlf b` c7tti,);e or penalty, on the.first dad,of dryly ntcilth LcrrcrsFttill acc5t prcpayiTtent cin.athel days,.provided that>torrourcr pdys;interest on:i))e amount prepaid for Litt acin�ttndnr:ol the nzclntlt to the ext4itt rirgtt'ttet# ley lxndcr Anil;permitted by_regufaiions.a :21te Scot tiiry if Borrower makes a partial pre)yayh1ent,A i'0d will,be no--clian'g'es in•tlre.fltic ate-.or in the amount of[Ire monthly.fayrrfertt titiless Lender agrees in wrirsng::tp tliosc t hang s. FHA MuttWale Fixed Rate Note-10/{35 -iN 1u21o1 (1) vM°MORTGA(ie FORMS•1900)621.7281 Patio flof 2: MW 1010$ Iniclats: _ . 4 6.,130RROWERIS FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the erid'of fifteen calendar clays after the payment is due, .Lender may collect a late charge in the amount of Four - '`' 1 ' percent( 4.00GO }of the overdue amount of each payment. (B) Default If:Botrraviirr cicfaulta b} ftiiltn o pay th fu)!, azylttdiit, 13Cn.I zttdci except asluni:ted byregulAtions cif #i Secretitty to the c,fic�of payment c)cftits reilurre taitmer3tate payrasent- zt ful?of the prittetpal ba7tiitcc renta'ttxit1g dub bnd-. FIJI aecrtted:iiittrest 'l�cndcr ritay cllodse r01 to oxemise ilsloptton without waiving ,Its ri'glit5 to (llc event of tiny:s.i bsec)ucitt defattit )n_many ciri; iitstariLcs:rc'gtl3stttrns.i .sued•E?y the Seciotat mall limit Uindcr's rights Jo tbquire irrtt tulstite paypient�)iI fill) itt%Iie c:,se.o :payrnt r,t tlefaultsr, T klis I;1gtc:does not.aathorize-acce7ewafipn ayhoit'ttot'pormitled 13:y ICiJU t�gulaittt�"5.:As tired in this Note, "Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required.ininitdiate'payment in full, as describedl above, tender may require Borrower to pay costs and expenses including reasonable and customary: a tomeys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees andatx?ats sltal)bear iiiterert froth the date of disbursement at the same rate as the principal of this Note. "7. WAIVlERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice 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. GIVING OF NMICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or ar a different address if Borrower has given Lender a notice of Borrower's different address, Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,including the promise_to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Notes is also obligated to 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 made in this Note. Lender may enforce its rights tinder this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed tinder this Note. BY SIGNING BFL.OW, Borrower accepts and agrees to the terms and covenants contained in this Note, (Seal) . (Seal) 1REEY`. ,:.. SOWDEN -Borrower -Borrower (Seal) ($cal) -Borrower Borrower (Seat) y �. _., BOrT*W UT -Bormwer » (Seal) M _ .. (Seaal) Borrower Borrower _J R t021o1 Pago 2 at 2 • , N'TE E'; oR,-EMVlT: PAY TO THE ORDER OF,. WELLS FA O H 6A MdRTGAGE, INC. WITHOUT RECOURSE otlRSE PAY TO t}!E OFIptrR OF O COn .f.tAT�AAt, � JS�:SGi�i WEU.3 AGE;INC. IB ; . I. voo President, L-oa DocumentatloR 1. i f ., Exhibit "B" LECA.L DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden township, Cumberland county, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, registered surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at apoint on the northern side of Chestnut street 540 feet west by same from the northwest corner of the intersection of Chestnut street and 36th street at the dividing line between lots nos. 23 and 24, block C on hereinafter mentioned plan of lots; thence south 88 degrees 26 minutes west along the northern side of Chestnut street, 60 feet to a point at the dividing line between lot no. 24, block Con said plan and now or late of Charles Paas; thence north 1 degree 34 minutes west along the sane 120 feet to a point; thence north 88 degrees 26 minutes east 60 feet to a point at the dividing line between lots nos. 23 and 24, block C on said plan; thence south 1 degree 34 minutes east along the same 120 feet to a point, the place of beginning. ADDRESS: 3656 Chestnut St.; Camp hill, PA 17011 tax map or parcel 1D no.: 10-21-0275-127 PROPERTY ADDRESS: 3056 CRESTNUT STREET, CAMP HILL, PA 17011-4329 PARCEL# 10-21-0275-127. File,B: 312857 VERIFICATION Samir Erian,hereby states 11a xe% he-is Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matterjh�,gobe.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 is her information and.belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.See. 4904 relating to unsworn falsification to authorities. Name: Sarnir Erian Title: Vice President Loan DE ocunac.ni c iata.. Company: Wells Fargo Bank, N.A. Date: 12/19/2012 M-PAN2 P.HI:312857 Qt1pRj2n+� t?end TFC n.'+nttfj�+5�j I21092I47S IN THE COURT OT'COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY, PENNSTLVANIA C= c� PlaintifI(s) -g,3 r-ri� rw• -r:-:; VS. S14IRLEY G. SOWDEN CO <M ---„ Defendants) NOTICE OF RESIDENTIAL MORTGAGE FORECLOWRE'.' DIVERSION PROGRAM You have been screed with a foreclosure complaint that could cause you to lose your home. I Fyou own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. if you do not have an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or(800)822.5288 extension 25 10 and request appointment of a legal representative at not charge to.you.Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your legal representative complete it Financial workshect in the format attached hereto,the legal representative will prepare and file 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 attempt to work out a 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 the requested financial information so that a loan resolution proposal can be prepared on your'behalf.Tfyou and your lawyer.complete a financial workshect in the format auachcil hereto,your lawyer will prepare and file 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 mpresentativc or your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IN YOU WISH TO SAVE YOUR HOME.,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE, Respectful lysuf n itte /f .7 Date Si true of Counsel for Plaintiff hhn M.Kdes*.Esq..ltt No.3W 01/08/2013 17:35 TEL 00000000 ;21nn�/nnr, Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Cornmon Please 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-..... Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: — - State: "Zip: Is the property for sale? Yes Q No E] Listing date: _Price: S Realtor Name: Realtor Phone: Burrower Occupied? Yes 0 No [] Mailing Address(if different): City: _ State: Zip: Phone Numbers: Nome: Office: Cell: Other: - Email: #of people in household: How long? Mailing Address: City: _ State: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender:.... Type of Loan: Loan Number: ?ate you Closed Your Loan: Sccond Mortgage Lender: _ Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included 'faxes& Insurance: Date of Last Payment: .,5 Te' n.nnnrj000 0^G./^^^ Print ry Reason for Default: Is the loan in Bankruptcy'? Yes ❑ No❑ If yes,provide names, location of court, case number&attorney: sets Amount Owed; VaIUC: Home: $ $ Other Real Estate: $ $ Retirement Fund: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ S Automobile#l: Model: Year: Amount owed: Value: Automubile#2: Model: Ycar Amount awed: Value: Other transportation fautomobiles,boats,motorcjcles)- Model: Year: Amount owed: Value Monthly income Name of Employers: 1. 2. .._ 3. Add_itional Income Description(not wages): I. monthly amount: 2, monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortpa a Food 2"a Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto_fuel/repairs Other prop.payment Install. Load Payment Cable TV Child Su ort/Alim. Spending Money Day/Child Carc/Tuit. Other F.x enses Amount Available for Monthly Mortgage Payments Based on income&Expenses; Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor:_ Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? Yes ❑ No If yes,please,indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know,.regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone; Servicing Company (Name): Contact: _Phone; '01/0°/201 77:?c TES_ non 00n 2006/006 I/We, ,authorize the above named to use/refer this inl'ortnation 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 services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. C=opy 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) I r _ Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �; 11. i't':0 (i�C�a 7A�{ uo�ptp at �uuGrry�„G Jody S Smith 2013 FEB 15 Pik 1: 45 fix.• .., Chief Deputy i.��. Richard W Stewart ''' <'''' CUMBERLAND COUNTY Solicitor OrFirE a""6 S`-`"I"- PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2013-91 Shirley G. Sowden SHERIFF'S RETURN OF SERVICE 01/14/2013 04:09 PM -Deputy William Cline, being duly sworn according to law, served the.requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by "personally" handing a true copy to.a person representing themselves to be the efendant, to wit: Shirley G. Sowden at 558 Appalcahian Avenue, Upper Allen, Mechanicsburg, PA75506. . W(CLIJAIM CLINE, DEPUTY 02/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shirley G. Sowden, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found”at 3656 Chestnut Street, Hampden Township,`Camp Hill, PA 17011. Residence is vacant. SHERIFF COST: $93.00 SO ANSWERS, February 07, 2013 RONNNY R ANDERSON, SHERIFF iej GrjunlyBudC SI•.nr{ri,'i�l�1 00.Inc PHELAN HALLINAN, LLP Joseph P. Schalk, Esq:, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division q Term Plaintiff V. No.2013-91-CIVIL SHIRLEY G. SOWDEN Cumberland County 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on.-the date indicated: SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 Date: 10 BAAtto halk, Esquire Plaintiff 312857 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Term V. No. 2013-91-CIVIL SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE Cumberland County MECHANICSBURG, PA 17055-5506 Defendant ORDER AND NOW, this -1,7 ` day of e2*0 , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J.C= M� -c ry 312857 r CC : Shirley G. Sowden Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No:91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 312857 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 r , i; G tr 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza NI Philadelphia, PA 19103 `E ,I 'L4' 'It� Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION SHIRLEY G. SOWDEN No. 13-91-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY G. SOWDEN is over 18 years of age and has last known addresses at 558 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055-5506 and 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Q (ZO k2iran 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 806619 Department of Defense Manpower Data Center Results as of:Aug-20-201304:24:33 SCRA 3.0 Stagy Report Pursuant to Scr°vicernemtve s Civil Relief Act Last Name: SOWDEN First Name: SHIRLEY Middle Name: G Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date L 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,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. X1119 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 PHELAN HALLINAN, LLP q c^10 Attorney for Plaintiff ��1� Jonathan Lobb, Esq., Id. No.31217 � �iUG 23 IM 1617 JFK Boulevard, Suite 1400 �ER� ,�aD COU�'tY One Penn Center Plaza C �E�aF15`(1-�d��1lA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SHIRLEY G. SOWDEN CIVIL DIVISION No. 13-91-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHIRLEY G. SOWDEN, 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 $51,324.79 TOTAL $51,324.79 I hereby certify that(1)the Defendant's last known addresses are 558 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055-5506 and 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date tIT/13 Jo han L bb, Es ., Id. No.31.2174 Attorney for Lint] DAMAGES ARE REBY ASSESSED AS INDICATED. c 4 DATE: 0 3 PH#806619 PROTHONOTARY Ck.#1344cw3 80661 �*X94 Fs01 'N pail Cp��j� c° PHELAN HALLINAN,LLP Attorney for Plaintiff 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. , CIVIL DIVISION SHIRLEY G. SOWDEN . No. 13-91-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s)is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY G. SOWDEN is over 18 years of age and has last known addresses at 558 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055-5506 and 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Pligan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 806619 Department of Defense Manpower Data Center Results as of:Avg-22-201312:13:10 SCRA 3.0 Statue Report Pursuant to Servicernernbers Civil Relief Act Last Name: SOWDEN First Name: SHIRLEY Middle Name: G Active Duty Status As Of: Aug-22-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response 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 stalus within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 44tLA kY.,, PC Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. SHIRLEY G.SOWDEN NO. 13-91-CIVIL Defendant(s) CUMBERLAND COUNTY TO: SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 DATE OF NOTICE: 7 — I 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 49-3166 By: ell Z:i,-I airy Jon Id.No.310721 Aftirney ' rPl ntiff yf elan I allowi,LLP 1617 J Vottlevard,Suite 1400 One 13e n Center Plaza Philadelphia,PA 19103 PH#806619 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SHIRLEY G. SOWDEN CIVIL DIVISION No. 13-91-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on . *3 � . By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING To COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY,** 806619 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.: 13-91-CIVIL SHIRLEY G.SOWDEN Defendant(s) CUMBERLAND COUNTY To the Prothonotary: .^ Issue writ of execution in the above matter: Amount Due $51,324.79 Interest from 08/23/2013 to Date of Sale $877.76 ($8.44 per diem) TOTAL $52,202.55 Pjtlellan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. . PH#806619 � ~or can t-- N) " CD � I/V-)��P �C:) � 1 s�C7=CD CD� OAKV � c:, C,. C�-� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff V. SHIRLEY G.SOWDEN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: SHIRLEY G.SOWDEN PVan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 558 APPALACHIAN AVENUE Attorney for Plaintiff MECHANICSBURG,PA 170,55-5506 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, Registered Surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a point on the northern side of Chestnut Street 540 feet West by same from the northwest corner of the intersection of Chestnut Street and 36th Street at the dividing line between Lots Nos. 23 and 24, Block C on hereinafter mentioned Plan of Lots; thence South 88 degrees 26 minutes West along the northern side of Chestnut Street, 60 feet to a point at the dividing line between Lot No. 24, Block C on said Plan and now or late of Charles Paas; thence North 1 degree 34 minutes West along the same 120 feet to a point; thence North 88 degrees 26 minutes East 60 feet to a point at the dividing line between Lots Nos. 23 and 24, Block C on said Plan; thence South 1 degree 34 minutes East along the same 120 feet to a point, the place of BEGINNING. BEING Lot No. 24,Block C on Plan of Lots known as Plan No. 3 of Hampden Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5, Page 63. HAVING THEREON ERECTED a ranch style dwelling. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible of record, to the extent that any persons or entities have acquired legal rights hereto. TITLE TO SAID PREMISES IS VESTED IN Shirley G. Sowden, a married woman,by Deed from Harit T. Trivedi and Dipti H. Trivedi, his wife, dated 05/14/1999, recorded 05/17/1999 in Book 199, Page 561. PREMISES BEING: 3656 CHESTNUT STREET, CAMP HILL,PA 170114329 PARCEL NO. 10-21-0275-127. PHELAN HALLINAN, LLP r Attorneys for Plaintiff Jonathan Lobb,Esq., Id. No.312174 F TH E F�0 T 0 N 0 TPA R"' 1617 JFK Boulevard, Suite 1400 2013 AUG 23 AM 10: 49 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNT'I" Jonathan.Lobb@phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-91-CIVIL SHIRLEY G. SOWDEN Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (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: PVan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff '; 'i E 2oJ3 AUG 23 Sri (©: "9 CIVIL DIVISION V. cUMBERLAW COUNT'' NO.: 13-91-CIVIL SHIRLEY G. SOWDEN PLANS Y L\/AN1N . Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 3656 CHESTNUT STREET, CAMP HILL,PA 170114329. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE, MECHANICSBURG,PA 17055-5506 2. Name and address of Defendant(s)in the judgment: Name .Address(if address cannot be reasonably ascertained,please so indicate) SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COLUMBIA NATIONAL INCORPORATED P.O.BOX 3050 COLUMBIA,MD 21045 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be j reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) I None. PH# 80661.9, 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 3656 CHESTNUT STREET CAMP HILL,PA 17011-4329 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: Rtlelan 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 PH# 806619 T r�LPFt��HF��GTE�itY WELLS FARGO BANK, NNA: COURT OF COMMON PLEAS "t�Jt3 BUG 23 MA Ia �i9 Plaintiff CIVIL DIVISION CWA13 .RLSYt 0 COU11" y NO.: 13-91_CI IL SHIRLEY G. SOWDEN . Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 *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 3656 CHESTNUT STREET,CAMP HILL,PA 17011-4329 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$51,324.79 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will'be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21.5-563-7000. .2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(1.0)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 i LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, Registered Surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a point on the northern side of Chestnut Street 540 feet West by same from the northwest comer of the intersection of Chestnut Street and 36th Street at the dividing line between Lots Nos. 23 and 24, Block C on hereinafter mentioned Plan of Lots; thence South 88 degrees 26 minutes West along the northern side of Chestnut Street, 60 feet to a point at the dividing line between Lot No. 24, Block C on said Plan and now or late of Charles Paas; thence North I degree 34 minutes West along the same 120 feet to a point; thence North 88 degrees 26 minutes East 60 feet to a point at the dividing line between Lots Nos. 23 and 24, Block C on said Plan; thence South 1 degree 34 minutes East along the same 120 feet to a point, the place of BEGINNING. BEING Lot No. 24,Block C on Plan of Lots known as Plan No. 3 of Hampden Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5,Page 63. HAVING THEREON ERECTED a ranch style dwelling. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible of record, to the extent that any persons or entities have acquired legal rights hereto. TITLE TO SAID PREMISES IS VESTED IN Shirley G. Sowden, a married woman, by Deed from Harit T. Trivedi and Dipti H. Trivedi,his wife, dated 0511.4/1999, recorded 0511711999 in Book 199, Page 561. PREMISES BEING: 3656 CHESTNUT STREET,CAMP HILL,PA 170114329 PARCEL NO. 10-21-0275-127. SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-91-CIVIL WELLS FARGO BANK,N.A. V. SHIRLEY G. SOWDEN owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 3656 CHESTNUT STREET CAMP HILL PA 17011-4329 Parcel No. 10-21-0275-127. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $51,324.79 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-91 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 SHIRLEY G.SOWDEN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$51,324.79 L.L.:$.50 Interest FROM 8/23/2013 TO DATE OF SALE($8.44 PER DIEM)-$877.76 Atty's Comm: Due Prothy: $2.25 Arty Paid:$241.75 Other Costs: Plaintiff Paid: Date: August 23,2013 David Buell,Prot oz r (Seal) By:�=. Deputy REQUESTING PARTY: Name:JONATHAN LOBB,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No.312174 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#806619 DEFENDANT SERVICE TEAM/1xh SHIRLEY G.SOWDEN COURT NO.:13-91-CIVIL SERVE SHIRLEY G.SOWDEN AT: TYPE OF ACTION 558 APPALACHIAN AVENUE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5506 SALE DATE: December 4,2013 SERVED Served and made known to SHIRLEY G.SOWDEN,Defendant on the 3 day of at ''1 ,o'clock M.,at_� RUtC-PA1*4 & in the manner described below: efendant p6sonally 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: //� ` A Description: Age Height Weight �'J Race "'�J Sex-f—Other I, P*N( /R-0eLe a i a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: 3 PRINTED NAME: /io 0---Um- TITLE: �(CSS S -ml-'Xz- NOT SERVED On the day of 20 at o'clock_.M.,1, a competent adult hereby state that De`endant N T D ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP CZ-3 M'= 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Zr C i . ._-.. > f� ( F C I HoN0 iAt't`( Phelan Hallinan, LLP }13 OCT 23 Ali f f r. Jonathan M. Etkowicz, Esq., Id. No.208786 A EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 " '" E3F RE_ANC COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL • Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 7, 2013. 2. Judgment was entered on August 23, 2013 in the amount of$51,324.79. 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 calculate.d from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 806619 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $50,079.12 Interest Through November 1, 2013 $3,902.01 Late Charges $43.94 Legal fees $1,300.00 Cost of Suit and Title $966.75 Property Inspections $60.00 Escrow Deficit $1,859.82 TOTAL $58,211.64 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 806619 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: © 2 Z /3 By: A// Jonat•.n M. Etkowicz, squire ORNEY FOR PLAINTIFF • • 806619 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • SHIRLEY G. SOWDEN • No.: 13-91-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHIRLEY G. SOWDEN 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 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as •previously assessed are 806619 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d • 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, • 806619 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 806619 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 806619 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 806619 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. 806619 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. 806619 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phe - : inan, LLP A DATE: L0 13 By:NWAIIIIIIZNiAl Jonat..n M. tkowicz,Esquire • "orney for Plaintiff • • 806619 • • • • .. • • Exhibit "A" • 806619 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFKBBoulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 3 215-563-7000 rnrn r; 2Z1 G.1 - WELLS FARGO BANK,N.A. . CUMBERLAND COUNTY `'' vs. . COURT OF COMMON PLEAS y o ° y SHIRLEY G.SOWDEN : CIVIL DIVISION w ,,,t : No. 13-91-CIVIL Qno PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO' �j ANSWER AND ASSESSMENT OF DAMAGES (//b; TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHIRLEY G.SOWDEN, 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 $479 A�li� cr 'c TOTAL $51,324:' 7 ! Like-reby certify that(1)the Defendant's last known addresses are 558 APPALA HIAN AVENUE, MECHANICSBURG,PA 17055-5506 and 3(.)b CHESTNUT 3 REST,CAMP - HILL,PA 17011-4329, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. • Date $b-71/3 Jo ' � Id. No.312174 Attorney fei DAMAGES ARE REBY ASSESSED AS INDICATED. . . • DATE: 3 13 PH#806619 PROTHONOTARY 806619 • Exhibit "B" 806619 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th,2013 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 RE: WELLS FARGO BANK,N.A. v. SHIRLEY G. SOWDEN Premises Address: 3656 CHESTNUT STREET CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 13-91-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. 01 V- tru ow 1 Ilan 4. Etko'icz.Esq., Id.No.208786 A ney for Plaintiff Enclosure 806619 ., .. • „ _ .. .. . ,. r,,7 and Phelan Hal linen,1,LP * J( N ss 1617 JFK Snulevard,-Suite 1400 i �} ider One Penn Center Plaza * a Philadelphia,PA 19103 KVM II 1 as ; Article Number Name of Addressee,Street,and,Peet Office Address Postage T T "i�,'`E yam•• $EIII2GEY G.5©WDEN $0.46 el, c,f� :'- «�i+558 APPALACHIAN AVENUE ' 0 M ANICSBURG,PA 17055.5506 w o'+o Nnr K£ "*aa SHIRLEY G.SOWDEN $0.46 ''' '� 3656 CHESTNUT STREET N-. ' ._, CAMP IU PA 17011.4329 RE:SHIRLEY G.SOWDEN(CUMBERLAND) PH 0 80661911200 Page 1 of 1 $0.92 4l a of raid Numberar?iases ... Postmaster,.Per Named he full detletadteofwhsera ^.. : mod by Seeder Routs-cc!a Pres Olt. £m 1 eaweaetiabledacutecots under Express Mall cu eatmaiad Them n1eYt0et fa the raarmesrAioe of xpress Moil daewoem� ' «"��x« t, ,: pax s�jcuwalim�of3SDQ;lI00 per aawmtci The macemum iakmeRy WYabkmfspa �';,'i:.: .. The maximum indmmi(y pay a$2$,aW ter apisttaed mad.sea web optima tesentnce S x �,:. a%? R90Q 5913 and 5921 re,limiwwxuefeercfage . f♦ i 3877 Facsimile o '. . xue .,,,,..,;z:::,-;17: 806619 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County SHIRLEY G. SOWDEN • • No.: 13-91-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG,PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP APV DATE: C 0/12/3 BY: f ■ Jonath. • . "tkowicz, Esquire • •RNEY FOR PLAINTIFF • • • 806619 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County SHIRLEY G. SOWDEN • • No.: 13-91-CIVIL Defendant RULE AND NOW, this 2 y day of Orls1-✓ 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT A:1L J. - 4 k r? , _ 806619 onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 4IRLEY G. SOWDEN HIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 I'ES fiC l LerL 806619 R701 S 3 • • 806619 -0 R 0 t i1i'9 OTAJS i jJ011 14 AM CZMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Ian Ha i Phelan , LLP DATE: By: Justin F/yn obeski,Esq.,Id.No.200392 Att7 or Plaintiff 806619 1- .yam .J'i 1,4_ i,1\0 i HUNG AR r: 2E13 NOV 16 VI 9: 43 CUMBERLAND Ef LAND COUNTY OPEN SYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County SHIRLEY G. SOWDEN • • No.: 13-91-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3 9 and p p ( ) certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. g P 806619 3. A Rule was issued on October 24, 2013 directing the Defendant to show cause by November 13, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 13, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: l/S//3 By: John D. hn,Esq., Id.No.312244 Attorney for Plaintiff 806619 Exhibit "A" 806619 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 1 t",2013 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 RE: WELLS FARGO BANK,N.A. v. SHIRLEY G. SOWDEN Premises Address: 3656 CHESTNUT STREET CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 13-91-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V t11 Gt t 07 pan . Etko ic7;Esq.,Id.No.208786 At O:_ney:for Plaintiff Enclosure 806619 . O T and Phelan Hallinan,LLP f V C is 1617 JFK Boulevard,.Suite 1400 0 t, der One Penn Center Plaza s °s , Philadelphia,PA 19.103 1CVM ¢ E o, 1 Article Number Name of Addressee,Street,and Post Office Address Postage ti o**** SHIRLEY G.SOWDEN $0.46 � mto 1 558 APPALACHIAN AVENUE 0 ,,' i--; MECHANICSBURG,PA 17055-5506 ..*** SHIRLEY G.'SOWDEN $0.46 ", 3656 CHESTNUT STREET I': ' f CAMP HILL,PA 17011-4329 ;liqjt..t,i'RE:SHIRLEY G.SOWAEN(CUMBERLAND) PH#806619/1200 Page 1 of J $0.92 ,a. : ' mbcr of Total Number ofPieeu .Postmaster.Per(Name of. The full declaration of value is requited on all domestic and international registered mall The m iced by Sender Received et POs Offte Retching Employee). fertbaroean5,utionaf natmatedebh doeumenu under Evros Mail dmmoot.motituaion, y_, i piece to a limb of 5500,000 per oewrmree:The maximum indemnity payable on Sapte ,. _ '.. The maximum indemnity payable is$25,000 for registered man sent wih optional iuvnnee.5 r°' 11900 5913 and 5921 for limitations of covens, * i 3877 Facsimile i f yr`r, ' 806619 Exhibit "B" 806619 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division V. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant • RULE AND NOW,this day of 13 a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT w A► _ Y� ri .1. } t: rn cz) 2' Er •Z <7 2 • y C. • • • 806619 . ' Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallman,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SHIRLEY G.SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG,PA 17055-5506 CAMP HILL,PA 17011-4329 806619, . , • . 806619 • Exhibit "C" Phelan Hallinan, LLP Justin F. Kobeski,Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SHIRLEY G. SOWDEN • No.: 13-91-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendant to show cause as to why Plaintiff's Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG,PA 17055-5506 CAMP HILL,PA 17011-4329 Phelan 11a a,I P DATE: g By Jus F..,4 obeski,Esq.,Id.No.200392 Attar /for Plaintiff 806619 • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • SHIRLEY G. SOWDEN No.: 13-91-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP DATE: /1/15/.3 By: John . ohn,Esq.,Id. No.312244 Attorney for Plaintiff 806619 r ' iCE .Y - OFF_ . 313170•' 20 f 10: 42 • • - PHELAN HALLINAN,LLP Attorne fo ti f )'Jl � o COuliTY Adam H.Davis,.Esq.,Id.No.203034 ° SYL`��AN1A•. • 1617 JFK Boulevard,Suite 1400 • Ode Penn Center Plaza •. . . • Philadelphia,PA 19103 - • Adam.Davis @PhelanHallinan.com . 215-563-7000 • • • • IN THE•COURT OF•COMMON PLEAS • • • • ' OF CUMBERLAND COUNTY,PENNSYLVANIA •• • • WELLS FARGO BANK,N.A. • • CUMBERLAND COUNTY • • • ' Plaintiff, • . COURT OF COMMON PLEAS v. • CIVIL DIVISION SHIRLEY G.SOWDEN Defendant(s) No.: 13-91-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". /13/g / Adam H.Davis,Esq.,Id.No.203034 Date: 7//q///! Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#806619 • • • WELLS FARGO BANK,N.A. • COURT OF COMMON PLEAS • Plaintiff • • • • . .CIVIL DIVISION • y, • NO.: 1341-CIVIL • SHIRLEY G.SOWDEN .• • Defendant(s) 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 fled,the following•information concerning the real property located at 3656 CHESTNUT STREET,• • •: . * • • CAMP HILL,PA 170I1-4329. • 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE, MECHANICSBURG,PA 17055-5506 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SHIRLEY G.SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 • 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) • None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COLUMBIA NATIONAL INCORPORATED P.O.BOX 3050 COLUMBIA,MD 21045 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG,PA 17055 TOWNSHIP OF HAMPDEN C/O KEITH SNELBAKER&BRENNEMAN PC BRENNEMAN 44 WEST MAIN 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 PH# 806619 • 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 3656 CHESTNUT STREET • • CAMP HILL,PA 17011-4329 • • 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: /0 VtT By: O' )r/o,-- 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#806619 _..........._, ca. 1 ii -4 -.11 SV 11 ch ,..4 o t) co .... t 0 ■.0 ! g-E..g •R• 2 0 .P.. 4?V i 1 i 2 4 t 2 0) 2 t) o R 01 4 g = - 2 tv 4 2 ›- 1 2 111 a S i.e* 14..il 0., o. .0. so ....Era ,: --... 0 ) -,;•I'4'§'/4 It g t ^ 3 s• — .. GI rn \ IA. ,11".,. :g'''.-i. 7.1 RI 2, ..-a a s- ts* `4,nlirri a—`"a"-', t'Ll -'- . 7 .514 .1 f' t & thi. K a K Q siRi • . . .. . '14 2 ci. - -. • . . - • - . • . . \f: ..• 1 .• . : • .. ' ; . • • - . . • . .: . . .. . ...'• .... ‘ . .... 3 §. • 4.0.) it,' rt r - • . 3 . . i.? • ..-- ..,;, r ., • . -. • n,. • r..) ' 2 g . • "d- ceS i ° 3 • CD -41 '‘..4. ' :WI t."' A '... • . i kt\tkor,) ,:pliti. - \/1:7"----.---d",4_ Nt • . . . . 1 • . . 4: ..: .„,. ..... • posTAGE). sowEs . • • ;lc .'(.7••:•• - ------ • - • 1 . . • . . • ......;,..:414:: •-.' 4.4.„ • •I , .. . ar . •4' "'"'"ji l'i:0''4! . . 't .44 : • ZIP 1103 • -- :1. ) $002.4q0 . - • . • ...„ 4, . 02 IV • . . • . • • il')..04.0:44.-!:-."f. 0001381191 NOV 04 2013 \. . . . . . . • . . , . : .. . . . . . I O t 01 e. •Nntne arwi Phelan Hallinxn,LLP "`- 1 tvi Address 1617 7)K'Boulevard.Suite 1400 E 1. 1 t�I- • Of Sender One Penn Center Plaza - 4\ / Q• • • Philadelphia,PA 19103 AZK/CRT;12!04/1013 SALE / a 1 Line Article Number Name of Addressee,Street,and Post Office Address . . 'Pi�"x. Se .1;1 •Yet o "• 1 dry TENANT/OCCUPANT .. ' $4 4y.0> •....t 4 ;r.,m1, 3656 CHESTNUT STREET •'*Ti►_�}•0.:o° •CAMP BILL,PA 17111.4329 a3f oa • Y •••• COLUMBIA NATIONALINCORPOItA1'ED -.. P.O.BOX 3050 ++ y5'''. Pr COLUMBIA.MD 21045 -s>ti : Jy 3 •••• Domestic Relations of • $0.45 •7' . • Cimtberlard County - ..71u 13 North Hanover Street • Carlisle,PA 17013 -• 4 ••••• Commonwealth of Pennsylvania $0.45 • Department of Welfare • P.O.Box•675. - Hartisbttrg,PA 17105 S •••• Internal Revenue Service Advisor] S0,45 - .• • 1040 Liberty Avenue Room 704 . • Pittsburgh,PA 15222 . • 6 ••*• U.S.Department of Justice $0.45 U.S.Attorney for the Middle District of PA Federal Building • 2211 Walnut Street,Soite 220 PO Box 11754 Harrisburg,PA 17108-1754 -.. (.SRI$LEY-o."SOJNAE .((11MJERLAND).-.. PH 8806619/1021. Page I of 1 Writ Team $2.70 Thai Number of "Tad Nab of Pkcc -Po.,,,..,.n,Pa(Mom of The rust&h mn,o.r aloe e rryuiml.n.I done o eW memathnal,esistercd mail Tte imam..tndcmty sayobk Pieta Used by Sender Received al Ped Office Receiene F,ryloys) Arlie,reanstn„ein.of mmegntiatk dxunena motet F.rreu Mal Mcnmenl,eennunreoon iee.00r.i.SNI IMY,Per pkee subject to■lied 63500.(100;el Aeaneron,me masirn:m Indemnity peyabd ea Evros had nerelnnlise is S51RI i The mammon Indemnity payabk.is IS SAW foretiuered nail,sew will optional inxunnoe See @most,Moil Memel $19065913 wl£971 for Pnosonon..f avrn,eo_ Form 3877 Facsimile . • { I I ?.313 NOV 2! NM 9: ?s� CUMBERLAND COU8' `6 PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SHIRLEY G. SOWDEN : No.: 13-91-CIVIL Defendant ORDER AND NOW, this Z 0' day of garr 4Av- , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $50,079.12 Interest Through November 1, 2013 $3,902.01 Late Charges $43.94 Legal fees $1,300.00 Cost of Suit and Title $966.75 Property Inspections $60.00 Escrow Deficit $1,859.82 TOTAL $58,211.64 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. I•e_s lrzalaLk BY C O wf�; J . n K J. �1 806619 , EN pN� 11,D COLNr„ ILVAKIA Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County SHIRLEY G. SOWDEN • • No.: 13-91-CIVIL Defendant • PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 7, 2013. 2. Judgment was entered on August 23, 2013 in the amount of$51,324.79. 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 806619 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on February 5, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $50,079.12 Interest Through January 9, 2014 $4,590.60 Late Charges $43.94 Legal fees $1,300.00 Cost of Suit and Title $1,075.51 Property Inspections $30.00 Escrow Deficit $1,859.82 TOTAL $58,978.99 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 2, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 806619 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: //z�! By: �Gvyei Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 806619 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff . • Civil Division v. . •: CUMBERLAND County SHIRLEY G. SOWDEN . •: No.: 13-91-CIVIL Defendant . MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHIRLEY G. SOWDEN 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 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. 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. 806619 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 806619 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 806619 • III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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 806619 • outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for 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 806619 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 806619 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 806619 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 806619 • WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: f7Z//fc By: Adam H. Davis, Esquire Attorney for Plaintiff 806619 Exhibit "A" 806619 e PHELAN HALLINAN, LLP Attorney for Plaintiff 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 rn G s-1 Z- N o WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY `-'-c `'' p 7:B• 0 2' vs. : COURT OF COMMON PLEAS Zo r is,. • p • ; SHIRLEY G.SOWDEN : CIVIL DIVISION : No. 13-91-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO F4Rt �,�, ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHIRLEY G.SOWDEN, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $51,314N r;r4'- R� , L.hP-*P-hy certify that(1)the Defendant's last known addresses are 558 APPALA HIAN AVENUE,MECHANICSBURG,PA 17055-5506 and 3wb CHESTNUT 3TLT,CAMP HILL,PA 17011-4329,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. • Date g AT//, Jo g'io• ' Id. No.312174 Attorney re �� (+n DAMAGESS ARE REBY ASSESSED AS INDICATED. DATE: (10.3 I ; ah PH#806619 PROTHONOTARY 806619 • Exhibit "B" 806619 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 18,2013 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 RE: WELLS FARGO BANK,N.A.v. SHIRLEY G. SOWDEN Premises Address: 3656 CHESTNUT STREET CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 13-91-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 12/24/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff Enclosure 806619 . e“u4 et 090 Cel le€4000 sti,a 4 OO `ZOO $ .BQII dY '•F F .. 00 r .t SR . S M09A N Icr<< cV_Lad`S n , , iIj I .. jI5 jil .1.141 lir t R •t 4, t� .,, Fl„, w Jun . . co at x a cI. ,ft 4 Q u C W as Z n2 C «r w � w9w .1 3 a ... ' rn ° k j .;.? ›,t.? or. , 0.o mu �,oWAr . �• 15.4 at ca Cct �i : . 4 Z * x •e c 1 coo ..t3� ti..., d Al; : b 0 2 ■ . ;.. ' ' 1* �, r, «x }r -> xi := ',',4-..,',4".1,dy1;' • y: ; ♦ z ` ‘ .e Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division v. CUMBERLAND County SHIRLEY G. SOWDEN • No.: 13-91-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP DATE: 1/2 //' By: a?4,44,t .1~4. Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 806619 U LIMBERL, ,i PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,NA. Court of Common Pleas Plaintiff • Civil Division V. CUMBERLAND County SHIRLEY G. SOWDEN • No.: 13-91-CIVIL Defendant RULE AND NOW,this day of 40.-4, 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 806619 4 !� r orhoN 20111JAN 13 At9 9: 3 C pENNs yd i ANtA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County SHIRLEY G. SOWDEN • No.: 13-91-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 8, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP DATE: 1/10/PI By: John D. , Esq., Id.No.312244 Attorney for Plaintiff 806619 2014 F B -7 AP1t-0: J6 CUMBEht LAtjoy COUNTY NIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 3, 2014. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 18, 2013 .and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. s 806619 } 3. A Rule was issued by the Honorable Kevin A. Hess on January 8, 2014 directing the Defendant to show cause by January 28, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto,'made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 10, 2014 in accordance with the applicable rules of civil procedure.- A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 28, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Dainages. Phelan Hallman, LLP DATE: If By: _ John D. trohn, Esq., Id. No.312244 Attorney for Plaintiff 806619 Exhibit "A" 806619 y PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Permsylvania December 18,2013 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG,PA 17055-5506 RE; WELLS FARGO BANK,N.A. v. SHIRLEY G. SOWDEN Premises Address: 3656 CHESTNUT STREET CAMP HILL,.PA 17011 CUMBERLAND County CCP,No. 13-91-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the.requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 12/24/2013. Should you have further questions or concerns,please do not hesitate to contact me:. Otherwise,please be guided accordingly. Very truly yours, Adam 1-I. Davis,Esq., Id.No.203034 Attorney for Plaintiff Enclosure 806619 tcUL $l �31146119£tOOO � �y y hi i aol-zoo $ EOl6l diZ .cam t,� � •T �' � ' .r $ a CL T h E >,a ='E O r o 9•S e cil �W EY'8 m � •� G� N GC O U O qU L tS O ° $ E N r •� py u E m 00 c FS W ar MLpws0. a � � C6 Z fYIU c s4- G 0 N 0 C. y .aU06. SW CL � � v •`—" � aoors� � u`ri � � z4 c a tn Gr] nL —°° Oa. Zt"i kn 0in UcL Fa V L t eq a � p Exhibit "B" 806619 Y L VII,N,i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common.Pleas Plaintiff Civil Division V,. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant RULE AND NOW,this, day o. '2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have .twenty (20) days from the date of this Order to file a response 'to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 806619 Adam H.Davis,Esq.,Id.No.203034 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG,PA 17055-5506 CAMP HILL,PA 17011-4329 806619 806619 Exhibit "C " a At, v Elyt'tr�'a 1 Phelan Hallman, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn @phelanhallinan.com . 215-563-7000 ax WELLS FARGO BANK,N.A. C;"ofj t (.)f C~:o nii n(.n Pleas Plaintiff Civil Division vs. CUMBERLAND County SHIRLEY G. SOWDEN No. 13 91 G , i- Defendant NO CERTIFILA ATON OF SERVICE ` I hereby certify that a true and correct copy of the Court's January 8, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHIRLEY G. SOWDE\T SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP DATE: . _._..__ / .. By, _ .. _.. John D. ' 7n, Esq.,Id.No.312244 Attorney for Plaintiff 806619 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krolun @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff .. ; Civil Division VS. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the.following individual on the date indicated below. SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 CHESTNUT STREET MECHANICSBURG, PA 17055-5506 CAMP HILL, PA 17011-4329 Phelan Hallinan, LLP DATE: Z& By: Qt".- John D. Kroh , Esq., Id. No.312244 Attorney for Plaintiff 806619 ' t: "014 FEB 18 AM 10: 2 IN THE COURT OF COMMON PLEAS C .'`9 ?EtiL ;ND COUNTY CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SHIRLEY G. SOWDEN No.: 13-91-CIVIL Defendant ORDER AND NOW, this /7- day of f-4--7 , 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $50,079.12 Interest Through January 9, 2014 $4;590.6.0 Late Charges $43.94 Legal fees $1,300.00 Cost of Suit and Title $1,075.51 Property Inspections $30.00 Escrow Deficit $1,859.82 TOTAL $58,978.99 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT- s . J. 806619 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � � �7 � ���� r:{L `-CFF/�� .F THE PIWTHU!ih-^.in. 11 APR 10 PH 2: 29 CUMBERLAND COUNTY PENNSYLVANIA VANiA Wells Fargo Bank, NA. vs. Shirley G. Sowden Case Number 2013-91 SHERIFF'S RETURN OF SERVICE 09/27/2013 02:20 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy ofthe requested Real Estate Writ, , Notice and Description, and Sale Handbill in the above titled action, upon the property located at 3656 Chestnut Street, Hampden - Township, Camp Hill, PA 17011, Cumberland County. 10/04/2013 07:51 PM - Deputy Shawn 8utehoU, being duly sworn according to |ovv, served the requested Real Estate Writ, Notice and Deechpdon, in the above titled nction, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendarit, to wit: Shirley G. Sowden at 558 Appalcahian Avenue, Upper Allen, Mechanicsburg, PA 17055'5506. Cumberland County. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/04C2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $698.29 SO ANSWERS, April 09, 2014 RON R ANDERSON, SHERIFF CountyStrie. Teloosoft.o� ci On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 3656 Chestnut Street, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 26, 2013 By: CitzoLL, Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-91 Civil Term WELLS FARGO BANK, N.A. vs. SHIRLEY G. SOWDEN Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-91-CIVIL, WELLS FARGO BANK, N.A. v. SHIRLEY G. SOWDEN owner(s) of property situate in HAMP- DEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. Parcel No. 10-21-0275-127. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $51,324.79. 115 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. ~-2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ehe patriotXeuis Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of ��K8&nU'��t'���0 -'-'' _--__ 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 2013-91 Civil Term WELLS FARGO BANK, NA. vs. SHIRLEY G. SOWDEN Atty: Joseph Schalk By virtue of a Writ of Execution No. 13.91-CnnL WFI IS FARGO BANK, NA. V. SHIRLEY G. SOWDEN owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being s65o'cnmnNnT STREET CAMP HILL, ' � 3 1 - PA .� ` om14329 Parcel (Acreage or street addrcss) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $51,324J9 This ad ran on the date(s) shown below: 10/13/13 10/20/13 nd subscribed before e thi day of November, 2013 A.D. OF Notarial Seal Molly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 EtiNSYINAMA ASSOCiATIO OF NOT MEmBE ES Wells Fargo Bank, N.A. PRAECIPE TO ENTER JUDGMENT ON THE ORDER r` - �! P.R.C.P. 3180-3183 i"t '" X1/1, l-, 41110: COURT OF COMMON PCEAP- NJ S)r ,,, Plaintiff CIVIL DIVISION �S Y co1N NO. 13 -91 -CIVIL v. CUMBERLAND COUNTY Shirley G. Sowden Defendant(s) PRAECIPE TO ENTER JUDGMENT ON THE ORDER To the Prothonotary: Kindly enter judgment on the Court Order dated 2/13/2014 in favor of the Plaintiff and against, Shirley G. Sowden, defendant(s). As Set Forth in the Order $58,978.99 Phela LLP JohjyM. Kolesnik, Esq., Id. No.308877 attorney for Plaintiff 0,4 l(p.sty1 et41- pc,/ 1 y�oi F[�IL({ED--iFHC . "1 f' THE CARD i7 HONv'_ AR's 2014 FEB 18 AM IC= 2 ! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY;.PENNSYLVANIA PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. SHIRLEY G. SOWDEN Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: `13 -91 -CIVIL ORDER AND NOW, this /341'. day of ___ 1 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon. Defendant shall be and is hereby'made absolute and 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 tune as follows: Principal Balance • Interest Through January 9, 2014 - Late Charges • Legal fees . Cost of Suit and Title Property Inspections Escrow Deficit Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. • $50,079.12 $4,590.60 ' $43.94 $1,300.00 $1,075.51 $30.00 $1,859.82 $58,978,.99 - BY 58,.97$ 99 - BY THE COURT: 806619 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff v. Shirley G. Sowden Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/10/2014 to Date of Sale ($9.70 per diem) TOTAL Note: Please attach description of property. PH # 806619 a qg.oat2P. (196143 99 " I o7S"P 1U -Sof 0qg sb<t.l c116.014 /49j : COURT OF COMMON PLEAS . CIVIL DIVISION . NO.: 13 -91 -CIVIL : CUMBERLAND COUNTY $58,978.99 allinan, LLP Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff c: a c11).ai,,0 e,LH ,q,069w (=CO Rs Tssoed LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden township, Cumberland county, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, registered surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a point on the northern side of Chestnut street 540 feet west by same from the northwest corner of the intersection of Chestnut street and 36th street at the dividing line between lots nos. 23 and 24, block C on hereinafter mentioned plan of lots; thence south 88 degrees 26 minutes west along the northern side of Chestnut street, 60 feet to a point at the dividing line between lot no. 24, block C on said plan and now or late of Charles Paas; thence north 1 degree 34 minutes west along the same 120 feet to a point; thence north 88 degrees 26 minutes east 60 feet to a point at the dividing line between lots nos. 23 and 24, block C on said plan; thence south 1 degree 34 minutes east along the same 120 feet to a point, the place of beginning. TITLE TO SAID PREMISES VESTED IN Shirley G. Sowden, a married woman, by Deed from Harit T. Trivedi and Dipti H. Trivedi, his wife, dated 05/14/1999, recorded 05/17/1999 in Book 199, Page 561. PREMISES BEING: 3656 Chestnut Street, Camp Hill, PA 17011-4329 PARCEL NO. 10-21-0275-127. PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff v. Shirley G. Sowden Defendant(s) -, 7 lei NO l;1 C� J[�1ti 19 4111C; 25 PENNSYL ANIA�i CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -91 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied 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: P r� llinan, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Wells Fargo Bank, N.A. COURT OF COMMON PLEAS Plaintiff v. Shit. ey C. Sowden befendant(s) 19f 0 t•6 i ! C' L3ERLA D COOT; a ': PENNSYLVANIA CIVIL DIVISION NO.: 13 -91 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3656 Chestnut Street, Camp Hill, PA 17011-4329. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Shirley G. Sowden 558 Appalachian Avenue, Mechanicsburg, PA 17055-5506 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Shirley G. Sowden 558 Appalachian Avenue Mechanicsburg, PA 17055-5506 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Columbia National Incorporated P.O. Box 3050 Columbia, MD 21045 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) Township of Hampden 230 South Sporting Hill Road Mechanicsburg, PA 17055 Township of Hampden C/O Keith Brenneman, Esq. PH # 806619 Snelbaker & Brenneman PC 44 West Main 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. f 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 3656 Chestnut Street Camp Hill, PA 17011-4329 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 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 authoritie Date: .iii09 PH # 806619 By: man, LLP chael Kolesnik, Esq., Id. No.308877 ey for Plaintiff P LAN HALLINAN, LLP 617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. r Shirley G. Sowden : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 13 -91 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shirley G. Sowden 558 Appalachian Avenue Mechanicsburg, PA 17055-5506 Shirley G. Sowden 3656 Chestnut Street Camp Hill, PA 17011-4329 **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 3656 Chestnut Street, Camp Hill, PA 17011-4329 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $58,978.99 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs 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. 13 -91 -CIVIL Wells Fargo Bank, N.A. v. Shirley G. Sowden owner(s) of property situate in the HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 3656 Chestnut Street, Camp Hill, PA 17011-4329 Parcel No. 10-21-0275-127. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $58,978.99 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, situate in Hampden township, Cumberland county, Pennsylvania, more particularly bounded and described according to a survey made by Robert L. Reed, registered surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a point on the northern side of Chestnut street 540 feet west by same from the northwest corner of the intersection of Chestnut street and 36th street at the dividing line between lots nos. 23 and 24, block C on hereinafter mentioned plan of lots; thence south 88 degrees 26 minutes west along the northern side of Chestnut street, 60 feet to a point at the dividing line between lot no. 24, block C on said plan and now or late of Charles Paas; thence north 1 degree 34 minutes west along the same 120 feet to a point; thence north 88 degrees 26 minutes east 60 feet to a point at the dividing line between lots nos. 23 and 24, block C on said plan; thence south 1 degree 34 minutes east along the same 120 feet to a point, the place of beginning. TITLE TO SAID PREMISES VESTED IN Shirley G. Sowden, a married woman, by Deed from Harit T. Trivedi and Dipti H. Trivedi, his wife, dated 05/14/1999, recorded 05/17/1999 in Book 199, Page 561. PREMISES BEING: 3656 Chestnut Street, Camp Hill, PA 17011-4329 PARCEL NO. 10-21-0275-127. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. SHIRLEY G. SOWDEN WRIT OF EXECUTION NO 13-91 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $58,978.99 L.L.: Interest FROM 1/10/2014 TO DATE OF SALE ($9.70 PER DIEM) Atty's Comm: Due Prothy: $2.25 Atty Paid: $985.04 Other Costs: Plaintiff Paid: Date: 6/19/14 (Seal) -.00011111 David D. Buell, Prot!, o r otary By: Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PH # 806619 DEFENDANT SERVICE TEAM/ lxh SHIRLEY G. SOWDEN COURT NO.: 13 -91 -CIVIL SERVE SHIRLEY G. SOWDEN AT: 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED r�- Served and made known to SHIRLEY G. SOWDEN, Defendant on the S12°day of J uLY , 20 14, at -7, Do , o'clock . M., at 55R 4 -pp L/j-C (4- i.J f in the manner described below: _ Defendant personally served. /4 Ect4i3 Jt .S 8t/2&, �[ Adult family member with whom Defendant(s) reside(s). Relationship is 1114S 6/1-01). _ 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 SOS Height Si/D!Weight (7 O Race Sex M Other I, Ronald Moll a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7% (r ' NAME: / PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of, 20 at o'clock _. M., I, state that�eiendant NOT FOUND because: Vacant Does Not Exist Moved , a competent adult hereby _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLtP Paul Cressman, Esq., Id. No38079 _ 1617 JFK Boulevard, Suite 14.0(f. One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 + ,,44,4!. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. SHIRLEY G. SOWDEN Defendant(s) . CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -91 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Maili • orm 3817) and or ' • ied Mail Return Receipt stamped by the U.S. Postal Servic • is attached here Date: 10(34 1 GG ff ressman, Esq., Id. No.318079 Attorney c P1 intiff 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 # 806619 at Name and Address Of Sender Phelan Hallinan, LLP 11.110 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ta�nanntaxnra Line Article Number Name of Addressee, Street, and Post Office Address Postage y �[ i r Cltov, w ! ll a rtt ' S v� 6 n%.n Nc $,1 w ¢•y�l ♦z : ma'4•04:14•• • '' :%-?,,,,,,rat Z' 'j Z ''j n •w 1 **** Tenant/Occupant 3656 Chestnut Street Camp Hill, Pa 17011-4329 $0.47 2 **** Columbia National Incorporated P.O. Box 3050 Columbia, Md 21045 S0.47 3 **** Township Of Hampden 230 South Sporting Hill Road Mechanicsburg, PA 17055 S0.A7 4 •*** Township Of Hampden C/O Keith Brenneman, F_sq. SNELBAKER & BRENNEMAN.PC 44 WEST MAIN STREET MECHANICSBURG, PA 17055 $0.47 X / �� 5 **** Domestic Relations Of Cumberland County 13 North Hanover Street Carlisle, PA 17013 80.47 r ?` p 4; 6 **** Commonwealth Of Pennsylvania Department Of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 .-----., c'. 7 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, Pa 15222 80.47 8 s*** 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 $0.47 RE: SHIRLEY G. SOWDEN (CUMBERLAND) PH 4 806619/1021 - Page 1 on__ .. :writ -Team . - $3.76 Total Number of Pieces fisted by Sender Taal Numbs of Pieces Received al Port Wet Pnstmastor, Per (Name of Receiving Employee) The full declaration of value is required no all domestic ood het =linnet resist red mail. The maximum indemnity payable fur the reconstruction of rnnnegotiabk documents ander Express Mail document reenn,00a,nn insurance is $501100 per piece subject to a limn of 3500.1100 per oeeonena. The maximum indemnity payable on Express Mail merchandise o 5099. The maximum indemnity payable is S2S.IKy1 for registered mail. sem with apsional insurance. See nnmewi Moil Mx mud 1E910S913 and S92f for limitations of cover • . orm 3877 Facsimile !fi PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Attorney for Plaintiff : CIVIL DIVISION v. : No.: 13 -91 -CIVIL SHIRLEY G. SOWDEN Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: PH # 806619 //e7 Cressman, r sq., Id. No.318079 Attorne for P1. ntiff -w PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff Attorney for Plaintiff : CIVIL DIVISION v• : No.: 13 -91 -CIVIL SHIRLEY G. SOWDEN Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SHIRLEY G. SOWDEN SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE 3656 . _ . ► T STREET MECHANICSBURG, PA 17055-5506 -4329 Date: PH # 806619 /2_77 /t/. an, Esq., Id. No.318079 r Plaintiff 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 OF THE 1-.1; TH ;;itlTt,VI 20 5 J f ,1 — 7 A:@TQBNEY FOR PLAINTIFF COUNTY CU 13Eii_ti`_;',iiia FEN Court of Common Pleas Civil Division v. SHIRLEY G. SOWDEN Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 7, 2013.. CUMBERLAND County No.: 13 -91 -CIVIL 2. Judgment was entered on August 23, 2013 in the amount of $51,324.79. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated February 13, 2014, amending the judgment amount to $58,978.99. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 806619 1 5. The Property is listed for Sheriffs Sale on February 4, 2015. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 31, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit $50,079.12 $7,115.43 $43.94 $2,125.00 $1,709.72 $698.29 $45.00 $3,624.48 TOTAL $65,440.98 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 29, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Make Rule Absolute dated February 13, 2014. 806619 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justi obeski, Esquire AT ,' ' EY FO ° PLAINTIFF 3 806619 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. SHIRLEY G. SOWDEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -91 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHIRLEY G. SOWDEN 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 3656 CHESTNUT STREET, CAMP HILL, PA 17011-4329. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 806619 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). • The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 806619 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 806619 3 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. W. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 806619 4 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 attomey's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 806619 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS Liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 806619 6 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 806619 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs 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: By: Phelan Hallinan, LLP Ad_ Justi Kobeski squire A • ey for Plai tiff 806619 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. vs. SHIRLEY G. SOWDEN • • • • • • • . • • •. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -91 -CIVIL 4770/4, PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO • 4 Sc $x.1, ANSWER AND ASSESSMENT OF DAMAGES URN TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHIRLEY G. SOWDEN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint 79 TOTAL $5 flfsil./i/ LhrxPhy certify that (1) the Defendant's last known addresses are 558 APPALA HIAN AVENUE, MECHANICSBURG, PA 17055-5506 and :Rob CIESTNU i 3: ET, CAMP HILL, PA 17011-4329, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date $l:Z1f3 Jo Attorney Ri DAMAGES ARE REBY ASSESSED AS INDICATED. DATE: (l/�.3 �3 PH # 806619 Id. No.312174 PROTHONOTARY 806619 Exhibit "B" FILED -OFF ICE: .1HE PROTHONOTAIi't' 2014 FEB 18 AM ro: 21 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY;.1'ENNSYLVANIA PENNSYLVANIA WELLS FARGO BANK, N.A. • Plaintiff vs. SHIRLEY G. SOWDEN Defendant Court of Common Pleas Civil Division '• CUMBERLAND County No.: 13 -91 -CIVIL ,O� ORDER AND NOW, this day of �z°rsuic* f 2014, upon consideration of Plaintiff's • Motion to•Make•Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered,- upon ntered-upon Defendant. shall be and is hereby`made absolute and Plaintiff s•Motion to Reassess Damages in,the above.captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance • • Interest Through January 9, 2014• Late Charges - • Legal fees - Cost of Suit and Title - Property Inspections Escrow Deficit $50,079.12 • . $4,590.6.0 $43.94 $1,300.00 $1,075.51 $30.00 $1,859.82 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ' BY THE COURT: 806619 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 December 26, 2014 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 RE: WELLS FARGO BANK, N.A. v. SHIRLEY G. SOWDEN Premises Address: 3656 CHESTNUT STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13 -91 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 1 ./3/2015 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve `; :truly yo osure Esq., Id. No.200392 Plaintiff 806619 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza a Line Article Number . .... Name of Addressee, Street, and Post Office Address Postage 1**** SHIRLEY G. SOWDEN $0.47 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 2 **** SHIRLEY G. SOWDEN $0.47 3656 CHESTNUT STREET CAMP HILL, PA 17011-4329 RE: SHIRLEY G. SOWDEN (CUMBERLAND) PH # 806619/1200 Page 1 of 1 $0.94 Total Number of Total Number of Pieces Postmaster, Per (Name of The full declaration of value is required on all domestic and international registered mail. The ma Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction ii piece subject to a limit of 55000e0 per occurrence, The maximum indemnity payable on Expres5. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. Se R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile 80661 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. SHIRLEY G. SOWDEN Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 DATE: By: CUMBERLAND County No.: 13 -91 -CIVIL SHIRLEY G. SOWDEN 3656 CHESTNUT STREET CAMP HILL, PA 17011-4329 Phelan Hallinan LLP A4f 4 Justin :beski, Es, ire ATTO'4 Y FOR °LAINTIFF 806619 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. SHIRLEY G. SOWDEN Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -91 -CIVIL 3 AND NOW, this /Z � day of cT7 2011! a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THF COURT .474_ J. C) c; 806619 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 SHIRLEY G. SOWDEN 558 APPALACHIAN AVENUE MECHANICSBURG, PA 17055-5506 �SHIRLEY G. SOWDEN 3656 CHESTNUT STREET CAMP HILL, PA 17011-4329 806619 806619