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HomeMy WebLinkAbout13-0245+ai i 9~C: T flv~F-i~t~U t~P~~j 1 ~~~~Jf~~ 15 ~~9I~~:~S r'~"$F~;Y~b'~~,N1A PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison F. Wells, Esq., Id. No.309519 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 ,I Plaintiff, NO.: ~3_a~~~ ll/l vs. PETER S. EDWARDS 302 HOGESTOV~'N ROAD MECHANICSBURG, PA 17050-3120 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallman, LLP and files this Complaint in Mortgage Foreclosure as follows: 062-PA-V3 a„~~3.~spd Q ~y ~kl# la(es(~a5 `~~}a~'S3(ob 5 ~,~,~~ ~or3 ~ a~ Te~~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU' SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOL1 WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File ~: 311267 7. PETER S. EDWARDS is record and real owner of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2012. 9. As of 12/10/2012, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $134,413.04 Interest $ 5,209.78 05/01/2012 through 12/10/2012 Late Charges $ 188.64 Property Inspections $ 15.00 Escrow Deficit $ 948.18 TOTAL $1.40,774.64 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 j anal Plaintiff s attorneys' fees and expenses. Plaintiff res~~es 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 10. Notice o f Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowmer's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended ,, in 2008, and/or Notier~ of ~pefault as required by the mortgage document, as applicable, have been sent to the Defendant(s). 062-PA-V3 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, PETER S. EDWARDS, is an individual whose last known address is 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. 3. The Defendant, THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA, has last known address of 228 WALNUT STREET, SUITE 220, PO BOX 11754, HARRISBURG, PA 17108-1754. 4. 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. 5. On or about July 16, 2004, PETER S. EDWARDS made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION a Mortgage in the original principal amount of $151,200.00 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 1874, Page 1098. 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. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded August 9, 2012, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201224111. 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. 062-PA-V3 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. PETER S. EDWARDS; CUMBERLAND Docket No. 2011-09287; Filed 12/16/2011; in the amount of $19,993.04 (B). United States vs. PETER S. EDWARDS; CUMBERLAND Docket No. 2011-09286; Filed 12/16/2011; in the amount of $9,787.04 12. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $140,774.64, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. _ 4 3 By: Date: ls, Esq., Id. No.309519 ~ ~<<u~ ~~~~ 062-PA-V3 Exhibit "A" ~ t EOVvaRDS c July 16 2x04 i~~l 302 HOGESTOWN ROAD 1. BORROWER'S PROMISE TO PAY ~~~ CUMBERLAND [may) PENNSYLVANIA [sracs3 MECHANICSBURG, PA 17050 ~~ [t'roperty Addrtssl . In return tqr a Loan that I have received, I promise tQ pay U.S. ~ '151,200.00 (this arnouni is called "Principal"), plus iruerest, to the order of the Lender. The Lender is VYACHOVIA MORTGAGE CORPORATION I will make all paymetui under this Note in We form of cash, check or money order. I understand that the Lender may transfer this Nvx. The Lettder or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Inurest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375 46. The interest rate required by this Section 2 is the rate I will pay both before and after any default des~:ribed in Section ti(B) of this Note. 3. PAYMENTS (A) Tune and Place vP Payments I wilt pay princ;ipol and interest by making a payment every month. i will stake my nwnthly payment on the 1st day ofeach month beginnitlg on September 1 2004 1 will make these payments every month until I leave paid al! of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on August 1 2034 1 Kill owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." I will stake my nwnthIy payments at 1100 CORPORATE CENTER DRIVE RALEIGH, NC •27607-5066 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My nandlly payment will be in the amount of U.S. $ 1143,29 4. BORROWER'S RIGAT TO PREPAY I have the right in make payments of Principal at any flute before they are due. A payment of Principal only is known as a "Prepayment." When 1 snake a Prepayment, I will tell dte Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. 1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepaytnrnts to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid iltterest on the Prepayment amount, before applying my Prepayment to reduce the Principal anwunt of the Note. tf 1 make a partial Prepayment, thtre will be no changes in the due date ar in the amount of my monthly payment unIe~ the Note Holder agrees in writing to those changes. MULTISTATE FIX1..D [tATI; NOTE. -Single Family - F,w~ie iVleafFl~eddie Mac UMFO1tM 1N5TR11MF.Nr Form 3100 1f01 29 ! 430 (25lpkg tev03} (01101) [ 1430! 1 PaEe l o{ 3 ~ GM • t EDWARDS S. LOAN CHARGES if a law, which appliec to Ellis load and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected ar to be collected in connection with this loan exceed the permitted limits, then: (s} any such loan charge shall be reduced by the at~unt necessary to reduce the charge to the perttutted limit; aad (b} ally stuns already collected from Etta which exceeded pertniited limits will be refunded to me. The Note Holder may choose w make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction wiU be treated ac a partial Prepayment. 6. BORROWER`S FAitLURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full aalount of any monthly payttlent by the end of 15 calendar days after dle date it is due, 1 will pay a late charge to the Note Holder. 'Che amount of the charge will be S.tIOt? 96 of my overdue payment of principal attd interest I will pay this late charge promptly but only once ou each late payment. (B) Default If I do trot pay the full amount of each monthly payment on the date it is due, I will be in default. ((:} Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Nate Holder may require me to pay immediately the full amount of Principal which has trot been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other ttteans. (D) No Waiver By Nate Holder Even if, at a time when I am in default, the Note Holder doers not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if i am in default at a later time. (E) Payment of Note Holder's Casts aad Expenses If the Note Holder has required me to pay immediately in full as described above, the Notts Holder will have the right to be paid back by ua: for all of its costs atxl expenses in enforcing this Note to the extent not prohibited by applicable law. Those expet>_ses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given W me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of tuy different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stared in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than out person signs this Nate, each personts fully and personally obligated to keep all of rho promises ttrede in this Noce, includnty; the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligat~rts of a guarantor, surety or endorser of this Note, is also obligated to tceep all of the promises made in this Nate. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS [ aad any other person who has obligations under this Note waive the rights of Presetutnent arld Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right rfl require the Note Holder to give notitx to other persons that amounts due have not beau paid. Form 32ott t~tn 241430 {Ileach rev03) {0!101) 114302) PaBc 2 of 3 JCM ~ ~ VYVr .~ . EDWAROS 10. UMFORM SECURED NOTE This Note is a unifotxn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument', dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not {seep the promises which l make in this Note. That Security Instrument de~ribes how and under what conditions I may be required to stake immediate payment in full of all amounts I owe under this Note. Some of those conditions arr described as fellows: If all or any part of the Property or any Interest in the Property is ~Id or transferred (or if Borrower is not a natural person and a beneficial interest in Harrower is sold or transferred) without Lender's prior writteu consent, Lender may require immediue pltyttunt in Cvll of ail sums secured by this Security Instrument: However, this option shall not be exercised by i,et~er if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not tens than 30 days from the date the notice is given in aceortilance with Section 15 within which Borrower must pay all sums secured by this Security lnswment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further nonce or demand on Borrower. WITNESS THE HAND(S) AND SBAL(S) OF THE UNDERSIGNED.I/~~~ ~/,,1~%~~/ ^' (Seel) ETER S DWARDS -Borrower (Seal} -Borrower (SCeI) -Borrower (Seal) -Borrower PAY TO THE ORDER OF WITHOUT RECOURSE VYACIiOViA MORTGAGE CORPORATION BY• Assistant Vice President i<AREN ~Aws _,_,,,, (Seal) -Borrower (~) -Borrower ..._. (~) -Borrower (~ -Borrower jSign ~rigilwl oltyj JGM Farm 3200 t/Ul 241430 {1/each rev03} {QINI) [t4303) Htgo 3 of 3 ;: t BORROWER CERTIFIC~ONS t:DwARDs (X } LENDER NAMii: WAC} j,Q]{IA MORTGAGE CORPORATION (X) ADDRESS CERTIFICATION Mortgagor(s): PETER S EDWARDS I hereby.cettify drat the above referenced mortgagor's property is located at the address ittdicaled below and that the correct mailing address of the mortgagor is also iadicatod below. The Complete ~r perty Street 302 HOGESTOWN ROAD Address iS as follows: MEC~NI,~,NICSBURG. PA 17065 (Car~stuerzP) Tht: Complete Mailing Address (if ~1(ferettl frntn shove} is as follows: Martns¢or's Phone Nutaber• E-i4[ail Addttiss (if available): t ~:r~~) OCCUPANCY STATEMENT: This is ro certify that I {mark applicable sencsnce): ( X) Do now occupy or intend to occupy said property as my primary residence within 60days of loan clociry; or modification. ( ) Purchased subject property for investrrtettt proposes or refinanced this investment property. ( ) Purcbascd subject property as a second (tome, and 1 will occupy said property for more than 14 days per year. failure to comply with occupancy shall constitute default under ttx terms of the loan and in cast of de- fault lmust upon recall of the loan by the Irnder immediately pay in full the bslanoe of die loan anti any other atmunt to wJtich Lender is entitled upon default; Upon failure to occupy, I aclmowledge that the in- terest rate tray be accelerated to the non•owner occupied rate in effect at the date of original application. ( X} SALES CONTRACTS I hereby ce~fy that alt conditions ia:luding but not limited to inspa:tiotts, of the CoatractlOfter to purchase sigttod aced executed by rite have boon satisfactorily met. ( X} EMPLOYMENT CERTIFICATIONS: This is to certify tkat 1 a-n currently workiag acrd income circtm>staaces have not changed from that as shown on the loan application. I have received tto notice of layoff anti do not have any knowledge of peadiug layoff. My outstanding obligations, assets and income are sttbstantiaily the Sartre as reported on the application. (X) TERMITE CERTIFICATION AND OTHER PROPERTY INSPECTIONS: This is to advise that I have received a copy of any Termite RepoNSoil Treatment Guaranty ar other property inspeCdons and have read, understand, a~ accepted die same, The Leader does not warrant dtc cotttenta or adoquacy of arty property in- spections nor does it warrant die quali5ptioas of any company andlor person who performed the inspcetions. Borrowers should base aa:eptance of the condidoa of the propcny upon thorough invesdgatioa and profession- al advice they deem prudent. { X) TRUE AND EXACT COPV CERTIFICATION: l hereby certify that any photocopied doctmtent(s) provided by me to the Leader atbd/or intenoet ducumeot(s) provided by me to the Linder art: uue ark exact copies of the original(s). ( X} NAME CERTIFICATIONS: With reference to the subject loan application the following names appearing in t~~ag } e A~n~ and the same person. PETER EDWARDS P EDWARDS (X } COMPLIANCE AGREEMENT: The tuffiersigned borrower(s) for and in consideration of the above referenced [.under this day funding the closing of this loan agrees, if requested by Lender or Closing Agent for Lender W Polly cooperate arnl adjust fir clerical errors, any or all loan closing docuraentadon if deemed necessary or desirable in the trasoaable discretion of I.etMer to enable Leader to se11, convey seek gtwranty market said loan to any entity, including but not limited to an inveswr, Federal National Mortgage Association, Federal Hame Loan Mortgage Cotp- oratian Department of Housing and Urban Development or the Veterans Administration. The undersigned borrowers} do hereby so agnx and covenant in order to assure that this loan documenta- tion executed this date will contbrm and be acceptable in the tnarketplaee in the instance of transfer sale or con- veyance by lender of its interest in and to said loan docunxtuation. { ) OTHER: ( ) MANUFACTURED HOMES ONLY: I tmderstattd that it is the iatem of the Lender and d-Y intent for the manufactured home to be part of the teal property drat secures the mortgage. Corti aced agreed t~s 16th day of July, 2004 ~cf ~ ~!rc.. _ ~~,} (SEAL) fSonvwe0 ETER S FDWARDS {Barcowe~ (s~•) t36AIJ (Sotrow~or) t7~RaW~ Swam to anti eabscribed before ux tills 16th dry of _ Julys 2004 roo IAw,,L SEAL L ~ lGM My Commission Espircs: AIAP 'Y ~~~P and ~76 (Nan:y i'ublic} 242a38 rev1A (03/031 2t~AmmiSSiOn Expifes.Janaarv 3 Exhibit "B" LEGAL DESCRIPTIQN ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public road leading tiom Mechanicsburg to Hogestown and known as the Hogestown Road (Route No. 114), at corner of land now or formerly of Weir and Helen Wert, said point of BEGINNING. BEING referenced as 124 feet northwestwardly from the center line of public Township Road (T-SA6); thence along the line of said land now or late of Weir and Helen Wert, North 35 degrees East 307.50 feet to a point in the line of land now or late of Fern E. and Margaret T. Matthews; thence along said line of land now or late of Fern E. and Margaret T. Matthews, North 55 degrees West 100 feet to a point; thence along the line of other land now or formerly ofFielding H. Belt and wife, of which this is a part, South 35 degrees West 307.50 feet to a point in the public road leading from Mechanicsburg to Hogestown, aforementioned; thence along said Road, South 55 degrees East 100 feet to a point in said road, at corner of land now or late of Weir and Helen Wert, aforesaid, at the PLACE OF BEGINNING. BEING Lot No. 1 in the Subdivision Plan of Lots of Fielding H. Belt, dated January 2t}, 1966, as prepared by William B. Whittock, Registered Professional Engineer. File #: 31 1267 HAVING thereon erected a brick split-level dwelling known as and numbered as 302 Hogestown Road, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Charles R. Ball, Executor of the Estate of Shirley Jane Ball, also known as Shirley J. Ball, deceased, by Deed bearing date the 26th day of March, 2001, and recorded on 27th day of March, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 241, Page 662, granted and conveyed unto Marilyn B. Garman. TAX MAP PARCEL # 38-21-0291-061 PROPERTY ADDRESS: 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050- 3120 PARCEL # 38-21-0291-061 File #: 311267 VERIFICATION Jasmin McLean, hereby states that he/ he s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/~he~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 his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~C_.- Name. smin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01!08/2013 086-PA-V2 File # 311267 FORM I WELLS FARGO BANK, N.A. VS. Plaintiff(s) PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' ~~ivil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM ~-: •r' `~ -~ ~ ~ °,". _ -t;J ~ am _.~ .. P "~', C . y r ..~ ~ ~l ~ - `~, P ~ ~ ~; ~' C.J"1 -G~' ~* u ~: ra c~ ~: ~~ p ^~r,. --4 FORECLOS~R~ ~' 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 effort to resdve this matter with your lender. Ifyou do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. Ifyou and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Ifyou are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. Ifyou and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request fo• Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative d'your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. 1F YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM [S FREE. Respectfully Date We~,lb! Esq., Id. Attorney for Plaintiff 2~~+~ FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: State:__ Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: How long? State: Zip: Home: Cell: State:_Zip: Office: Other: Office: Other: Email: # of people in household: How long? First Mortgage Lender: _. Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & [nsurance: PrimarX Reason for Default: [s the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ _ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model: Year: Amount owed: Value Monthlv Income Name of Employers: Year: Year: 1. _ _ Monthly Gross -Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross -Monthly Net Additional Income Description (not wages): 1. monthly amount: 2, monthly amount: Borrower Pay Days:_ Co-Borrower Pay Days: _ Monthlv Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2"a Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses ~___ _ Amount Available ~~ur M,A;Ilthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency:_ Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named _ Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#311267. DEFENDANT SERVICE TEAM/do PETER S.EDWARDS COURT NO.:13-245-CIVIL r-Ja THE UNITED STATES OF AMERICA C/O THE UNITED STATES -- ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE,N.W. �s• - t WASHINGTON,DC 20530 • SERVED N ' Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY47OR THE MIDDLE DISTRICT OF PA,Defendant on they day of lam. 2013_,at L ;fig,o clock�'M.,at 5j1fj—= fiS A-150 V G ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). ./1<gent or person in charge of Defendant's office or usual place of business. EP-J41-05, G1�72 t, _ an officer of said Defendant's company. _Other: Description: Age 2,4� Height G,I I Weight 1*79 Race 154Wex_A4_Other 1, ,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. ,,`�11I '1 VP 20 .���� N,•�a•.w•••E"A'�••r A.h.•'V� Sworn to and subscri�d before me this�hday Q• p ��, i� �t of y: (By: 2r v NOT SERVE ,day ,20_,at o'clock_.M.,I, 4cbmg• ,*; ate that De ndant NOT F use: �VQ ��{```,,� Vacant _Does Not Exist _Moved _Does Not Reside(Ney �f? �>� No Answer on. at at Service Refused Other: Sworn to and subscribed- before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq.,Id.No.312314 Jenine R.Davey,Esq.,Id.No.87077 John M.Kolesnik,Esq.,Id.No.308877 Lauren R.Tabas,Esq.,Id.No.93337 Matthew G.Brushwood,Esq.,Id.No.310592 Jay B.Jones,Esq.,Id.No.86657 Zachary J.Jones,Esq.,Id.No.310721 Andrew L.Spivack,Esq.,Id.No.84439 Justin F.Kobeski,Esq.,Id.No.200392 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 i _§µV i` CID t- rn r CJ 7�ry PHELAN HALLINAN, LLP ._ Joseph P. Schalk, Esq., Id. No. 91656 crt 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. 2013-245-CIVIL PETER S. EDWARDS 302 HOGESTOWN ROAD Cumberland County MECHANICSBURG, PA 17050-3120 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On January 15, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due June 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 28, 2013, Plaintiff completed service of the Complaint in Mortgage 311267 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. 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. 311267 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: b BY(!Atto e h Schalk, Esquire ey for Plaintiff 311267 Exhibit A �v>sI'Cove�Meet .,—.� �tt COUII Docket No: Cl71Yi SF E-1AND• County v The information collected on this form is used solely for court administration purposes. This form does not ,su)plement or replace the filing and service o{]�lecrdr'rt s or other �rtiers as re mired by lmv or rules of court. S Commencement of Action: ❑ petition O Complaint ❑ Writ of Summons Declaration of Taking E ❑Transfer from Another Jurisdiction C Lead.Plaintiff s Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: PETER S.EDWARDS T Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ❑ Yes 0 No (G11eck one) 0 outside arbitration limits O x Is this an MDJ Appeal? ❑ Yes 0 No N Is this a Class Action Suit. ❑Yes ❑ No Name of Plaintitf/Appellant's Attorney: Allison 1 .Wells Es .. lid.Nb 309519 Pltela»Hallman 1;.C1? A ❑ Check here if you have no attorney(are aSelf-Represented [Pro Se] .Litigant) Nature Of the Case: Place an 'X"to the left of the ONE cased category a type most claim,accurately ely check that PRIMARY CASE.If you are making m you consider most important. - I T(do not include Mass%'urt) T NTRACT (do not include JudGments) CIVIL APPEALS Buyer Plaintiff Administrative Agencies ❑ Intentional ❑Board of Assessment. ❑ Malicious Prosecution Debt Collection: Credit Card ❑Board of Elections ❑ Motor Vehicle Debt Collection: Other ❑Dept.of Transportation ❑Nuisance — ❑ Statutory Appeal: Other O Premises Liability ❑Product Liability(does not ❑Employment Dispute: S include mass tort) Discrimination ❑ Slander/Libel/Defamation ❑Zoning Board E ❑Other: ❑Employment Dispute: Other ❑Other: C – - T ❑ Other: MASS TORT 0 ❑ Asbestos N ❑Tobacco •Toxic Tort-DES REAL PROPERTY MISCELLANEOUS •Toxic Tort-Implant ❑Ejectment ❑Common Law/Statutory Arbitration •Toxic Waste ❑ Declaratory Judgment $ ❑ Other: ❑ Eminent Domain/Condemnation �Mandamus ❑ Ground Rent. ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑Quo Wan anto PROFESSIONAL LIABILITY p Partition ❑Replevin •Dental ❑ Quiet Title ❑ Other: •Legal ❑ Other: --- ❑ Medical ❑ Other professional: Updated 01/0112011 Pa.R.C.P. 205.5 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTI4 BELOW. THIS OFFICE CAN PROVIDE YOU WITI-I INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 311267 C") In _ rn x Tow a C M _ PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison.F. Wells, Esq., Id.No.3095.19 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 �V� j Plaintiff, NO.: VS. PETER S.EDWARDS 302 HOGESTOWN ROAD i MECHANICSBURG, PA 17050-3120 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants. CIVIL ACTION-- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARG ., _by its a orneys, F'heetan—Harlin , and files this Complaint in Mortgage Foreclosure as follows: K7thjn tr t)e m9 PWsc ndtu d1�Y cdAY Of the� 062-PA-V3 original f1JOd of rgco € 7.. PETER S. EDWARDS is record and real owner of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2012. 9. As of 12/10/2012, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $134,413.04 Interest $ 5,209.78 05/01/2012 through 12/10/2012 Late Charges $ 1.88.64 Property Inspections $ 15.00 Escrow Deficit $ 948.18 TOTAL $140,774.64 plus interest and all other additional.amounts authorized under the Mortgage and Pennsylvania Law, actually'and redsotiably incurred by-Plaintiff, including but not limited to, costs (including escl�o»aclvaitces) avid P1ai'nttf s attt rileys' fees and Oxpe7ises. Pl rntr fi:r se Yes the right to file a rnotin the al�c�vc capt�oatie .action to add. {utlTot teed under tlac 1vlo,it age and ylVai,i to lli:e:aboN,&.Rpibu t.dire and o urng whet incurred is 10. 1�lot6o o Intcnto:Gi to Foreclose as set ford} in Act 6 of 1974, Notice of 1laiaa.eowiier'`s L;a��c;gerlcy Mortgage gsstst:ancc PTogram pursuant to Act 91 of 1983, as amended by: the, "r nor licable, have l r � irl 2008; ana/o NAc-, as zcquircd been,sent.to the Daendiant(s) 062-PA-V3 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD,FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, PETER S. EDWA.RDS, is an individual whose last known address is 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. 3. The Defendant, THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA, has last known address of 228 WALNUT STREET, SUITE 220, PO BOX 11.754, HARRISBURG, PA 17108-1754. 4. 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. 5. On or about July 16, 2004, PETER S. EDWARDS made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION a Mortgage in the original principal amount of $151,200.00 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 1874, Page 109x. 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. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded August 9, 2012, the mortgage was assigned to WELLS FARGO BANK,NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 20122411.1. 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. 062-PA-V3 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). ' United States vs. PETER S. EDWARDS; CUMBERLAND Docket No. 2011-09287; Filed 12/16/2011; in the amount of$19,993.04 (B). United States vs. PETER S. EDWARDS; CUMBERLAND Docket No. 2011-09286; Filed 12/16/2011; in the amount of$9,787.04 12. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$140,774.64, 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: anon. Esq., Id. No.309519 :Attorney -aintiff 062-PA-V3 Exhibit "A" t` c NOTEE � July 16 2004 CUMBERLAND PENNSYLVANIA 302 HOGESTOWN ROAD MECHANICSBURG, PA 17069 NO [Property Addressl I. BORROWER'S PROMISE TO PAY Iu return fora loan that I have received, I promise to gay U.S. $ `i 51,200.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WACHOVIA MORTGAGE CORPORATION I will make all payments under this Note in the form of cash,check or money order. I utldermind that the Lender play transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. PAYMENTS (A)Tune and Place or Payments I will pay principal and interest by making a payment every month. - 1 will tuuake my mondily paymcnt on the 1st day of each tlnortth beginning on September 1 2004 I will flake these payments every month until I have paid all of the principal and interest and any outer charges descdbed below that I may owe under this Note. Each monthly payment will.be applied as of its scheduled due date and will be applied to interest before Principal. If, on August 1 20.34 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 1100 CORPORATE CENTER DRIVE RALEIGH,NC•27607.5066 or at a different place if required by the Note Holder. (B)Amount of Monthly payments My monthly payment will be in the amount of U.S. $ 943.29 4. BORROWER'S RIGHT TO PREPAY 11rtve.die right to tnakc payments of Principa[at any time before they are due. A payment of Principal only is known as a "Prepayutettt." When I make:a. Prepayment,.i will tel[ the Note Holder in writing that I am doing so. I may not designate a payruent as a Prepayment if I have not made all the monthly payments due under the Note. .1,Tnay make a.full�Prepayment or partial Prepay.mews without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my, Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, 'there will be no changes in the due dame or in the amount of my monthly payment uniess-the Note Mulder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fwtnie MadFrsddie Mae UNIFORM INSTRUMENT Form nm i fo1 241430(25lpkg rev03)(01101)[143011 Page I of3 3GM S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges. is finally interpreted so that the interest or t other loan charges collected or to be collected in connection with this loan exceed the permitted limlts, then; (a)any such loan charge shall be reduced by the amour necessary to reduce the charge to the permitted limit; and(b) any sums already collectod from me which eicceeded penritted limits will be refunded to me. The Note Holder may choose to make this refund by reducing tite Principal':l owe under tills dote or by making a direct payment to me. If a refund.reduces Principal,the reduction will be treated as a partial Prepayment. G. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the data it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 Ifo of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written ndtice telling me that if I do not pay the overdue atnount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 34 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to tray immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required one to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expetzes include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if i am given a notice of that different address. S. 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 Note 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`Dote. The Note Holder may enforce its rights under this Note against each person individually or against all of us, together.Thismeans that tiny orte cf us may be required to pay all of the amounts owed under this Note. 9. WAIVERS i 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1101 241430(l leach rev03)(01101)1143021 Pap 2 of 3 JGM 10. UNIFORM SECURED NOTE This Note is a uniform instrument with lindted variations it}.Same jilliSdictioti8. lr _udtlition ttr:`tlte:pro{e�t @otis gi�+d t ttt this ! Note Holder under this Note, a Mortg2t$e, Deed of Trusk, or S'ecur'ity,Deed (the "Secttrity'.I�Sbument")i date the wie date his this Note, protects the Note Holder from possible Mosses which might result if I do snot;keep the prormses whiicti I make in tliis" Note. That Security Instrument describes how ana under what coridi ions 12rlky beYeWred.to'uAke ntttterliatepaymerit.ta.fir of all amounts I owe tinder this Note. Sotne of'those conditions aro described as follows: I f all ar ariy part tit the;Property pr any Iriteresk in the proorty rs:sold or trttn iferieid{or if Borrower is 40.1 na'tctral person.,ai2d beoefteial intexest inSorrower ;is sold ox `tr# feirdd) -without Lender's prior written conset t:, Leader !hgy require immediate payment in full of all sums secured by this Security lnstntriient Hoi+vdver, this'opcion s14414 riot be dxe tlse&by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this Caption,Ufiddt*hall give Borrower pokioe of.acceleta oit Tie swdce Shall pt°ov tie a period of not less than 30 day::irdm thc;date the4totice is given in accord"ce*ikli-Section 15. w-ithitt Which Borrower must pay all surns secured by Afis Security Insu ent.-if,Bo2°iowtr tads tti liay These sues prior ito the expiration of this period,I:endc:ffttyJhYdkc.any retnedies:pomitted t y.Oils :Security- xti ttrit:ment witltOW further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNEla (seal} (seal) #DETER S t5bWARDS -Harrower Botmwor {$e8l} (Seal) -Borrower _Borrower {Seal) _ -Borrower Borrower (Seat) (Seal) -Borrower -Borrower PAY To THE ORDER OF IS gn arzginal aidyt WITHOUT RECOURSE WACWN1A VORTGAGE CORPORAT04 Assistant Vice President JGM KAREN DAVIS kern 3200 1102 241430(1/each rev03)(01/0t)1143031 Page 3 of T �" , • . t i A J KLLrV6p3 As*& r+.. ' Mortgagor(s): PETER S I DWARDS I hereby certify that the above referenced nwrtgagor's property is located at the address indicated below and that the correct mailing address of the mortgagor is also indicated Wow. The Complete Property Street 302 HOGl STOWN ROAD Address is as follows: MEC A 1G B - {�itytStatal�ip) The Complete Wiling Altdress Of liifferen(,front above)is as follows: {- tsuteYLyp Mo=n,gor's Phone Nll"# r: Mail Address(Jr available), OCCUPANCY STATEMENT, This is to certify that I(mark applicable sentence): ( X) Domnoodwi8occupy or intend to occupy said property as my primary residence within Go days of loan closing { ) Purchased subject property for investment purposes or refinanced this invesmient property. ( ) Purchased subject property as a second home,and t will occupy said property for mare than 14 days per year. Failure to.comply with occupancy sbail constitute default under the term of the loan and in case of de- fault I must upon recall of the loan by the Lender immediately pay in full tits:balance of the lotin and`any other amount to which Lender is crttided upon dafaulr,Upon failure to occupy,1 sukratwledgtt than the itt- terest rate may be accelerated tb the non-ovm r occupitd s~atc in effect at the date of original application. { X) SALES CONTRACTt I hereby certify that all conditions including but not limited to irtspections,of the Contract/ONr to purchase signed and executed by me have been satisfactorily met. ( X) EMPLOYMENT CERTIFICATIONS: This is to certify that I ash currently working and income circumsmitces have not changed from that as shown on (he loan application.I have received no notice of layoff and do not have any knowledge of pending layoff.My outstanding obligations,assets and income are substantially the same as reported on the application. (X) TERMITE CERTIFICATION AND OTEIER PROPERTY INSPECnONS1 This is to advise that I have received a copy of any Termite Report/Soil Treatment Guaranty or other property Inspections and have read, understand,and accepted die same.The Lender does not warrant the contents or adequacy of any property)a• spectious nor does It warrant the qualifications of any company and/or person who performed the inspections. Borrowers should base acceptance of the condition of the property upon thorough investigation and profession- al advice they deem prudeut. (X) TRUE AND EXACT COPY CERTIFICATION:I hereby certify that any photocopied document(s)provided by me to rite Lender andlor interne(document($)provided by me to the Lender are true and exact copies of the original($). { X) NAME CERTIFICATIONS: With reference to the subject loan application the following names appearing inPt� �al)cyVARfis and the same person. P�awARDS (X) COMPLIANCE AGREEMENT: The undersigned borrower($)for and in consideration of the above rdfdrenc4d Lender this day funding t4c closing of this loan agrees,if requested by Lender or Closing Agent for Lender to itilly coopetrite and adjust fur clerical errors,any or all loan closing documentation If deemed necessary ok desirable W die trasambie discretion of Lender to enable Lender to sell,convey seek guaranty market said loan to any entity,including but not limited to an investor,Federal National Mortgage Association,Federal Home Loan Mortgage Cote- oration Department of Housing and Urban Development or the Veterans Administration. The undersigned borrower(s)do hereby so agree and covenant in order to assure that this loan documenta- tion executed this date will conform and be acceptable In the marketplace in the inMnoe of transfer sate or con- veyance by lender of its interest in and to said loan documentation. ( ) OTHER: { ) MANUFACTURED HOMES ONLY: f understand that it is atic intent of the Lender and my intent for the manufactured home to be part of the real property that secures the mortgage. Certify clan agreed to this 16th day of Ju7vr 20114 (SEAL)(Bomowai) E7Elt 5 EDWARDS (Bomawcr) (SEAL) (SEAL) (Borrower) ()Borrower) Swom to and subscribed befora me this 16th dry or July, 200 NO(ARIA,,SEAL � M My commission aKpires: NANCY 3 � amp HM WO,.01111111eltaAd County (Noway Public) 1 242836 revt4(o3/o3) 12044MM[SSW Expires 3anuary 5,.2(1(16 Exhibit "B" Ll'iVt'!L IJL`i17\,.1�11 11V1� - ' ALL THAT CERTAIN lot of ground with the improvemcnts thereon erected situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public road leading from Mechanicsburg to Hogestown and known as the Hogestown Road(Route No. 1.14), at corner of land now'or formerly of Weir and Helen Wert, said point of BEGINNING. BEING referenced as 120 feet.northwestwardly from the center line of public Township Road (T-586); thence along the line of said land now or late of Weir and Helen Wert, North 35 degrees East 307.50 feet to a point in the line of land now or late of Fern E. and Margaret T.Matthews; thence along said line of land now or late of Fern E. and Margaret T. Matthews,North 55 degrees West 100 feet to a point; thence along the line of other.land now or formerly of Fielding H. Belt and wife, of which this is a part, South 35 degrees West 307.50 feet to a point in the public road leading from Mechanicsburg to Hogestown, aforementioned;thence along said.Road, South 55 degrees East 100 feet to a point in said road, at corner of land now or late of Weir and Helen Wert, aforesaid, at the PLACE OF BEGINNING. BEING Lot No. 1 in the Subdivision Plan of Lots.of Fielding H. Belt,dated January 20, 1966, as prepared by William B. Whittock, Registered Professional Engineer. File##: 311267 HAVING thereon erected a wicic spot-ievei awelillig WIVWLI Ws "UU LAIAJLLIU L%� —i Road,Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Charles R. Ball, Executor of the Estate of Shirley Jane Ball, also known as Shirley J.Ball, deceased, by Deed bearing date the 26th day of March, 2001, and recorded on 27th day of March, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 241, Page 662, granted and conveyed unto Marilyn B. Garman., TAX MAP PARCEL# 38-21-0291-061 PROPERTY ADDRESS: 302 HOGESTOWN ROAD,MECHANICSBURG, PA 17054- 3124 PARCEL#38-21-0291-061 File#: 311267 VERIFICATION, Jasmin McLean, hereby states that he/es Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter,that he/ s 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 his �e 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'. s�atitI McLean Title: Vice President Loan Documentation Company: Wells Faxgo Bank,N.A. Date: 01/08/2013 086-PA-V2 File# 311267 WELLS FARGO BANK,N,A. OF CUMBERLAND COUNTY,PENNSYLVANIA PETER S,EDWARDS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICTOF PA Defendant(s) -Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not bavc-a lawyer,you must,take the following steps to be digiblefor n concilbition con forence. First,within twenty(20)days o-,fyopr r(ccipt orthis notice,you must,contact MidPenn Legal Services at(717)243-9400 6xiension'.25 10 or(06)8��.5288 extension 2510 andrequdst oppointirient.of a lega I representative at no charge to you, 01.ice you havebecn appointed a legal representative,you mu"4 promptly meet,with that legal representative within twenty�20)days of th6 Appointment date.During that niecting,you must provide tlie legral representative with all- requested financial inforinationso that a loan'resolution"proposal can be prepared on your behalf. If you and your legal representative complete afinancial workshcel in(lie formiWattaclied hereto,theIcgul representative will,prepre and a Request for Concili6tion Conforchce Wich the Court,,which.must lie.fildd with the Court within sixty(00)days 6,f the service upon you orthe torddiosure eomplaint., Ifyou do-so and a conciliation conference is scheduled,you will have an qpportunity to meet with arclifesentative of your lender in an attempt to work out reasonable arrangements with your lender before the modgage foreclosure suit proccods forward. If you-are'represented.,by a la-wyer,you and your lAwyer must take,the fbilowing stelis to be eligible for a coticiliation conference.If is not-necessary for you.to contact MidlIefln Legal Service-for the appointment of a legal representative. However,you must provide your lawyer widi all.requestedfinanciai infomation so that a loanxesolution proposal can be p�eparcd on your behalf. If you 6d your lawyer complete a rulancial worRsheet in the.foriiiat attached hereto,your law er will prepare and file a Reqyest fa;Conciliation Cohf�rcnce with.tbe Court,which must be filed *within sixty�60)days of the service,upon you of the foreclosuiv complaint.If youAo so and a conciliation,conference is scheduled,you will have an opportunity to meet with a representative if your lendcr in an attempt to work out 63�lsonable arguments w4h y.our.lender before the niortgage,foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE, THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE, 410 Attorney for Plaintiff Zvi Cumberland County Residential Mortgage Foreclosure Diversion Program a Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your tender must consider your circumstances to determine possible options while working witli your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY Borrower names): Property Address: City: State: Zip: Is,the property for sale? Yes[❑ No ❑ Listing date: Price: $ Realtor Narne: Realtor Phone: Borrower Occupied? Yes Fj No [] Mailing Address(if different);, City: State Zip: Phone Numbers: Home: Office: Cell: Other:. _ Email: #of people in household:. How long? , r - Mailing Address: City; State: Zip: Phone Numbers: Home:. Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION . First Mortgage Lender: Type of Loan: Loan Number: _ Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: _. Loan Number: Total Mortgage Payments Amount: $ included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: F # Assets Axriouit't,Cued:, Value: Home: $ $ ... Other•Real Estate: . $ $ Retirement Funds: $,�_ $^ - Investments: $ . $ Checking: $ $ Savings: $. $ Other: $ $ Automobile#1:Model:. Year: Amount owed: Value: Automobile 42: Model: Year: Amount owed Value Otl�cr krttn�d�ol '1l"{autonloUiies i)oats Model:. Year: _... Amount owed: _ Value Monthly Income Name of Employers: 1 . Monthly Gross_- Mi):trtli'ly Net_ 2.. Mooth y Gross Monthly Net 3, Meniih1y Gross Monthly Net-, _ Additional Income Description(norwages):: 1 __rtriai�ti.'ly amount:.... 2• monthly amount: Borrower Pay Days:_ Co-Borrower Pay.bays: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT More : :,e Food 2, 1VIo`rt a c Utilities Car Pa:"menu,s. Condo%Nei' .1t Fees Ivied. (pot,covered. Auto Insurance, _ Auto fuel/re :airs Other prop. payment Install: Loan Pa m r i Cable TV Cht1d-8b �citfil�illm. _ . y . Da-/Chi Care/Tait.' Other:.la clises _ _. Amouni iAv ila�le."b (Y1;t�Itttily.Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes,please provide the following information: Counselor: Counselinggeneyu. Phone(Office):. Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance.Program (HEMAP) ' assistance? Yes F-1 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 fallowing information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): -.Phone: Servicing Company (Name): Contact: Phone. .. AUTHORIZATION 1/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named_ Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's ` counsel: 1. Proof of income 2. Past 2 bank'statemerits 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation(hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF'S RETURN - REGULAR CASE NO: 2013-00245 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SOMERSET WELLS FARAGO BANK NA VS PETER EDWARDS ROBERT BECKNER ,Deputy Sheriff of Somerset County , Pennsylvania, who being duly sworn according to law, says the within COMPLAINT-MTG FORECLOS was served upon EDWARDS PETER the DEFENDANT at 0010 :30 Hour, on the 28th day of January , 2013 at SCI SOMERSET 1590 WALTERS MILL ROAD SOMERSET, PA 15510 by handing to PETER EDWARDS a true and attested copy of COMPLAINT-MTG FORECLOS Somerset County Sheriff Costs . . . . 34 .50 So Answers: John A. Mankey, Sheriff By: 0, Deputy Sheriff Attorney: PHELAN HALLINAN & SCHMIEG Who hereby verifies that the facts set forth above are true and correct, and who acknowledges that this verification is subject to the Pennsylvania Crimes Code relating to unsworn falsification. ATTEMPTS: r PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Term V• No.2013-245-CIVIL PETER S. EDWARDS Cumberland County 302 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3120 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: PETER S. EDWARDS C/O SCI SOMERSET, INMATE#KQ6655 1590 WALTERS MILL RD SOMERSET,PA 15510 Date: 6 By: P A�e J eph P. hall , Esquire torn y for Plaintiff 311267 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 Tenn V. No. 2013-245-CIVIL PETER S. EDWARDS 302 HOGESTOWN ROAD Cumberland County MECHANICSBURG, PA 17050-3120 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants ORDER AND NOW,this �Z'v day of 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: tc$ mat �.J •��.�d� i w --t ` rn co J.c --- �r�- � Zs c) i - -7; 311267 CC : Peter S. Edwards 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 PETER S. EDWARDS C/O SCI SOMERSET, INMATE#KQ6655 1590 WALTERS MILL RD SOMERSET,PA 15510 311267 PHELAN HALLINAN, LLPttoriiey for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 11 U _9 _ � + 4 7 1617 JFK Boulevard, Suite 140 One Penn Center Plaza 0 ERU"i QED COUNTY Philadelphia,PA 19103 1ENNS YLVANIA allison.zuckerman @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION PETER S. EDWARDS THE UNITED STATES OF AMERICA No. 13-245-CIVIL C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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 PETER S. EDWARDS is over 18 years of age and has last known addresses at C/O FCI SOMERSET, INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET, PA 15510 and 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date g ZZIan nan,LLP i son F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 805029 Department of Defense Manpower Data Center Results as of:Aug-08-201305:47:41 SCRA 3.0 status Report ,f Pursuant to Servicemembers Civil Relief Act Last Name: EDWARDS First Name: PETER Middle Name: S Active Duty Status As Of: Aug-08-2013 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 re0ecls1he individuals'active'duty Matus based on ihe:Active'DutyStatus Dale Left Active Duty Within 367 Days of Active Duty.Status Date Active Duty Start Date Active Duty End Date Status Service Component NA rtj tNA _ - - �.,No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date l 4 The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA.:: ` 'No NA i This response reflects whether the individual or his/her unit has received`ea ly.notificatidn-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. Ohl A 4ai_4��_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 FIL"D-OFFICE €!f` TIE P R 0 T H 0,14 0 TA RY PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 21613 AUG 13 AMI 10: 27 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS PETER S.EDWARDS CIVIL DIVISION THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY No. 13-245-CIVIL FOR THE MIDDLE DISTRICT OF PA 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 PETER S. EDWARDS 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 $140,774.64 TOTAL $140,774.64 I hereby certify that(1)the Defendant's last known addresses are C/O FC1 SOMERSET, INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET, PA 15510 and 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120, and (2)that notice has been given in accordance with Rule PaR.C.P 237.1. &-ZZZ.,? Al-Ate`—C IF A�- (01,44 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: qc� PH#805029 PROTHONOTARY Gc,A 133(1 514 805029 ID W IL NA' Lilt PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. . CIVIL DIVISION PETER S. EDWARDS THE UNITED STATES OF AMERICA : No. 13-245-CIVIL C/O THE UNITED STATES ATTORNEY : FOR THE MIDDLE DISTRICT OF PA 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 PETER S. EDWARDS is over 18 years of age and has last known addresses-at C/O FCI SOMERSET, INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 and 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. �j Date V dr� 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 1.91.03 21.5-563-7000 805029 Department of Defense Manpower Data Center Results as of:Avg-12-2013 01:17.,36 SCRA 3.0 Status Report Pursuant to Sorvilcomembors,Civil Relief Ad Last Name: EDWARDS First Name: PETER Middle Name: S. Active Duty Status As Of: Aug-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No - I NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA I No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duly Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty an Active Duty Status Date Order Notification Start Dote �O-er 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. fit 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. PETER S.EDWARDS NO. 13-245-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE CUMBERLAND COUNTY DISTRICT OF PA Defendant(s) TO: PETER S.EDWARDS C/O FCI SOMERSET,INMATE#KQ6655, 1600 WALTERS MILL ROAD SOMERSET,PA 1551.0?_C� j DATE OF NOTICE: -7- L0 t ~(� THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 Vv/ 17)249-3166 Z ary. es,F'q.,Id.No.310721 tome, for Pttt ;ff itch ;[]all`i<<�t,LLP 1611 J1 , oulevard,Suite 1400 On in Center Plaza Philadelphia,PA 19103 PH#805029 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. PETER S.EDWARDS NO. 13-245-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE CUMBERLAND COUNTY DISTRICT OF PA Defendant(s) TO: PETER S.EDWARDS 302 HOGESTOWN ROAD MECHANICSBJItPA 17050-312Q � If., DATE OF NOTICE: 2, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT.TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (7' 7)249-3166 By: Oj--Jx� Zn Joi c.. 1.,Id.No.310721 t rney f l miff 1claill-I lit bn.LLP 161731 oulevard,Suite 1400 One P n Center Plaza Philadelphia,PA 19103 PH#805029 9 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PETER S.EDWARDS NO. 13-245-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE CUMBERLAND COUNTY DISTRICT OF PA Defendant(s) TO: PETER S.EDWARDS C/O SCI SOMERSET,INMATE#KQ6655, 1590 WALTERS MILL RD SOMERSET,PA 15510 DATE OF NOTICE: ____ ✓ ��- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR-THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE,OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 249-3166 By: 7�. iary)'(i s. sq.,Id.No.310721 ttorlic or laintiff Phelan 3, wall,LLP 1617 Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#805029 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS PETER S. EDWARDS THE UNITED STATES OF AMERICA CIVIL DIVISION C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA No. 13-245-CIVIL Notice is g'vven that a Judgment in the above captioned matter has been entered against you on c> r By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.** 805029 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 . WELLS FARGO BANK,N.A. Plaintiff M COURT OF COMMON PLEAS V. CIVIL DIVISION PETER S.EDWARDS NO.: 13-245-CIVIL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above mat(er: Amount Due 140 774.64 Interest from 08/11/2013 to Date of Sale 11684.24 ($23.14 per diem) MM r�s rn C= -ern -<> c TOTAL $143,458.88 r -n CD tV r Phelan Hallinan,LLP -s ' Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#805029 O Q � gag 5 /a a .00 11�- sv �a �� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff V. ` PETER S.EDWARDS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: y r Address where papers may be served: PETER S.EDWARDS Phelan Hallinan,LLP C/O SCI SOMERSET,INMATE#KQ6655, Adam H.Davis,Esq.,Id.No.203034 1600 WALTERS MILL RD Attorney for Plaintiff SOMERSET,PA 15510 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Township of Silver Spring,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the public road leading from Mechanicsburg to Hogestown and known as the Hogestown Road(Route No. 114),at corner of land now or formerly of Weir and Helen Wert,said point of BEGINNING.BEING referenced.as 120 feet northwestwardly'from the center line of public Township Road (T-586);thence along the line of said land now or late of Weir and Helen Wert,North 35 degrees East 307.50 feet to a point in the line of land now or late of Fern E.and Margaret T.Matthews;thence along said line of land now or late of Fern E.and Margaret T.Matthews,North 55 degrees West 100 feet to a point;thence along the line of other land now or formerly of Fielding H. Belt and wife,of which this is a part,South 35 degrees West 307.50 feet-to a point in the public road leading from Mechanicsburg to Hogestown, aforementioned;thence along said Road,South 55 degrees East 100 feet to a point in said road,at corner of land now or late of Weir and Helen Wert,aforesaid,at the PLACE OF BEGINNING. BEING Lot No. 1 in the Subdivision Plan of Lots of Fielding H.Belt,dated January 20, 1966,as prepared by William B.Whittock,Registered Professional Engineer. HAVING thereon erected a brick split-level dwelling. TITLE TO SAID PREMISES IS VESTED IN Peter S. Edwards, a married man, by Deed from Marilyn B. Garman, a single woman, dated 07/16/2004, recorded 07/20/2004 in Book 264,Page 1235. PREMISES BEING:302 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3120 PARCEL NO.38-21-0291-061 . PHELAN HALLINAN, LLP ;'r ` `OFF1�� Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 P-1� d Nfl��Q��f�, 1617 JFK Boulevard, Suite 1400 p13 A11G �3 One Penn Center Plaza All 1G: 28 Philadelphia, PA 19103 CU"'ER j Adam.Davis @PhelanHallinan.com PENNSYLVANIA Ty 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-245-CIVIL PETER S. EDWARDS Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the'attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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: �Kt Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff ILED-OFFICE' WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff F THE PROTPWNoTfki� 20 13 AUG 13 All 1Q- 2 8 CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 13-245-CIVIL PETER S.EDWARDS PENNSYLVANIA 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 302 HOGESTOWN ROAD, MECHANICSBURG,PA 17050-3120. 1 Name and,address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) PETER S.EDWARDS C/O FCI SOMERSET,INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 2. Name and address of Defendant(s)in the judgment: Narne Address(if address cannot be reasonably ascertained,please so indicate) PETER S.EDWARDS C/O FCI SOMERSET,INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) US TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVENUE PITTSBURGH,PA 15222-9974 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 PH# 805029 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) oy 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 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3120 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 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. § 49,04 relating to unsworn falsification to authorities. r„ Date: [/ J By: L% D''�rt?�t Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff P14ELAN HALLINAN,LLP 1.617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 21.5-563-7000 PH# 805029 F iLrE01-0 F ICE WELLS FARGO BANK, N. r ` PROT HONOTt`1R :" COURT OF COMMON PLEAS 2013 AUG 13 Ati 10: 28 . Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs.P E.N N S Y LVA141 A NO.: 13-245-CIVIL PETER S. EDWARDS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETER S. EDWARDS PETER S.EDWARDS C/O FCI SOMERSET, INMATE#KQ6655, 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 "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 302 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3120 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$140,774.64 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ` 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-245-CIVIL WELLS FARGO BANK,N.A. V. PETER S. EDWARDS owner(s) of property situate in SILVER SPRING TOWNSHIP, CUMBERLAND County, Pennsylvania, being 302 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3120 Parcel No. 38-21-0291-061 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,774.64 Attorneys for Plaintiff Phelan Hallinan, LLP r� LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Township of Silver Spring,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the public road leading from Mechanicsburg to Hogestown and known as the Hogestown Road(Route No. 114),at corner of land now or formerly of Weir and Helen Wert,said point of BEGINNING.BEING referenced as 120 feet northwestwardly from the center line of public Township Road (T-586);thence along the line of said land now or late of Weir and Helen Wert,North 35 degrees East 307.50 feet to a point in the line of land now or late of Fern E.and Margaret T.Matthews;thence along said line of land now or late of Fern E. and Margaret T.Matthews,North 55 degrees West 100 feet to a point;thence along the line of other land now or formerly of Fielding H. Belt and wife,of which this is a part,South 35 degrees West 307.50 feet to a point in the public road leading from Mechanicsburg to Hogestown, aforementioned;thence along said Road,South 55 degrees East 100 feet to a point in said road,at corner of land now or late of Weir and Helen Wert,aforesaid,at the PLACE OF BEGINNING. BEING Lot No. 1 in the Subdivision Plan of Lots of Fielding H.Belt,dated January 20, 1966,as prepared by William B.Whittock,Registered Professional Engineer. HAVING thereon erected a brick split-level dwelling. TITLE TO SAID PREMISES IS VESTED IN Peter S. Edwards, a married man, by Deed from Marilyn B. Garman, a single woman, dated 07/1.6/2004, recorded 07/20/2004 in Book 264,.Page 1.235. PREMISES BEING: 302 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3120 PARCEL NO.38-21-0291-061 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-245 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 PETER S.EDWARDS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $140,774.64 L.L.: $.50 Interest FROM 8/11/2013 TO DATE OF SALE($23.14 PER DIEM)-$2,684.24 Atty's Comm: Due Prothy: $2.25 Atty Paid: $185.75 Other Costs: Plaintiff Paid: Date: August 13,2013 David D.Buell,Prothonotary (Seal) Y Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 HK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#805029 DEFENDANT SERVICE TEAM/lxh ,-) r' PETER S.EDWARDS COURT NO.: 13-245-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES -p ATTORNEY FOR THE MIDDLE DISTRICT OF PA n _7 SERVE PETER S.EDWARDS AT: TYPE OF ACTION (1)r l '.. 1600 WALTERS MILL ROAD XX Notice of Sheriff's Sale CO --t C—' SOMERSET,PA 15510 SALE DATE: December 4,2013 1-233 A mil-, Z CD SERVED G? ' Served and made known to PETF,R S.EDWARDS,Defendant on the //1 day of sEO% ,20 /3,at --i - 0510 ,o'clock_PM.,at /(QUO Wafers Ai///id, 5acnrrse/ ,in the manner described below: - X Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: 7 ,,y/ Description: Age !//p O Height .J.8 Weight /80 Race c�7 Sex fit t Other I,Deloocull►'fl. 'l I;s , 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. e DATE: C-17-13 NAME: 02.-/-d-ta../ lr 6�..a - PRINTED NAME: )r&/ (V7. S TITLE: PoeOn°SS02 NOT SERVED On the day of 20 ,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because : _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#805029 DEFENDANT SERVICE TEAM/lxh PETER S.EDWARDS COURT NO.:13-245-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES t =j�..- ATTORNEY FOR THE MIDDLE DISTRICT OF PA ..I - Wit:+ SERVE PETERS.EDWARDS AT: TYPE OF ACTION Y C/O SCI SOMERSET,INMATE#KQ6655 XX Notice of Sheriff's Sale r—x y ', 1590 WALTERS MILL RD SALE DATE: December 4,2013 CC SOMERSET,PA 15510 =C) - C D c; SERVED Served and made known to PETER S.EDWARDS,Defendant on the /7 day of St Pr ,20 i3,at %e&,o'clock M.,at /WO ifaf hers,'l.il 2c1, Sorter tf,pd in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age �p 0 He .5 Wei ight Weight /80 _Race ue Sex ill Other I, aUUraH /i s ,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: l-i713 PRINTED NAME:A be czt. I'YJ Ef l S TITLE: D C.Y SS J0217C2 NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • LIFFIC HE CRO 1 iiO BU!1 l r A;. .,+ Phelan Hallinan, LLP ?tn 3 OCT 16 MI 10: G 9 Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff Civil Division v. • CUMBERLAND County • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 15, 2013. 2. Judgment was entered on August 13, 2013 in the amount of$140,774.64. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 805029 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $134,413.04 Interest Through October 18, 2013 $12,538.29 Late Charges $188.64 Legal fees $1,900.00 Cost of Suit and Title $877.47 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $638.82 Mortgage Insurance Premium to be paid $147.42 Escrow Deficit $4,390.74 TOTAL $155,184.42 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . 805029 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallin. LLP DATE: Co!(5..13 By:Y Za•q /r es, Esquire • TO�4 Y FOR PLAINTIFF 805029 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE PETER S. EDWARDS 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 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 805029 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 805029 Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 805029 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 805029 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. 805029 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 Sheriffs 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. 805029 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. 805029 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan L' DATE: to 4, lc-13 By: Zac J•'e: squire AP % ey fo ' aintiff 805029 Exhibit "A" 805029 PHELAN HALLINAN,LLP Attorney for PlaintE a Adam H.Davis,Esq.,Id.No.203034 .'3 ' 1617 JFK Boulevard, Suite 1400 rnCWO c r", One Penn Center Plaza Nr Philadelphia,PA 19103 ..�> w ° '. Adam.Davis @PhelanHallinan.cora .c a 215-563-7000 z_o o c o WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY v vs. : COURT OF COMMON PLEAS PETER S.EDWARDS : CIVIL DIVISION RN NW THE UNITED STATES OF AMERICA 1� C/O THE UNITED STATES ATTORNEY : No.13-245-CIVIL R FOR THE MIDDLE DISTRICT OF PA 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 PE It.„10 Defendant(s)for failure to file an Answer to Plaintiff's Complaint within f► a ys from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $140,774.64 TOTAL 146004 I hereby certify that(1)the Defendant's last known addresses are C/O FCI SOMERSET, INMATE#KQ6655, 1600 WALTERS MILL ROAD,SOMERSET,PA 15510 and 302 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3120,and(2)that notice has been _ _ given in accordance with Rule Pa.R.C.P_237.1. - �z//,? Date Adam H.Davis, sq.,Id.No.203034 Attorney for 'ntiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: jeLt? 3 3./641, PH#805029 PROTHONOTARY 805029 Exhibit "B" 805029 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 3rd,2013 PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O C/O FCI SOMERSET, INMATE#KQ6655 THE UNITED STATES ATTORNEY FOR 1600 WALTERS MILL ROAD THE MIDDLE DISTRICT OF PA SOMERSET, PA 15510 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 RE: WELLS FARGO BANK,N.A. v. PETER S.EDWARDS and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-245-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days, by 10/9/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very trial!yo ach to s, `sq., Id. No.310721 Att ,y ' r aintiff .nclo 805029 Nemc and Phelan Hall nan LLP Ili N Address y 1617 JFK Boulevard Suitc 1400 M o Of Sender One Penn Center Plaza p Philadelphia,PA 19103 KVM '�7 Line Article Number Name of Addressee,Street,sad Post Office Address Postage I a*'• PETER S.EDWARDS. Stl.45 4 t l ° m CIO PCI SOMERSET,INMATE#KQ6655 �tM 1640 WALTERS MI,L.ROAD i, a SOMERSET,PA 15510 o �*�' ^104 S. 2 """• PETER S.EDWARDS $0.45 s .302 HOCESTOWN RD MECHANICSBURG,NA 17050 ' r- 3 **** PETER S.EDWARDS I 50.4$ x' 41`r. 1600 WALTERS MILL ROAD , '2,..;. ...2.,/ .SOMERSET,PA 15511) 4 a'"" PETERS.EDWARDS 50.45 'C/O SCI SOMERSET,INMATE#JKQ6653 14590 WALTERS MILL RD r r.• ''` SOMERSET,PA ISS10: _RE:PETER S.EDWARDS(CUMBERLAND) PH 4E05029/1200 Page I of I 51.80__ Total Number of Toed timber of Pieces Pte.Per(Name L✓ The Nil declarn,oa of wlro d«41+Qe4 on 414pmwfrc oat i torimeasN rcipitxdi 103611 The mucaum me..ay pey,bic Piss Listed by Seeder .ReoRMA re Pit Office Refaiitts EAsOnyeel fa the roconwva,ao or wane totiibin doeamaots oderExyaas Mad Oconee;mann/m:+no insurance Es S517 oa as pest witgea to a hail of S500e00 per prniiPience.-The amen=Iodcrmllty payable on Fiprcu Mnl matf.r u 5600 The enzuemn iudrmnib payable u 525.000 for iorinvod mul,a:W.ith Viotti Insurance Sot Carocfic M,4 M+nu.l P.M 5915 and 5921 fa Irmnakm of ca Varye. Form 38'77 Facsimile .9 I • 805029 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE : No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS PETER S. EDWARDS 1600 WALTERS MILL ROAD C/O SCI SOMERSET, INMATE#KQ6655 SOMERSET, PA 15510 1590 WALTERS MILL RD SOMERSET, PA 15510 Phelan Halli an, LL' DATE: '(s'13 By: / Zac r,AJ. - , Esquire AT O ti / FOR PLAINTIFF 805029 L.Ur� 'i ' . ZIii i`ROLE H LN0t,L't . 313 OCT 22 AN 10* 1 { BERLAI`1 ppiNSYLVAINIA 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 PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW, this z-Z", day of Oc, ztwar 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURTT J. 805029 achary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 TER S. EDWARDS TER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 ,, ' TER S. EDWARDS ETER S. EDWARDS 1600 WALTERS MILL ROAD C/O SCI SOMERSET, INMATE#KQ6655 SOMERSET, PA 15510 1590 WALTERS MILL RD SOMERSET, PA 15510 0:6I 1-3 6£SS 805029 !a/a z�i3 805029 r, . PR01H'UM • n 3 OCT 31 fii1 10: r 1 ,UMBCEtR` LA14 )/pI.. U Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff • vs. • Civil Division PETER S. EDWARDS • CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE : UNITED STATES ATTORNEY FOR THE : No.: 13-245-CIVIL MIDDLE DISTRICT OF PA • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 22, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS PETER S. EDWARDS 1600 WALTERS MILL ROAD C/O SCI SOMERSET, INMATE#KQ6655 SOMERSET, PA 15510 1590 WALTERS MILL RD 805029 SOMERSET, PA 15510 Phelan . .11inan, LLP DATE: i 0 B y: I/ /1 3 J•' Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 805029 • ;:;313 NOV 19 1'1111. 1 ', ri:It l3ERLAND COOr,T'j Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE : No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 3, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 805029 • Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 22, 2013 directing the Defendants to show cause by November 11, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 30, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 11, 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: 11114 By: d I J.• than Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 805029 • • Exhibit "A" 805029 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 3`d,2013 PETER S.EDWARDS THE UNITED STATES OF AMERICA C/O C/O FCI SOMERSET, INMATE#KQ6655 THE UNITED STATES ATTORNEY FOR 1600 WALTERS MILL ROAD THE MIDDLE DISTRICT OF PA SOMERSET,PA 15510 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 RE: WELLS FARGO BANK,N.A. v. PETER S.EDWARDS and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-245-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 10/9/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very tul_ ye Zach, o s, `sq., Id.No.310721 .tt ,, .y aintiff 805029 ..�,„„.�,.,..... . . . ..... ._ .a Name and Phe]an Hallinan,LLP ':' Address 16f?IP1C Boulevard Suite 1990 ty 11 Of Sender One Prom Center Plaza Philadelphia,PA 19103 KW ,Ill 8 Line Atticic Number Name of AddKrsee;Strcet,and Post Office Addres Postage w to z- I ••"• PETERS,I& WAR S $0.45 o GO PCI SOMERSET,INMATE#KQ6655 1' s 1600 WALTERS MILL ROAD 1• SOMERSET„PA 15510 _, ti 0 0 z PETER SEDWARDS $0.45 30211OGES1OWN RD M ECIIANICSBURG,PA 17050 '...71P-X-4.0 ' 3 •a•• PETER S.EDWARDS 50.45 - „ ...)-(3 , 1600 WALTERS M1[.1..ROAD , ,i ' '>i SO —MO. PA 15510 l 4 ••.. PEA S.EDWARDS 1 50.45 "' CJO SCI SOMERSET,INMATE#KQ665$ 1590 WALTERS MILL RD 1'' SOMERSET,PA 15510 _RE:PETER S EDWARDS(CUMBERLAND) PE#805029/1200. Page 1 of 1 $1.80 , L Total*tabs,or Top!N-uraba of Novak Poedmlaa,Per(Nose The MMotimii.4 of vs.*is eegakeda an di e.4rt letm'nmdaut registered ma The moo[mam oxkloattj't`.Y.blc F' Nag WW1 by Seuht Raged at Pao Oftiro RlfOtiailit EMS:) ibt 60 hail MYdib4 Of tionelorable doC000M6 soder Mesta Mail.(I mo*toxviwnrfioa nu.s.ce u 15U00 P,.., Piero sob*tostrait of$300,004.4..ewn.nc.The madam nidemoit9 PrYr a PYVCo Mrs1 anduodita u SSW. The ctio4an lam*pry∎bioaSts.0aodnrrgd trta ental,xOvollI,vuonal osoo o.o Soo f3«ncn,cr.1,dr,+.w.1 r R O O 3913..d a92I fy l i m n a l o a e ulm . Form 3877 Facsimile 0 11 i n 4 .d 1 3 .a 805029 Exhibit "B" 805029 ET 2 AM ;O PENN3 LVA : 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 PETER S. EDWARDS • THE UNITED STATES OF AMERICA C/O THE No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW,this e2 day of -jd c 2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 805029 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET,INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG,PA 17050-3120 SOMERSET,PA 15510 PETER S. EDWARDS PETER S.EDWARDS 1600 WALTERS MILL ROAD C/O SCI SOMERSET,INMATE#KQ6655 SOMERSET,PA 15510 1590 WALTERS MILL RD SOMERSET,PA 15510 805029 805029 . • Exhibit "C" • o ;"i 31 Mr). f Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id.No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com li °'`" 215-563-7000 `. WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff vs. Civil Division PETER S. EDWARDS CUMBERLAND pcy THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE No.: 13-245-CIVIL MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 22,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG,PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS PETER S. EDWARDS 1600 WALTERS MILL ROAD C/O SCI SOMERSET,INMATE#KQ6655 SOMERSET,PA 15510 1590 WALTERS MILL RD 805029 SOMERSET,PA 15510 Phelan • ;Ilium, LLP DATE: /OA 0,1 By: �. ,.... `' E x.3038;77 Attorney for Plaintiff 805029 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff . • Civil Division vs. . •: CUMBERLAND County PETER S. EDWARDS . THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE . MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG,PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS PETER S. EDWARDS 1600 WALTERS MILL ROAD 302 HOGESTOWN RD SOMERSET, PA 15510 MECHANICSBURG, PA 17050 805029 PETER S. EDWARDS C/O SCI SOMERSET, INMATE#KQ6655 1590 WALTERS MILL RD SOMERSET, PA 15510 Phelan Hallina LLP DATE: 11/(3/13 By: Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 805029 4 , • d :hE PRQTHO O7A1i 2013 NOV 20 41110: 42 PHELAN HALLINAN,LLP Attorney for Plaintiff • Meredith Wooters,Esq.,Id.No.307207 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza • Philadelphia,PA 19103 Meredith.Wooters @ 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 PETER S.EDWARDS No.: 13-245-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Meredith Wooters,Esq.,Id.No.307207 I, I . /3 Attorney for Plaintiff Date: 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#805029 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff .• • CIVIL DIVISION v. • • . NO.: 13-245-CIVIL PETER S.EDWARDS . 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 filed,the following information concerning the real property located at 302 HOGESTOWN ROAD, • MECHANICSBURG,PA 17050-3120. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) PETER S.EDWARDS CIO FCI SOMERSET,INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) PETER S.EDWARDS CIO FCI SOMERSET,INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) US Treasury Department Pittsburgh Office Room 808 1000 Liberty Avenue Pittsburgh,PA 15222-9974 US TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVENUE PITTSBURGH,PA 15222-9974 PH#805029 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 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3120 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 Susan L.Edwards 44 WINTER LN ENOLA,PA 17025 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: Vt J By: t4.L _LA) I1/ �I Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#805029 • £•pZ SO AONI•Bt68£t000 . y: 099100 $ £atMdZ ' : ,CJ" r{ f R}'1 '. R« ..�'` , Eckw ' ° eel� N4 6l moo . 1• g2 1.g . ,fir. sip i F w3 -0.07,A.,,2- s.i ! a co It=lg el HIb H • O / 1 00 ' u vo s to M b .' tg Ei cW a°a� ,Q a ag 0. w lir « 'c zi` e x w r- N 0 �j; M 0. si• O C. Name end Phelan Hallman LLP Pol r. Ir. Address 1611 JFK Boulevard,Suite 1400 i O n t Of Sender One Penn Center Plaza r Philede:phia.PA19103 . AZK/CET-12/04?2013SALE = ^ 8 . Line 'Article Number _Name of Addressee,Street,and Post Of ire Address - Postage a j`` .Fa.. T IANTIOCCUPANl - $045 302 HOGESIOWN ROAM a 7 CIIANICSSURG.PA 370343/20 '� (,:ii -- AE ._2 •'•• Ctunmonwealth of Pennsylvania v Moreau of individual Taxes 1nherimntt'Pas Division $0.45 J N Ove g Atli Floor,Stretch err Sri. Dept 280501 $j`1t 4 a • C.Pmbe ttrg,PA 17178 fa, -ilea...3 •'^ Crmhrlaad CauM Adult Probation 50.45 1 Courthouse Square • :__",.A' ,Jy C.p.Je,PA]74133237 +' • 4 ••"• Department or Perak Welfare.7Pl.Casualty Unit,Esta to Recovery Prowl+m $0.4. P.O.Box S4S6 . Willow Oak Building a lierrhburo,PA 17105 5 •"• US Treasury Department 5045 Pittsburgh Otnte Roan 848 s 1000 Liberty Meese • . . . - Pitic4¢rth,PA 157224974 . 6 •••• Don estk RdatIonsct .- SOAS Ctunbel hied County. • • ' 13Ntrth Hanover Sitter • I .• Cartrir,PA 17413 - l .r^r.... 7 •••• Commoowc it1.orPew.ayf Ymla SOAS Orrootmrnt of Welfare - P.O.Rax2I575 I id..t Z I Harrtsbaeg,PA 11105 R "'•• Internal RtrmoeSerrlee Adrliory 30.15 a. ..f 1000 Liberty Asrndt Nodm 794 lltt•f.xin,PA SS222 e r 9 •••• U.S.PPpaetnxnt otJostler - OAS US.Attmnry for the MIMtr Mirka nt PA - Federal Buildlgq 228 Walnut Street,Sotto 120 , PO Bar 11754 i llarn4sborg,PA 17108,1754 --.- . REP B.KeED' lrSt STC V EERr AND) PH#805029/1021 Page 1 of 1 r"4VritTearr- • _ Total Nonbaof Taus mono/of Poem Putnam,Per 0Nstne of Ti.fun declaration of value la tegaind on an done:ac aid Ntetsatlon.l tegatorad aril.71*msalmom tenetm ity amble Pie.lirxd by Sender Received a Pon Ofr Pose:.kg Cnpl o.2 fir the.aw..w*.orn.nne5trd.bkthe.nrnu uslea E.ptsoMal n. n.eontti sate lm.ntncx is M OM po piece ittkirxt m i limit ofe9M,dfn p...m... /hr...turn i.dr..edty p.y.1,4 on p.;rru MO r,e..l..o1ise k?51x1 Tlx.nximer indxmaity payable isS25.000 for naine,.d null.sent wed optional Iratuance_Ste OxsotteMil Manual -R900 5917 ea)S9l I for lhritati se of eocorsfle. Form 3877 Facsimile ■ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff VS. Civil Division PETER S. EDWARDS CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE C`' "� r c t: UNITED STATES ATTORNEY FOR THE : No.: 13-245-CIVIL '0-= • ? to h U ;I ,'M 2014 jA. CUB;- 3 Ply ,: 14 PEE,'NS}.L A AUNTY 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 • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 15, 2013. 2. Judgment was entered on August 13, 2013 in the amount of$140,774.64. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 805029 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated November 21, 2013, amending the judgment amount to $155,184.42. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on January 8, 2014. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $134,413.04 Interest Through January 3, 2014 $14,328.35 Late Charges $188.64 Legal fees $2,050.00 Cost of Suit and Title $887.51 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $147.42 Escrow Deficit $5,176.98 TOTAL $157,281.94 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 805029 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 January 2, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: //Z/74 Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 805029 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 • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE PETER S. EDWARDS 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 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. 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. 805029 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 805029 its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 805029 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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 805029 • outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 805029 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE 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 Sheriffs 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. 805029 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 805029 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. 805029 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: `/Z p By: 4,11, 1W + Adam H. Davis, Esquire Attorney for Plaintiff 805029 . . Exhibit "A" 805029 I- r ILLO-OFFICE CF. THE PROTHONOTARY PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 2013 AUG 13 AM 10: 27 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PETER S.EDWARDS • CIVIL DIVISION THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY : No. 13-245-CIVIL FOR THE MIDDLE DISTRICT OF PA 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 PETER S.EDWARDS, 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 $140,774.64 TOTAL $140,774.64 I hereby certify that(1)the Defendant's last known addresses are C/O FCI SOMERSET, INMATE#KQ6655, 1600 WALTERS MILL ROAD, SOMERSET,PA 15510 and 302 HOGESTOWN ROAD, MECHANICSBURG,PA 17050-3120,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date U/(Z/A? _— /�____ 2d.geku Adam H. Davis, Esq., Id. No.203034 .;. -•.- Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. g �/ 3 1 i9/ DATE: /`3 PH 8 805029 PROTHONOTARY auk c--kk 12?"1 ai l 805029 • *agY3LIL • )4acle4 vim . • Exhibit "B" 805029 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. Civil Division PETER S. EDWARDS • CUMBERLAND-6.–tit t; THE UNITED STATES OF AMERICA C/O THE mg.; UNITED STATES ATTORNEY FOR THE Nr.: 13-245-CIVIr7'-- MIDDLE DISTRICT OF PA • Fy„ v c, Defendants ?� (.a) ORDER AND NOW,this c:2 g-f—day of Aaba , 013,upon consideration of Plaintiff's Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $134,413.04 Interest Through October 18,2013 $12,538.29 Late Charges $188.64 Legal fees $1,900.00 Cost of Suit and Title $877.47 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $638.82 Mortgage Insurance Premium to be paid prior to December $147.42 4,2013 Escrow Deficit $4,390.74 TOTAL $155,184.42 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`I`H COURT: is/ 805029 . • Exhibit "C" 805029 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 PETER S. EDWARDS THE UNITED STATES OF AMERICA CIO C/O FCI SOMERSET,INMATE#KQ6655 THE UNITED STATES ATTORNEY FOR 1600 WALTERS MILL ROAD THE MIDDLE DISTRICT OF PA SOMERSET,PA 15510 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG,PA 17108-1754 RE: WELLS FARGO BANK,N.A. v. PETER S. EDWARDS and THE UNITED STATES OF AMERICA C/0 THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-245-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days, by 12/24/2013. 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 805029 '...µ...y,.n v-n ...... .. .._..,.. .. .....�.lw'w+r�-..s��....+;w.we�L5Aa�- ..._. _. .w.ay.s.-..�..._.... r....-:. .......r... _ _ et oz ry^ �ry Q Ayya. {��y0 ti �• 0 et oz 411. J�1d 661."et tSi1ln a.. �.C. d p co /}�_I(/}ifs, ['{� Pr ,,[Al ?6,,,,..,,'._-t,:'77;• ',. IO • • 009. RY!€ $ `�O. d�7 v ,Q¢}{ ,- „ p � ,ci E d3Mo$A3MM1k 3O JSOd S g 1 4 1,91 a a 1 , 1 : es INtl 0 0 1 4i - 5 s w . a F F i F 4 ' G G a t w x d o b v ( g . ►.1 z=` © u U 3 a o. ac @ to a°. w ,t w - W fey w g H. S G � p a d H 11 z .:; ; 4t tt F W � �w �v4 g av^ ~ 4 � t o gi.H a 1ili� E a. co3¢ �vow w a a W tmi W AAd666 EEC, A $ a S� Qf w a t - O aZ au - 0. ../ J .+v ...1 os o.. r cu 2 z < CY. - b 7 4 t :a,,nr ,. Y» . »t " K 9t •i >�, t,,,:,',:,,,,'� a � ., )�, ''`"� Z+r:�. �'�L4 r , +`x .Mv *� ; {��s,,'�e ��.a7• 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 PETER S. EDWARDS : THE UNITED STATES OF AMERICA C/O THE : No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE . MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR PETER S. EDWARDS THE MIDDLE DISTRICT OF PA C/O SCI SOMERSET, INMATE#KQ6655 228 WALNUT STREET, SUITE 220 1590 WALTERS MILL RD PO BOX 11754 SOMERSET, PA 15510 HARRISBURG, PA 17108-1754 805029 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE,N.W. WASHINGTON, DC 20530 Phelan Hallinan,LLP DATE: /72// ( By: .0 /Y.f/!-✓Ls%= Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 805029 y @ _ • , , ,. 1 6I i 1 ._. 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 • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW, this I day of F -� 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT el_ A 79--/ J. 805029 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff vs. • Civil Division PETER S. EDWARDS • CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE : UNITED STATES ATTORNEY FOR THE : No.: 13-245-CIVIL MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 8, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS 302 HOGESTOWN RD -403 MECHANICSBURG, PA 17050 =rn PETER S. EDWARDS < �"' mac.: C/O SCI SOMERSET, INMATE#KQ6655 -; 1590 WALTERS MILL RD SOMERSET, PA 15510 . i c,, - ..a Phelan Hallinan, I P DATE: 1/10 / /y By: /40.I Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 805029 • ;_'k,IiTiin, r 2'no 1 FER A CUM E-RLA J COUNTY Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE • No.: 13-245-CIVIL • UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on 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 Defendants on December 18, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 805029 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on January 8, 2014 directing the Defendants 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. Defendants 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 Plaintiffs Motion to Reassess Damages. Phel. Ha li - LL' DATE: 2 By: Jonat . Etkowicz,Esq., Id.No.208786 Attorn- or Plaintiff 805029 Exhibit "A" 805029 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 PETER S.EDWARDS THE UNITED STATES OF AMERICA C/O C/O FCI SOMERSET, INMATE#KQ6655 THE UNITED STATES ATTORNEY FOR 1600 WALTERS MILL ROAD THE MIDDLE DISTRICT OF PA SOMERSET,PA 15510 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG,PA 17108-1754 RE: WELLS FARGO BANK,N.A.v. PETER S. EDWARDS and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 302 HOGESTOWN ROAD MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-245-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days, by 12/24/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, /14/7 Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff Enclosure 805029 Zil �it)Z 8t3C3i6tt81i1iJC "fit j`' o CO �y dAt ZO .T'. 4,ir.r: u o ri 4 w . 1711 `gag81037 flI '-a a 'g ' w w 1 . I lIP v: 5 5 !I'll . o a st 5, w =M a 1 it III O a -t IS o'.4a§ 'ilig �, e imi i•4 a ww oc z it. i tia r4 Y y 4 x 0 w w.. X w .e w . ¶A o -o a Q ck-re (4 23 m ct Elz .... z; Ili; GP 22 44 t:,1?-, ..t 4t .t 4t 04 2.. 45 rsE. ^ w .t rt ,„a•c1j 0 W > iw Eu .: t7G4,, 'O 0 a. w t, ..i:. 8 sa � aw off = r°aQo •, �. i `�' A . t/§ 0 >� W u) W Fotl1�.i. . Imo::: .: ! T �" ., s „ 4 V _ ti '� �' .wwu ww 6w 3 3 : 0,, a z-, w;3 F Z � wH •'c8axwv � av � ciPA.4g Pl4a' it z : . . 4... U .. y:. r". .1 'O c`� t o' Op .. E. 0 0 " ,>'� H, 2`4 t.r i 1 it k r - is K ��--j� t 'w . .. , F A'£ .f x a'� x `4�" i, 'k f n +kF .+ yai'•ti..� .. are r , K t 7a &cx % : 3��y':t 3 ryt " .ice f s K *i.,,,7,',.,_ Ii »€� 4 ';.-,..4: �` .. «.. :-<. 9 . 4.1....,,,,, ,,;,,,j1,,,,.:'y k ` 1ti.» ::- +;> <.,'','3,.. .,4'c i'}, Exhibit "B" 805029 • 5 . 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 PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O THE No.: 13-245-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW,this S `— day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT • .c + J. 805029 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 PETER S. EDWARDS THE UNITED STATES OF AMERICA C/O C/O FCI SOMERSET,INMATE#KQ6655 THE UNITED STATES ATTORNEY FOR 1600 WALTERS MILL ROAD THE MIDDLE DISTRICT OF PA SOMERSET,PA 15510 228 WALNUT STREET, SUITE 220 PO BOX 11754 PETER S. EDWARDS HARRISBURG,PA 17108-1754 302 HOGESTOWN RD MECHANICSBURG, PA 17050 PETER S.EDWARDS C/O SCI SOMERSET, INMATE#KQ6655 1590 WALTERS MILL RD SOMERSET,PA 15510 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE,N.W. WASHINGTON,DC 20530 805029 805029 Exhibit "C" WV- • t Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhal l inan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. Civil Division PETER S. EDWARDS CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE : No.: 13-245-CIVIL MIDDLE DISTRICT OF PA . Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 8, 2014 Rule directing ._ the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages shouldliot be granted was served upon the following individuals on the date indicated below. PETER S.EDWARDS PETER S.EDWARDS C/O FCI SOMERSET,INMATE#KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG,PA 17050-3120 SOMERSET,PA 15510 PETER S. EDWARDS mcci rn - 302 HOGESTOWN RD MECHANICSBURG, PA 17050 ?' to PETER S. EDWARDS _mac = C/O SCI SOMERSET, INMATE#KQ6655 i 1590 WALTERS MILL RD SOMERSET, PA 15510 Phelan I?animal, I ':P DATE: /110 / , / By •" __.. .� .__�._ _ Joi.ar'inn Lomb Esq.,Id. No.312174 Attorney for Plaintiff 805029 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 • vs. : Civil Division PETER S. EDWARDS • CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE • No.: 13-245-CIVIL • MIDDLE DISTRICT OF PA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. PETER S. EDWARDS PETER S. EDWARDS C/O FCI SOMERSET, INMATE #KQ6655 302 HOGESTOWN ROAD 1600 WALTERS MILL ROAD MECHANICSBURG, PA 17050-3120 SOMERSET, PA 15510 PETER S. EDWARDS PETER S. EDWARDS 1600 WALTERS MILL ROAD 302 HOGESTOWN RD SOMERSET, PA 15510 MECHANICSBURG, PA 17050 PETER S. EDWARDS C/O SCI SOMERSET, INMATE#KQ6655 1590 WALTERS MILL RD SOMERSET, PA 15510 Phel. .allin. , LLP DATE: s By: ME,j�/ Jonah. tkowicz, Esq., Id.No.208786 Attorn 'or Plaintiff 805029 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 4 rEB 12 PM 4: O iS WELLS FARGO BANK,N.A. Court of ConGr MsAND 0 0 U NTY Plaintiff PENNSYLVANIA vs. Civil Division PETER S. EDWARDS CUMBERLAND County THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE No.: 13-245-CIVIL MIDDLE DISTRICT OF PA Defendants ORDER AND NOW, this day of 104 • (� , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED( and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $134,413.04 Interest Through January 3, 2014 $14,328.35 Late Charges $188.64 Legal fees $2,050.00 Cost of Suit and Title $887.51 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $147.42 Escrow Deficit $5,176.98 TOTAL $157,281.94 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E COURT: • / .0 J. � Y 805029 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY u3) i HE PROTHO)NO FAPY ?Ui'it JUN 12 it 9: 38 CUMSERLA€dD COUNTY PENNSYLVANIA OFFICE OF TRE s ERIFF J L Wells Fargo Bank, N.A. vs. Peter Edwards Case Number 2013-245 SHERIFF'S RETURN OF SERVICE 09/25/2013 03:23 PM - Deputy Jeff Kolodzi, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 302 Hogestown Road, Silver Spring - Township, Mechanicsburg, PA 17050, Cumberland County. 11/26/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/07/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/09/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on April 9, 2014 at 10:00 a.m. He sold the same for the sum of $3,000.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ 05/09/2014 Proposed Schedule Of Distribution Posted all parties notified. 05/21/2014 Distribution of Schedule as Proposed SHERIFF COST: $1,239.94 SO ANSWERS, May 21, 2014 RONF']S' R ANDERSON, SHERIFF W'2 P 6261 d a-as,od a • (c) CountySude Sheriff, Teleosaft, inc. 2 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. PETER S. EDWARDS Defendant(s) NO.: 13 -245 -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 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PETER S. EDWARDS C/O FCI SOMERSET, INMATE #KQ6655, 1600 WALTERS MILL ROAD, SOMERSET, PA 15510 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) PETER S. EDWARDS C/O FCI SOMERSET, INMATE #KQ6655, 1600 WALTERS MILL ROAD, SOMERSET, PA 15510 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) US TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING PH # 805029 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 6. . Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 302 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3120 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 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: 37/2./A Av PH # 805029 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. PETER S. EDWARDS vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION • : NO.: 13 -245 -CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETER S. EDWARDS C/O FCI SOMERSET, INMATE #KQ6655, 1600 WALTERS MILL ROAD SOMERSET, PA 15510 PETER S. EDWARDS 302 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3120 **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 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120 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 $140,774.64 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. f 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 -245 -CIVIL WELLS FARGO BANK, N.A. v. PETER S. EDWARDS owner(s) of property situate in SILVER SPRING TOWNSHIP, CUMBERLAND County, Pennsylvania, being 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120 Parcel No. 38-21-0291-061 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,774.64 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public road leading from Mechanicsburg to Hogestown and known as the Hogestown Road (Route No. 114), at corner of land now or formerly of Weir and Helen Wert, said point of BEGINNING. BEING referenced as 120 feet northwestwardly from the center line of public Township Road (T-586); thence along the line of said land now or late of Weir and Helen Wert, North 35 degrees East 307.50 feet to a point in the line of land now or late of Fern E. and Margaret T. Matthews; thence along said line of land now or late of Fern E. and Margaret T. Matthews, North 55 degrees West 100 feet to a point; thence along the line of other land now or formerly of Fielding H. Belt and wife, of which this is a part, South 35 degrees West 307.50 feet to a point in the public road leading from Mechanicsburg to Hogestown, aforementioned; thence along said Road, South 55 degrees East 100 feet to a point in said road, at corner of land now or late of Weir and Helen Wert, aforesaid, at the PLACE OF BEGINNING. BEING Lot No. 1 in the Subdivision Plan of Lots of Fielding H. Belt, dated January 20, 1966, as prepared by William B. Whittock, Registered Professional Engineer. HAVING thereon erected a brick split-level dwelling. TITLE TO SAID PREMISES IS VESTED IN Peter S. Edwards, a married man, by Deed from Marilyn B. Garman, a single woman, dated 07/16/2004, recorded 07/20/2004 in Book 264,_ Page 1235. PREMISES BEING: 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120 PARCEL NO. 38-21-0291-061 WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-245 Civil 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 PETER S. EDWARDS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $140,774.64 L.L.: $.50 Interest FROM 8/11/2013 TO DATE OF SALE ($23.14 PER DIEM) - $2,684.24 Atty's Comm: Atty Paid: $185.75 Plaintiff Paid: Date: August 13, 2013 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, 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. 203034 Due Prothy: $2.25 Other Costs: David D. Byell, Prothonota a P. Deputy TRUE COPY FROM RECORD In Testimony whereof, ! here unto set my hand and the seal of said Court at Carlisle, Pa. This /3 day of �. , CilCl 20 L' �Prothonotary V LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-245 Civil Term WELLS FARGO BANK, N.A. vs. PETER EDWARDS - Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -245 -CIVIL, WELLS FARGO BANK, N.A. v. PETER S. EDWARDS owner(s) of property situate in SIL- VER SPRING TOWNSHIP, CUMBER- LAND County, Pennsylvania, being 302 HOGESTOWN ROAD, MECHAN- ICSBURG, PA 17050-3120. Parcel No. 38-21-0291-061. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $140,774.64. 51 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. 1A:/ Lisa Marie) arie oyne, Editor SWORNTO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2120 Technology Pkwy Suite 300 s. Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 patriogews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-245 Civil Term WELLS FARGO BANK, N.A. vs. PETER EDWARDS By virtue of a Writ of Execution No. 13 -245 -CIVIL WELLS FARGO BANK, N.A. v PETER S. EDWARDS Atty: Joseph Schalk owner(s) of property situate in SILVER SPRING TOWNSHIP, CUMBERLAND County, Pennsylvania, being 302 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3120 Parcel No. 38-21-0291.061 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,774.64 This ad ran on the date(s) shown below: 10/13/13 10/20/13 Sworn to and subscribed before me 's 11 day of November, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 10/27113 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Assoc is the grantee the same having been sold to said grantee on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 13th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 245, at the suit of Wells Fargo Bank N A against Peter S Edwards is duly recorded as Instrument Number 201412356. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this day of ecorde My Corn Recorder of Deeds eeds, Cumberland County, Carlisle, PA ission Expires the First Monday of Jan. 2018