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PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff,
vs.
CIVIL DIVISION
NO. ~~ /
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MICHAEL C. MENAPACE
NANCIE C. MENAPACE
A/K/A NANCIE E. MENAPACE
256 CREEK ROAD
CAMP HILL, PA 17011-7417
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, MICHAEL C
062-PA-V3
MENAPACE and NANCIE C. MENAPACE~'"~
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A/K/A NANCIE E. MENAPACE, are individuals whose last known address are 256 CREEK
ROAD, CAMP HILL, PA 17011-7417.
3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked. Exhibit "A", attached hereto and made a part hereof.
4. On or about February 20, 2004, MICHAEL C. MENAPACE and NANCIE C.
MENAPACE made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION a
Mortgage in the original principal amount of $113,426.00 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 1855, Page 0937.
The Mortgage is a matter of public record and is incorporated herein by reference in accordance
with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents
to pleadings if those documents are of public record.
5. Plaintiff is the current Mortgagee and is in the process of recording an Assignment
of Mortgage.
6. MICHAEL C. MENAPACE and NANCIE C. MENAPACE A/K/A NANCIE E.
MENAPACE are record and real owners of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due May 1, 2012.
062-PA-V3
8. As of 01/28/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $62,211.31
Interest $ 2,819.37
04/01 /2012 through O 1 /28/2013
Late Charges $ 100.10
Property Inspections $ 75.00
Escrow Deficit $ 1,439.40
TOTAL $66,645.18
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
1 1. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $66,645.18, 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: ~Ll Z°~3 athan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
062-PA-V3
Exhibit "A"
X56 CRBBK Rl}, TWP. OF LOt+TBR ALLHN, PA 19011
[Property Address]
1. PARTIES
"Borrower" moans cacti pctson signing at the end of this Note, and the person's successors and assigns. "Lender"
means SUPERIOR HOME NORTGAGB CORPORATION
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
ONE BUNDRSD THIRTEEN THODSAND 80DR HONORED TPTSNTY-SIX AND 00/100
Llollars {U.S. $ 113, 426.40 ), plus interest, to the order of Lender. lnierest wilt be charged an unpaid
principal, from the date of disbursement ofthc loan proceeds by Lender, at the rate of
E~ZVE AND ONti-HALF percent { 5.500 %) per year until the full amount of principal has
been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same
slate as this Note and called the "Security Insttument." 'that Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Note.
d. MANNER OF PAYMENT
(A) Time
l3orrower shal l make a payment of principal and interest to Lender on the 1ST day of each month
beginning on APRIL, 2004 .Any principal and interest remaining on the 1$T day of
MARCH, 2019 ,will be due on that date, which is called the "Maturity Date".
(B} Place
Payment shall be rtmdc at 1395 RgUTIe 539, TDCtCBRTON, NJ 08087
or at such place as Lender ttmy designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of $ 926.74 .This amount will
be part of a larger monthly payment required by the Security Instrun~rtt, that shall be applied to principal, interest and other
items 'sn the order described in the Security Instrument.
(D} Allonge to this note for payment adjustments
if an allonge providing for payment adjustments is executed by Borrower together with this Notc, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Notc. [Check applicable boxj
Q Graduated Payment Allonge ^ Growing Equity Allonge ^ Other [Specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the
first day of any month:, Lender shall accept prepayment on ather days provided that Borrower pays interest on the amount
prepaid For the remainder of the month to the extent required by Lender and pctntitted by regulations of the Secretary. [f
oocrt~~r Ptige 1 of3 FHA Ainkislate Fined Rare dote . 1ZNit
DOCO7/i1.ViX D~/O1/100)
FEBRUARY 20, 2004 NEW CUl~BRLAND PENNSYLVANIA
[Date) [City? [State)
~~ ' .
Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the tnonthly payment unless
Lender al;rccs in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
[f Lender has not received the fuB monthly payment required by the Security ]nstrumcnt, as described in Paragraph4(C) of this
Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
FOUR percent ( 9.000 %) of the overdue amount of each payment.
(13) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remainin}; due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As
used in this Note, "Secretary" mcatts the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs artd I;xRenses
if Lcndcr has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it or by mailing it by first class mail to Borrower at the property address abova or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first cla,~t mail to Lender at the address
s~utcd in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
oocuFp.~ Page 2 of 3 FHA Mtiltislste Fixed Rote ~atc - t21(!1
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9. OBLIGATIONS OF PERSONS t1NDER THIS NOTE
If tttore than one person signs this Nate, each person is fully and personally obligater€ to keen all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarnntor, surety or endorser of this Note
is also obligated to do these things. Any person who takes over these obligations, including the ob€igations of a guarantor,
surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights
under this Note against each person individually or against a{I signatories together. Any one person signing this Note may be
required to pay all of the amoun#s owed under this Note.
(~ /BY SIGj+{I~NG l~tri.OW, Borrotveracccpis and agrees to the Eernas and covenants contained in this Notc.
. ~'~°':";~n.~.~•.,YII~`~`'~c-.-_ _ yam-' ~
. MsxaP.~c~s 1 DxT~ -
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- BORROIPSR - MI L C. Mffi7APACE - D TS -
Y TO THE ORDER OP' FASO MOMS MOR'~GAGEt INC.
THOUT RECOURSE .
' Y ~... .: =::. ~' ,
d -
?R HOME MORTI3AQE CORPORATION
M. SCHEUREN, SR. WP
~ d~E OROEFi OF
Wetfs Fergt? Home A4ortgage, Inc.
ey
M [a R. Cod.~p
'ice President-Lo~.rt DaC_•mrntnr;~.,
[Sign Original Only]
nocufFa~ Page 3 of 1 FHA Multistate Fixed Rate Note - 12At
DOCU7f113.YT% 0~/Ol/4003
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Lower Allen, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNING at a point in the center of the public road leading to Harrisburg at corner of land
now or late of Samuel Hertzler; thence by said Hertzler land north 14 degrees west, 390 feet to a
stake; thence north 83 degrees east, a distance of 40 feet to an iron pin at land now or late of
Daniel Drawbaugh; thence by said Drawbaugh land, south 14 degrees east, a distance of 390 feet
to a point in the center of the said public road; thence by the center of the said public road, south
83 degrees west, a distance of 40 feet to the place of BEGINNING.
As surveyed by D. P. Raffensperger, Registered Surveyor, on February 8, 1954.
HAVING THEREON ERECTED a two and one-half (2 1/2 story single frame dwelling together
with a one car attached garage, said premises being known and numbered as 256 Creek Road,
Camp Hill, Pennsylvania
PROPERTY ADDRESS: 256 CREEK ROAD, CAMP BILL, PA 17011-7417
PARCEL # 13-24-0805-018.
File #: 31492A
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 '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 er nformation 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.
G C.~-
Name: smin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 02/13/2013
086-PA-V2 File # 314928
FORM 1
WELLS FARGO BANK, N.A.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
MICHAEL C. MENAPACE
NANCIE C. MENAPACE A/K/A NANCIE E.
MENAPACE
Defendant(s)
3- "t Civil
NOTICE OF RESIDENTIAL MORTGAGE
DIVERSION PROGRAM
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FORECLO
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You have been served with a foreclosure complaint that could cause youto lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference isscheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financal information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, vhich must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reaonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
oZ~Zo ~/3 __
Date Jonathan Lobb, Esq., Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
Home:
Cell:
State: Zip:
Office:
Other:
How long?
Home:
Cell:
Office:
Other:
State: Zip:
How long?
Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorc cles :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" 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 for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if 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
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 Z 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
Date
letter)
,6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800)990-9108
File #: 314928
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PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff Term
V.
No. 2013-946-CIVIL
MICHAEL C. MENAPACE
NANCIE C. MENAPACE
A/K/A NANCIE E. MENAPACE Cumberland County
256 CREEK ROAD
CAMP HILL, PA 17011-7417
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 February 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due May 1, 2012, and each month thereafter. A true and correct copy of the Complaint
is attached hereto, made part hereof and marked as Exhibit A.
2. On February 28, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of
314928
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. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendants opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HA IN N, LLP
Date: BY: n' .1 ) .
0 os ph . Schalk, Esquire
Att rney for Plaintiff
314928
Exhibit A
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
16I 7-JFK-13eulevard,-Suite 1-400. --. -- .-----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
cv(l FORT MILL,SC 29715
Plaintiff, NO.:
vs.
MICHAEL C.MENAPACE
NANCIE C.MENAPACE
AIKJA NANCIE E. MENAPACE
256 CREEK ROAD
CAMP.HILL,PA 17011-7417
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Hallinan,LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL,SC 29715 (hereinafter"plaintiff').
2. The Defendants, MICHAEL C. MENAPACE and NANCIE C. MENAPACE
We hereby certify the
062-PA-V3 4voRNEY FILE COPY within to be a true and
PLEASE RETURN correct copy of the
original filed of record
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 far 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 J11RE 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 FEF OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUN'T'Y TSAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990.9108 ,
I de ll: '14929
r
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb,Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
vs.
MICHAEL C. MENAPACE
NANCI..E C. MENAPACE
A/K/A NANCIE E. MENAPACE
256 CREEK ROAD
CAMP HILL,PA 17011-7417
Defendants.
CIVIL ACTION— COM:PLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, ..LLP
and f les this Complaint in Mortgage Foreclosure as .follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff').
2. Tlhe Defendants, MICHAEL C. MENAPACE and NANCTE C. MENAPACE
062-PA-V3
A/K/A NANCIE E. MENAPACE, are individuals whose last known address are 256 CREEK.
ROAD, CAMP HILL, PA 17011-7417.
3. WELLS FARGO BANK,N.A., directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK., N.A. is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about February 20, 2004, MIC14AEL C. MENAPACE and NANCIE C.
MENAPACE made, executed and delivered..to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS NOMINEE FOR SUPERIOR HOME MORTGAGE CO.R.PORATION a
Mortgage in the original principal amount of$113,426.00 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 1855, Page 0937.
The Mortgage is a matter of public record and is incorporated herein by reference in accordance
with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents
to pleadings if those documents are of public record.
5. Plaintiff is the current Mortgagee and is in the process of recording an Assignment
of Mortgage.
6. MICHAEL C. MENAPACE and NANCIE C. MENAPACE A/K/A NANCIE E.
MENAPACE are record and real owners of the aforesaid mortgaged premises.
7. Defendant-, are in default under the terms of the aforesaid Mortgage for, inter a.lia,
failure to pay the monthly installments of principal and, interest due May 1, 2012.
062-PA-V3
8. As of 01/28/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $62,211.31
Interest $ 2,819.37
04/01/2012 through 01/28/2013
Late Charges $ 100.10
Property Inspections $ 75.00
Escrow Deficit $ 1,439.40
TOTAL $66,645.1.8
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
L,aw, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff s attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred
9. Notice of Intention to Foreclose as set .forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-'V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$66,645.18, with interest thereon plus additional costs (including additional
escrow advances),additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
/ By _
Date: aZ( L 3 at:hall Lobb, Esq., Id. No.312174
Attorney for Plaintiff
062-PA-V3
Exhibit
"A"
NOTE
FEBRUARY 20, 2004 NEW CUMBERLAND PENNSYLVANIA
[Date] [city] [State]
256 CREEK RD, TWP. OF LOWER ALLEN, PA 17011
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the persons successors and assigns. "Lender"
means SUPERIOR HOME MORTGAGE CORPORATION
and its successors and assigns.
1. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender,Borrower promises to pay the principal sum of
ONE HUNDRED THIRTEEN THOUSAND FOUR HUNDRED TWENTY-SIX AND 00/100
Dollars(U.S.$ 113,426.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal,from the date of disbursement of the loan proceeds by Lender,at the rate of
VIVE AND ONE-HALF percent( 5.500 %) per year until the full amount of principal has
been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same
date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Note.
4. MANNER OF PAYM ENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month
beginning on APRIL, 2004 .Any principal and interest remaining on the 18T day of
MARCH, 2019 ,will be due on that date,which is called the"Maturity Date".
(8) Place
Payment shall be made at 3.395 ROUTE 539, TUCKERTON, NJ 08087
or at such place as Lender may designate in writing by notice to Borrower.
(G) Amount
Each monthly payment of principal and interest will be in the amount of $ 926.79 This amount will
be part ofa larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other
items in the order described in the Security Instrument.
(D) Allonge to this note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the
allonge shall be incorporated into and shall ,+mend and supplement the covenants of this Note as if the allonge were a part of
this Note. (Check applicable box)
0 Graduated Payment Allonge CJ Growing Equity Allonge ❑Other[Specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part,without charge or penalty, on the
first day of any month.. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount
Prepaid for the remainder of the month to the extent required by Lender and pennitted by regulations of the Secretary. If
WCUFFAt Page i of 3 FHA NIultisiste Fixed Rate Note — 12/01
oorurral.yU 6�JOL/2001
Borrower makes a partial prepayment, there will be no changes in the due dote or in the amount of the monthly payment unless
Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument,as described in Paragraph4(C)of this
Note,by the end of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of
FOUR percent( 4.000 %)of the overdue amount of cacti payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may,except as limited by regulations
of the Secretary in the case of payment.defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. to many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does-not authorize acceleration when not permitted by HUD regulations. As
used in this Note,"Secretary"means the Secretary of Housing and Urban Development or his-or her designee.
(C) Payment of Costs and Expenses
If Lender has requfree'd nrtrriWistt,l tdy((tent=:iii full,us described above,Lender may require Borrower to pay costs and
expenses including reason94le and customary:attorney's fees for enforcing this.Note to the extent not prohibited by applicable
law. Such fees and costs hail hearitit'eresi'from tlie;tl ke of disburtsement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid. I
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be givcn'to Borrower under this Note will be
given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address;.
Any notice that must be given to Lender under this Note will be given by first class mall to Lender at the address
stated in Paragraph 4(13)or at a different address if Borrower is given a notice of that different address.
DOCUrvA2 Page2 of 3 FHA Mtillistate Fixed Rate Note -• 12/61
DOCV"A].V X 04/01/7007
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made
in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this 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 Note. Lender may enforce its rights
under this Note against each person individually or against all signatories together. Any one person signing this Note may be
required to pay all of the amounts owed under this Note.
BY SIG J G ffl-O�V,Borrower accepts and agrees to the terms and covenants contained in this Note.
Ff0 ANME d. 10NA,APX►CE --- -
DATE -
t
A0R120t MC L G. MENAPACE • 'DATE a
AY TO THE ORDER OFI-WELLS FARGO HOME MORTGAGE,INC.
ITHOUT RECOURSE
d .
PERIOR HOME MORTGAGE CORPORATION
SEi.H M.SCHEUREN,SR.VP
tNITNQW7 RECOUf�y!r
PAYTO THE ORDER OP
Wefts Fargo Home Mortgage,Inc.
By
Rn nta g,tic} a
Vice Presluent'Loz7n 0oc;;rrcntatfon'
[Sign Original Only]
noCUFM3 Page 3 orl -rt{A Multistate Faxed Rate Note — 12/01
uOMWA3.YTX 04/01/9003
i
Mt 66TD99
o NO
LIB G.A.I,DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Lower Allen, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNING at a point in the center of the public road leading to Harrisburg at corner of land
now or late of Samuel Hertzler; thence by said Hertzler land north 14 degrees west,390 feet to a
stake; thence north 83 degrees east, a distance of 40 feet to an iron pin at land now or late of
Daniel Drawbaugh;thence by said Drawbaugh land, south 14 degrees east, a distance of 390 feet
to a point in the center of the said public road; thence by the center of the said public road, south
83 degrees west, a distance of 40 feet to the place of BEGINNING.
As surveyed by D. P. Raff'ensperger, Registered Surveyor, on:February 8, 1954,
HAVING THEREON ERECTED a two and one-half(2 1/2 story single frame dwelling together
with a one car attached garage, said premises being known and numbered as 256 Creek Road,
Camp Hill, Pennsylvania.
PROPERTY ADDRESS: 256 CREEK ROAD, CAMP MILL, PA 17014-7417
PARCEL# 13-24-0805-018.
Fire#: 3 1491-8
VERIFICATION
Jasmin McLean, hereby states that he/G '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 h sl( ':nfortilatio.0 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`. )smi:n.McLean.
Title: Vice President Loan.Documentation
Company: Wells Fargo Bank,N.A.
Date: 02/1.3/2013
086-PA-V2 File# 3 14928
FORM I
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
vs:
MICHAEL C.MENAPACE
NANCIE C.MENAPACE A/.K/A NANCI.E E.
MENAPACE
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause youto lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.
First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400
extension 2510 or(800) 822-5288 extension 251.0 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference isscheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However,you must provide your lawyer with all requested financal information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, vhich must be filed
within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reaonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
.bate //. &ndhan Lobb,.Esq.,Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date _
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ERAIRI MARY APPLICANT
Borrower name(s):
Property Address:
City: - _ Sta1'4: Zip:
Is the property for sale? Yes'[] No.❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email: -
# of people in household: How long?
Mailing Address: --
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATION FINANCIAL
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:
Primu.XReason for Default:
Is the loan in Bankruptcy? Yes M No M
If yes, provide names, location of court, case number& attorney.:
Assets Amount Owed: Value:
Home: $.. $
Other Real Estate: $ $
Retirement Funds, $. $
Investments: $ . $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1:..Model-. Year:
Amount owed: _ Value;
Automobile#2: Models: Year:
Amount owed; _ Value.:,
Other transportation(automobiles,boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross.- mo is hly Net
2. Monthly Gross - ._ MMp*C� y Net...
_Monthly Gross N10thlyNet
Additional Income Description (not wages): -
L. _ monthly amount:
2. 1,nQritltly amount:
Borrower Pay Days: Co-Borrower Pay Days: .
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mort a e '.Utilities
Condo/Nei h.Fees ..
Car Pay�ment(s) � -
Auto Insurance. Med. not covered)
Auto fuel repairs Other ro ayment
Install. Loan Payment _ . . Cable TV
Child Su ort/Alim,- Spending Money
Da. /Child Care/Tuft. _ Other Exrenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
I-lave you been working with a Housing Counseling Agency?
Yes M No ❑
If yes, please provide the following information:
Counseling Agency: _ Counselor:
Phone(Office): Fax: A
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 tender and lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Irate
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)
E
SHERIFF'S OFFICE OF CUMBERLAND COUNT(
Ronny R Anderson
Sheriff
OJT at
Jody S Smith
'utrnb�traryb
Chief Deputy
Richard W Stewart
Solicitor OFPIe oFTKE SKERlFF
Wells Fargo bank, N.A. Case Number
vs.
Michael C Menapace(et al.) 2013-946
SHERIFF'S RETURN OF SERVICE
02/28/2013 08:15 PM-Deputy Shawn Harrison,being duly sworn according to law,served th equested Complaint
'
In Mortgage Foreclosure by"personally"handing a true copy to a pers repre ng themselves to be
the Defendant,to wit:Michael C Menapace at 256 Creek Rd.,Lower w ., mp Hill, PA 17011.
H ISON, DEPUTY
02/28/2013 08:15 PM-Deputy Shawn Harrison,being duly sworn according to law,served th quested Complaint
in Mortgage Foreclosure by handing a true copy to a person representing the elv s to be Michael
Menapace, husband of defendant,who accepted as"Adult Person in C r e" or N nde C Menapace at
256 Creek Rd.,Lower Allen Twp.,Camp Hill, PA 17011.
S WN ISON, DEPUTY
SHERIFF COST:$59.00 SO ANSWERS,'////�
March 06,2013 R-ONW R ANDERSON,SHERIFF
i
i
(c)CoLoWSW*Sheoff,Toleosoff,In-.
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
Tenn
Plaintiff
V. No.2013-946-CIVIL
MICHAEL C. MENAPACE
NANCIE C. MENAPACE Cumberland County
A/K/A NANCIE E. MENAPACE
256 CREEK ROAD
CAMP HILL, PA 17011-7417
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:
MICHAEL C. MENAPACE
NANCIE C. MENAPACE
256 CREEK ROAD
CAMP HILL, PA 17011-7417
Date: (d By.
se h . Schalk, Esquire
Atto ney for Plaintiff
314928
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff Term
V.
No.2013-946-CIVIL
MICHAEL C. MENAPACE
NANCIE C. MENAPACE Cumberland County
A/K/A NANCIE E. MENAPACE
256 CREEK ROAD
CAMP HILL, PA 17011-7417
Defendants
ORDER
AND NOW, this l? day of �'? %8064- , 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:
10L
J.
D* C?
314928
• � 3
CC : Michael C. Menapace and Nancie C. Menapace
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
MICHAEL C. MENAPACE
NANCIE C. MENAPACE
256 CREEK ROAD
CAMP HILL, PA 17011-7417
314928
riaE
PHELAN HALLINAN,LLP Attorney for Plaintiff
Allison F. Zuckerman, Esq., Id.No.309519 ^913 AUG —9 AN 10.1'47
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza CUMBERLAND COUNTY
Philadelphia,PA 19103 PENNSYLVANIA
.
alison.zuckerman@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS. .
CIVIL DIVISION
MICHAEL C. MENAPACE
NANCIE C. MENAPACE No. 13-946-CIVIL
A/K/A NANCIE E.MENAPACE
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 MICHAEL C. MENAPACE is over 18 years of age and
resides at 256 CREEK ROAD, CAMP HILL, PA 17011-7417.
(c) that defendant NANCIE C. MENAPACE A/K/A NANCIE E. MENAPACE
is over 18 years of age and resides at 256 CREEK ROAD, CAMP HILL, PA 17011-7417.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
el a
ison 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
808687
Results as of:Aug-08-2013 05:47:47
Department of Defense Manpower Data Center
SCRA 3.0
f '
Pursuant to Servicemembe s Civil Relief Act
Last Name: MENAPACE
First Name: MICHAEL
Middle Name: C
Active Duty Status As Of: Auy-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 reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
��' � Rests as of:Aug-08-2013 05:47:49 t
Dep� artment of Defense Manpower Data Center esults
SCRA 3.0
�t,r rrf�
,. Status Report
* Pursuant,to Sorviccmembcrs Civil Relief Act
Last Name: MENAPACE
First Name: NANCIE
Middle Name: C
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 reflects the Individua`Is'active duty slatus based in the Active Duy:Status Date
r
r
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No- � NA
This response reflects where:the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA.',. - No NA
This response reflects whether the individual or'his/her unit has received'eady 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.
r '
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
t`lJiG-OFF 10E
HE �'R�THQ�'OTi'�R';'
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034 2013 AUG 13 AM 10: 35
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
MICHAEL C. MENAPACE CIVIL DIVISION
NANCIE C. MENAPACE
A/K/A NANCIE E. MENAPACE No. 13-946-CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against MICHAEL C. MENAPACE
and NANCIE C. MENAPACE A/K/A NANCIE E. MENAPACE, 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 $66,645.18
TOTAL $66,645.18
I hereby certify that(1) the Defendants' last known address is 256 CREEK ROAD,
CAMP HILL, PA 17011-7417, and (2)that notice has been given in accordance with Rule
Pa.R.C.P 237.1.
Date
Z � =
Adam H. Davis, Esq., Id. No.203034 -
Attorney f r Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. Air
DATE: S ,3 J? w
PH#808687 PROTHONOTARY
a-
Ck.µ 1? may
808687 SL/ /q
13
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
MICHAEL C. MENAPACE
NANCIE C.MENAPACE No. 13-946-CIVIL
A/K/A NANCIE E. MENAPACE
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 MICHAEL C. MENAPACE is over 18 years of age and
resides at 256 CREEK ROAD,CAMP HILL, PA 17011-7417.
(c) that defendant NANCIE C.MENAPACE A/K/A NANCIE E. MENAPACE
is over 18 years of age and resides at 256 CREEK ROAD, CAMP HILL, PA 17011-7417.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Date
Phelan Hallinan, LLP
Adam H. Davis,Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1.617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
21.5-563-7000
808687
Department of Defense Manpower Data Center Results=of:��2-201,m:19:38
. ' omRAou
PurDuantto Servicemembers Civil Aot
Last Name: MENAPACE
First Name: MICHAEL
Middle Name: C.
Aotkx9 Duty Status Ae Of:
On Active Duty On Active Duty Status Data
Active Duty Staff Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the Individuals'acthre duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Acffte Duty Start Date uty End Date Status :T-s-rvice Component
NA NA No I NA
This response reflects where the individual fell active duty status within 367 days preceding the Aefive Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status ice Component
T So-
NA NA I 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 m the Department m Defense Manpower Data Center,based nn the/nfo�a�nm�p�n�m�'u��v��mom�am
memuwour|unmenm,euv�o�wsuo�osmoomavoxaxvrmooni�nnense�mm�nnv Navy,munneCorps,Air Force,w[xw.Public Health,and
Coast Guard). This status includes information onaue,wvemmmua,or his/her unit receiving notification p/future orders m 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 xwINDIVIDUAL.
obilly J -m~ N'
Mary w.onavey-omvn^Director
Department m Defense'Manpower Data Center
*aoo Mark Center Drive,Suite cwsua
Arlington,vx22mm
Department of Defense Manpower Data Center Resuits as of:Aug-12.2013 01:20:39
SCR4 3.0
Status Report
, k Pursuant to Somicernembers Civil Relief Act
Last Name: MENAPACE
First Name: NANCIE
Middle Name: C.
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 r - i!' No�;�-. NA
This response reflects the individuals'active duty status based pr the,Achve 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 .,. N0 NA
This response reflects where the individual left active duty status wlihin 367 days preceding the Active Duty Status Date
,
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA
NA A
This response reflects whether the indivitluai or his/her unit has received edify 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,Airf=orce,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 00 NOT UNIQUELY
IDENTIFY AN INDIVIDUAL,
iA
)"Wal
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Aug-12.2013 01:21:26
SCRA 3.0
y
Repott
Pursuant to Scndee embors,Civil Relief Ad
Last Name: MENAPACE
First Name: NANCIE
Middle Name: E
Active Duty Status As Of: Aug-12-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Or End Date Status Service Component
NA NA - - No NA
This response reflects'the indididuate active duty status based on the AcEive Duly Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component ,
.v
NA .:... NA NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA .NA No NA
This response reflects whether�tha Individual er'hislher unit has received early not cation 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.
Aaj ��
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Y
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
V.
MICHAEL C.MENAPACE NO. 13-946-CIVIL
NANCIE C.MENAPACE
A/K/A NANCIE E.MENAPACE CUMBERLAND COUNTY
Defendant(s)
TO: MICHAEL C.MENAPACE
256 CREEK ROAD
CAMP HILL,PA 17011-7417
DATE OF NOTICE: w---j
THIS FIRM*IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
I Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CAJU-ISLE.PA 17013
-3166
By:
1 (�
-ac j �s,�sq,,Id.No.310721
At I
'I
0 le rp iintif
P -1an all .2an.LLP
1617.t X .oolevard.Suite 1400
One P. Center Plaza
Philadelphia,PA 19103
PH#808687
—M
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
V.
MICHAEL C.MENAPACE NO. 13-946-CIVIL
NANCIE C.MENAPACE
A/K/A NANCIE E.MENAPACE CUMBERLAND COUNTY
Defendant(s)
TO: NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE
256 CREEK ROAD
CAW HILL,PA 17011-7417
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
LI
: j
(717)240-6195 C E.PA 17013
7
2 9.3166
"OdYly
A, Miry r p finti
l ff
IJ n,LLP
16171�K
2oulevard,Suite 1400
One 1/1, Center Plaza
pbia,PA 19103
PH#808687
(Rule of Civil Procedure No. 236)'-Revised
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
MICHAEL C.MENAPACE
NANCIE C.MENAPACE CIVIL DIVISION
A/K/A NANCIE E.MENAPACE ,
No. 13-946-CIVIL
t
Notice is given that a Judgment in the above captioned matter has been entered
against you on
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis,Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia;PA 19103
215 7-563-7000
" THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
808687
PRAECIPE FOR WRIT Of EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 13-946-CIVIL
MICHAEL C.MENAPACE
NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE
Defendant(s) CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:-.'
Amount Due $66,645.18 rn-
C—_
Interest from 08/13/2013 to Date of Sale $1,249.44 can c::;
($10.96 per diem) =-11
C,
TOTAL $67,894.62
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PH#808687
co
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TU AL
. . a L
cu, 1,93yq5,6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
Plaintiff
V.
MICHAEL C.MENAPACE
NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
�� ���� Address where papers may be served:
MICHAEL C.MENAPACE
Phelan Hallinan,LLP 256 CREEK ROAD
Adam H.Davis,Esq.,Id.No.203034 CAMP HILL,PA 17011-7417
Attorney for Plaintiff
NANCIE C.MENAPACE
A/K/A NANCIE E.MENAPACE
256 CREEK ROAD
CAMP HILL,PA 17011-7417
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Lower Allen,County of Cumberland and
State of Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point in the center of the public road leading to Harrisburg at corner of land now or late of
Samuel Hertzler;thence by said Hertzler land north 14 degrees west,390 feet to a stake;thence north 83
degrees east,a distance of 40 feet to an iron pin at land now or late of Daniel Drawbaugh;thence by said
Drawbaugh land,south 14 degrees east,a distance of 390 feet to a point in the center of the said public road;
thence by the center of the said public road,south 83 degrees west,a distance of 40 feet to the place of
BEGINNING.
As surveyed by D.P.Raffensperger,Registered Surveyor,on February 8, 1954.
HAVING THEREON ERECTED a two and one-half(2 1/2 story single frame dwelling together with a one
car attached garage.
TITLE TO SAID PREMISES IS VESTED IN Michael C. Menapace and Nancie C. Menapace,
h/w, by Deed from Ursa I. Matincheck, n/k/a Ursa S. Hanford, dated 03/07/2002, recorded
03/12/2002 in Book 250, Page 3656.
PREMISES BEING:256 CREEK ROAD,CAMP HILL,PA 17011-7417
PARCEL NO. 13-24-0805-018.
. - t Attorneys for Plaintiff
PHELAN HALLINAN, LLP�t f,� 0�,���������.�., y
Adam H. Davis, Esq., Id."'No.203(�34
1617 JFK Boulevard, Suite € (( J
One Penn Center Plaza
Philadelphia, PA 19103 CUMBERLAND COUNTY
Adam.Davis @PhelanHallinaiREE S`;LV,NIA
215-563-7000
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 13-946-CIVIL
MICHAEL C. MENAPACE
NANCIE C.MENAPACE A/K/A NANCIE E. MENAPACE
Defendant(s) CUMBERLAND COUNTY
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
(X) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Phelan Hallinan,LL
Adam H. Davis,Esq.,Id.No.203034
Attorney for Plaintiff
WELLS FARGO BANK,N.A. - �� °.'- 'r t'"- ,, "� COURT OF COMMON PLEAS
i,{ i 'E F 0TH0� 0�:FAi,,
Plaintiff .
?013 AUG 13 AM 10:; 37 CIVIL DIVISION
V.
CUMBERLAND COEIN fY NO.: 13-946-CIVIL
MICHAEL C.MENAPACE PENNSYLVANIA
NANCIE C. MENAPACE
AIK/A NANCIE E.MENAPACE CUMBERLAND COUNTY
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe
for the Writ of Execution was filed,the following information concerning the real property located at 256 CREEK ROAD,CAMP HILL,
PA 17011-7417.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MICHAEL C.MENAPACE 256 CREEK ROAD,
CAMP HILL,PA 17011-7417
NANCIE C.MENAPACE 256 CREEK ROAD,
A/K/A NANCIE E.MENAPACE CAMP HILL,PA 17011-7417
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MICHAEL C.MENAPACE 256 CREEK ROAD
CAMP HILL,PA 17011-7417
NANCIE C.MENAPACE 256 CREEK ROAD
A/K/A NANCIE E.MENAPACE CAMP HILL,PA 17011-7417
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD
NEW CUMBERLAND,PA 17070
PH# 808687
LOWER ALLEN TOWNSHIP AUTHORITY 635 NORTH 12TH STREET
C/O STEVEN MINER,ESQUIRE SUITE 101
LEMOYNE,PA 17043
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 256 CREEK ROAD
CAMP HILL,PA 17011-7417
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
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made.in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: By:
Phelan Hallinan,LLP
Adam H:Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#808687
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 13-946-CIVIL
MICHAEL C. MENAPACE
NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE CUMBERLAND COUNTY
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: MICHAEL C.MENAPACE U)
NANCIE C.MENAPACE
A/K/A NANCIE E. MENAPACE
C)r?
256 CREEK ROAD
CAMP HILL,PA 17011-7417
"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 256 CREEK ROAD, CAW HILL,PA 17011-7417 is scheduled to be sold at
the Sheriffs 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$66,645.18 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. 13-946-CIVIL
WELLS FARGO BANK,N.A.
V.
MICHAEL C.MENAPACE
NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE
owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
256 CREEK ROAD, CAMP HILL, PA 17011-7417
Parcel No. 13-24-0805-018.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $66,645.18
Attorneys for Plaintiff
Phelan Hallinan, LLP
v
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Lower Allen,County of Cumberland and
State of Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point in the center of the public road leading to Harrisburg at corner of land now or late of
Samuel Hertzler;thence by said Hertzler land north 14 degrees west,390 feet to a stake;thence north 83
degrees east,a distance of 40 feet to an iron pin at land now or late of Daniel Drawbaugh;thence by said
Drawbaugh land,south 1.4 degrees east, a distance of 390 feet to a point in the center of the said public road;
thence by the center of the said public road,south 83 degrees west,a distance of 40 feet to the place of
BEGINNING.
As surveyed by D.P.Raffensperger,Registered Surveyor,on February 8, 1954..
HAVING THEREON ERECTED a two and one-half(2 1/2 story single frame dwelling together with a one
car attached garage.
TITLE TO SAID PREMISES IS VESTED IN Michael C. Menapace and Nancie C. Menapace,
h/w, by Deed from Ursa I. Matincheck, n/k/a Ursa S. Hanford, dated 03/07/2002,recorded
03/1.2/2002 in Book 250, Page 3656.
PREMISES BEING:256 CREEK ROAD,CAMP HILL,PA 17011-7417
PARCEL NO. 13-24-0805-018.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-946 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 MICHAEL C.MENAPACE,NANCIE C.MENAPACE A/K/A NANCIE E. MENAPACE
(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: $66,645.18 L.L.: $.50
Interest FROM 8/13/2013 TO DATE OF SALE($10.96 PER DIEM)-$1,249.44
Atty's Comm: Due Prothy: $2.25
Atty Paid: $207.75 Other Costs:
Plaintiff Paid:
Date: August 13,2013
(Seal)
David D.Buell,Prothonotary
Deputy
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
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PH#808687
DEFENDANT SERVICE TEAM/lxh
MICHAEL C.MENAPACE COURT NO.:13-946-CIVIL
NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE
SERVE MICHAEL C.MENAPACE AT: TYPE OF ACTION
256 CREEK ROAD XX Notice of Sheriffs Sale
CAMP HILL,PA 17011-7417 SALE DATE: December 4,2013
SERVED
Served and made known to MICHAEL C.MENAPACE,Defendant on the 99 day of 20 ,at
o'clock?.M.,at in the manner described below:
_Defendant personally served.
PC,Adult family member with whom Defendant(s)reside(s).
Relationship is h. t` t'Q4APA(3F-
_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:
S 'S
Description: Age
,yy Height WeightM Race LQ Sex f Other
I,4444VA 1 a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unworn falsification to authorities. c
DATE: / 7,0(3- NAME: �1a
PRINTED NAME: �'� Oateak1
TITLE: �(�,C�gS Sw-vaz
NOT SERVED
On the da of 20_,at o'clock_.M.,I, a competent adult hereby
state that I)e endant because:
Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on V _at T36aj!n, at
Service Refused (W
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF C°) r
Phelan Hallinan,LLP C-
1617 JFK Boulevard,Suite 1400 f�Z C
One Penn Center Plaza —M 1°n
Philadelphia,PA 19103 x-�u –a C�`
(215)563-7000 tV '
rte" C=)
a"> Nt
< . 1
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PH#808687
DEFENDANT SERVICE TEAM/lxh
MICHAEL C.MENAPACE COURT NO.:13-946-CIVIL
NANCIE C.MENAPACE AIK/A NANCIE E.MENAPACE
SERVE NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE TYPE OF ACTION
AT: XX Notice of Sheriff's Sale
256 CREEK ROAD SALE DATE: December 4,2013
CAMP HILL,PA 17011-7417
SERVED
Served and made known to NANCIE C.MENAPACE A/K/A NANCIE E.MENAPACE,Defendant on the day
of &-)L 20 a,at
o'clock M.,at '25L C9400� (zOE�Q in the manner described below:
Defendant p6rsonally served.
Adult family member with whom Defendant(s)reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s).
_Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
a -Other
Description: Age ';D'3 Height Weight Sex
I, �AIRt� 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: 9 NAME: t�
PRINTED NAME: �wt� -t�tE re-6&1
TITLE:�(2°(JE:g.S segA
NOT SERVED
On the day of 20_,at o'clock_.M.,I, a competent adult hereby
state that�endyant N T F UND ecause:
Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
_No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 7FK Boulevard,Suite 1400 r`q M -�
One Penn Center Plaza ^+{
Philadelphia,PA 19103 i�5 IP
(215)563-7000 ---q r-'-,
<
'CZ C:) 13
---i
. 1
_ . ft- C' ;U_ H'HO OTA,f,
2033 NOV _7 AM 10: l 2
PHELAN HALLINAN,LLP Attorney for Plaintiff
John Michael Kolesnik,Esq.,Id.No.308877 CUMBERLAND COUNT'..
1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
John.Kolesnik @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
MICHAEL C.MENAPACE .
NANCIE C.MENAPACE A/K/A NANCIE E. No.: 13-946-CIVIL
MENAPACE .
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/e r Certified Mail Return
Receipt stamped by the U.S. Postal Service is attached , e ibit"A".
Js'
)00 ,chael Kolesnik,Esq.,Id.No.308877
Date: 6//
P��/� Attorney for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#808687
•
14.
E
Name and Phelan Halligan,L1.1) <; d c'
Address Milk 1617 3FK Boulevard.Suite 1400 !,,,41,1,f D,', .
or Sender One Pare Canter Plaza
Philadelphia PA 19103 AZK A'W
ICET.12i2013SALE ��; _'ve,
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•
Y ' k SHERIFF'S OFFICE OF CUMBERLAND COUNTY.
Ronny RAnderson F«.EO-Of,F'ICE
Sheriff Ci:° THLP PROTI-1101NO TARY
4ti�rtiig tt�trr�.{���
Jody,S Smith b 2013 NOV 20 AM 11 t.27
Chief Deputy
Richard W Stewart
CUMBEP1MVIID COMTY
Solicitor OFFICE OF TPE SHERIFF P E lky N S Y LVA fl!A
Wells Fargo Bank, N.A.
vs. Case Number
Michael C Menapace (et al.) 2013-946
SHERIFF'S RETURN OF SERVICE
09/27/2013 04:23 PM -Deputy Jamie DiMartle, 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 256 Creek Rd., Lower Allen Twp., Camp Hill, PA 17011,
Cumberland County.
10/04/2013 05:25 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant,to wit:
Nancie C Menapace AKA Nancie E Menapace at 256 Creek Rd., Lower Allen Twp., Camp Hill, PA
17011, Cumberland County.
10/04/2013 05:25 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be Nancie Menapace-Wife,
who accepted as"Adult Person in Charge"for Michael C Menapace at 256 Creek Rd., Lower Allen Twp.,
Camp Hill, PA 17011, Cumberland County.
11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,253.83 SO ANSWERS,
I
November 19, 2013 RbNqY R ANDERSON, SHERIFF
i
(c)CounrySulte Sheriff,Teleosofl,Inc.
On August 16, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA,
Known and numbered as, 256 Creels Road,
Camp Hill, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 16, 2013
CN
to By.
c�
Real Estate Coordinator
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No.2013-946 Civil Term
WELLS FARGO BANK,N.A.
VS.
MICHAEL C.MENAPACE,
Nancie C. Menapace aka
Nancie E.Menapace
Atty.:Joseph Schalk
By virtue of a Writ of Execution
No. 13-946-CIVIL, WELLS FARGO
BANK, N.A. v. MICHAEL C. MENA-
PACE,NANCIE C.MENAPACE a/k/a
NANCIE E. MENAPACE owner(s) of
property situate in LOWER ALLEN
TOWNSHIP,CUMBERLAND County,
Pennsylvania, being 256 CREEK
ROAD,CAMP HILL,PA 17011-7417.
Parcel No. 13-24-0805-018.
Improvements thereon:RESIDEN-
TIAL DWELLING.
Judgment Amount:$66,645.18.
86
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.
f LJ a Marie oyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
25 day of October, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
The Patriot-News Co.
«:202GtTe_chnoiogy Pkwy t4e atr1*otAvXews
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY_ This ad ran on the date(s)shown below:
2013.946 Chill Term 10113/13
WELLS FARGO BANK,N.A.
VS. 10/20/13
MICHAEL C MENAPACE
Nancle C Menapace AKA Nancie 10127113
E Menapace
Atty. Joseph Schalk
By virtue of a writ of Execution No.
13-946-CIVIL
WELLS FARGO BANK
,NA
V.
MICHAEL C.MENAPACE Swo .to a subscribed before me t is 1 day of November, 2013 A.D.
NANCIE C.MENAPACE A/KJA NANCIE
E.MENAPACE
owner(s) of property situate in LOWER
ALLEN TOWNSHIP, CUMBERLAND Public
County,Pennsylvania,being ry
256 CREEK ROAD, CAMP HILL, PA
17011-7417
Parcel Noss-rest address) COMMONWEALTH OF PENNSYLVANIA
(Acreage or street address)
Improvements thereon: RESIDENTIAL Notarial Seal
DWELLING Holly Lynn Warfel,Notary Public
Judgment Amount:$66,645.18 Washington Twp.,Dauphin County
My Commission Expires Dec.12,2016
MEMBER PENNSYLVANIA A�OCIATION OF NOTARIES
Of THE PRLTNUNoTA `
2#11 DEC I o AM N 47
CUMRERLANO COUNTY
PENNSYLVANIA
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
MICHAEL C.MENAPACE
NANCIE C.MENAPACE No.13-946-CIVIL
A/K/A NANCIE E.MENAPACE
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
n Please mark the above referenced case Settled, Discontinued and Ended.
® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
Please Vacate the Judgment entered.
Date: / �. l // PHELAN HALLINAN,LLP
By:
Jonat Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
PH#808687
001 9Sird
if if
Cell/1E /g
gffact9 Dlo
•
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
. Civil Division
v.
. CUMBERLAND County
MICHAEL C.MENAPACE
NANCIE C.MENAPACE No. 13-946-CIVIL
A/K/A NANCIE E.MENAPACE
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
MICHAEL C. MENAPACE
NANCIE C.MENAPACE
A/K/A NANCIE E.MENAPACE
256 CREEK ROAD
CAMP HILL,PA 17011-7417
Date: /2l q//3 PHELAN HALLINAN, LLP
By:
Jonat Lobb,Esq., Id. No.312174
Attorney for Plaintiff