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HomeMy WebLinkAbout13-1041~,J .; ~~ ~1~3 ~t1i~ i ', ~. s s~ 1~• ~A~ Y { L. r E, ~ ~,.=&ilA !..~~i-~S`i~lr~~ PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 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 CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO„ > 3 -wy~ vs. CATHERINE C. MARINAKIES 1 l6 PENNSHIRE DRIVE LANCASTER, PA 17603-8828 Defendant. ~iVil ~°u1H CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, CATHERINE C. MARINAKIES, is an individual whose la~ `_/ known address is 116 PENNSHIRE DRIVE, LANCASTER, PA 17603-8828. ~ 1~3 ,~ Pp10T1`~ 062-PA- V 3 ~,~~ (o ~i~ 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 October 25, 2007, CATHERINE C. MARINAKIES made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $130,900.00 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 Instrument No. 200741071. 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. 6. CATHERINE C. MARINAKIES is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due April 1, 2009. 8. As of January 31, 2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 128,777.20 Interest 03/01/2009 Through 01/31/2013 $ 30,884.10 Late Charges $ 118.20 Property Inspections $ 485.00 Escrow Deficit $ 13,090.65 Property Preservation $ 2,639.00 TOTAL $ 175,994.15 062-PA-V3 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 anal 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 mortgagor is more than thirty-six months in arrears on the mortgage. 11. The mortgage premises are vacant and abandoned. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 175,994.15 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: 2 ~~ By: Jo~~~G1iL{hael Kolesnik, Esq., Id. No.308877 A /rney for Plaintiff 062-PA-V3 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 ft: 219496 ~/'I • ~ ~ Jf{~ 11 ~ NOTICE: THIS LOAN IS NO~TASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. OCTOBER 25, 2007 [taale] [Ciryl [Scatc] 10 WEST PINE STREET, MT HOLLY SPRINGS, PA 17065 IPrGpetty Addnssl 1. BORRO~'VER'S PROMISE TO PAY 1n return for a loan that I have received, I promise to pay U. S. $ * * * * * 13 0 , 9 0 0.0 0 ~ (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is WELLS FARGO SANK, N.A. I rt~il] make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly raG; of ****6.125 q~, The interest race required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of °his Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every moruh. I will make my monthly payment on the FIRST day of each month beginning on DECEMBER 01, 2007 . 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Noce. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. !f, on NOVEM88R O1, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Matarity Date." [will make my monthly payments atWELLS PARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 or at a different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ * * * *7 9 S . 36 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time; without prenuum or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.1)0, whichever is iess. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an instillment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. MULTISTATE F1XEL) RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1/Ot ~,® 513 t0oo61 Amended 6100 VMP MORTGAGE FORMS • 18001521.7291~//'- Page 1 of 3 INtiala: -G/f IAIIIN 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loatt charges collected or to be collected in cotttteaion with this loan exceed the permitted limits, then: (a) any such loan charge steal l be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to tnafce this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROW'ER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, [will pay a late charge to the Note Holder. The amount of the charge will be 4.000 '~ of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send ~ a, written notice telling me that if I do not pay the overdue amount by a cenain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that l owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to nne or del`vered by other means. tD) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described abc ve, the Note Holder will still have the right to do so if I am in default at a later time. (E} Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay inunediately io full as described above, the Note Holder will have the right to be raid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Thane exFeases include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES iJnless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above ar at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by ftrst clan mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. 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 w pay the full amount owed. Any person who is a guarantor, surety or endarser of this Note is a[s~ obligated to do these things. Auy person who takes over these obligations, including the obligations of a guarantor, surety or Indorser of this Note, is also obligated to keep all of the pronuses made in this Note. The Note Holder may enforce its rights umler this Note against each person individually or against all of us together. This means that any one of us may be required to paJ~ all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Natice of Dishonor. "P~~esentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. * Form 3 ~11/® 50 100091 vapa 2 of 3 ~,~~~~~; 10. ALLONCE TO THIS NOTE If an allonge providing for payment adjustwents or for any other supplemental inforwadon is executed by the Borrower together with this Note, the covenants of the allongt: shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable boil Graduated Payment Allonge ^ Other [Specify] Other [Specify) 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections iven to Note Holder under this Note, a Mortgage, Deed of Trust, or Security Decd (the "Security Instrument„), dated the same date ase this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I Wray be required to make immediate payment in full of all amounts I owe under this Note. Sonic of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs "VA" Authority (38 U.S.C. Chapter 3'n and in effect on the date of loan closing shall govern the nghts~, tlduu~ and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to confornt thereto. WI'['NES$ THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C.Ac' ~R21JE C I IES (Seal) -Borrower - (~~) -Borrower _.. (~) -bOrroWer (Seal) . -Borrower -.. (Seal) -borrower --(Seat) -Borrower (~) -Borrower (Seal) -Borrower !Sign Original Only) ~~® 5d iooos~ Pape 3 or 3 Form 3200 1101 First American Title Insurance Company Commitment Number: 07484 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected, situate in the Borough of Mount Holley Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated October 23, 1969, as follows. BEGINNING at a spike at the intersection of the northern curb line of West Pine Street and the western line of a 20 feet wide public alley; thence along West Pine Street North 85 degrees 45 minutes West 45 feet to a spike at a corner of land now or formerly of Elmer B. Neff, J~.; thence along said land North 1 degree 35 minutes 50 seconds West 11fi.74 feet to a stake in line of land now or formerly of First National Bank of Mt. Hotly Sprfngs; thence along said land South 89 degrees 24 minutes East 45 feet to an iron pin on the western line of the aforesaid 20 feat wide public alley; thence along said alley South 1 degree 30 minutes East 119.60 feet to the point and place of BEGINNING. HAVING thereon erected a one story brick and aluminum siding dwelling house, with a detached twa car garage, known as No. 10 West Pine Street. BEING the same premises which Betty H, Wilson, by deed dated May 15, 2006 and recorded May 1s, 2006 in the Qffice of the Recorder of Deeds in and for Cumberland County in Book 274 Page 3060, granted and conveyed unto Judith t.. Sinniger, the Grantor herein. ALTA Commitment Schcdu~e C ;C7a6a~o7asa;5) 12/05!2012 8:36:38 AM CUMBERLAND CQUNTY Inst.# 200741071 • Page 20 of 21 VERIFICATION r--., Denise Goldston, hereby states that he~he ~'s Vice President Loan Documentation ~~ of WELDS FARGO BANK, N.A., plaintiff in this matter, that h s e 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 heri~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. Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/ 11 /2013 086-PA-V2 File #219496 IN THE COURT OF COMMON WELLS FARGO BANK, N.A. PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS LOGAN L. FOUTS, IN HIS CAPACITY AS DEVISEE OF THE ESTATE OF CHRISTINE L. FOUTS 1 r HANNAH M. FOUTS, IN HER CAPACITY AS DEVISEE OFT 13 -/Dye ~~ VI + `~-r~ HE ESTATE OF CHRISTINE L. FOUTS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, r-.z = ; :_ IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE ~#~ S'IS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. ~%-~ °• Y'-. Respectfully submitted: t-= fir. - - ~ .. '~"' ~ ~ ~ _ _.~, -- Date Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your .Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: 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: State: Zip: Yes ^ No ^ Listing date: Price: $_ Realtor Phone:_ Yes ^ No ^ Home: Cell: Office: Other: State: Zip: How long? Home: Cell: State: Zip: How long? Office: Other: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Date you Closed Your Loan: Type Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default• Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcycles)• Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Year: Year: "l. 3. Additional Income Description (not wages}: I • monthly amount: 2• monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortga e Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Auto fuel/repairs Med. (not covered) Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Sending Money Day/Child Care/Tuit. Other Expenses 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): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED�-Oc-FICE Sheriff ��: THE PROTHONOTARY Jody S Smith 2013 MAR 18 AM g: 6 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor Orr CE OFNES RIrr< PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Catherine C. Marinakies 2013-1041 SHERIFF'S RETURN OF SERVICE 02/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Catherine C. Marinakies, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/05/2013 09:57 AM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Catherine C. Marinakies, personally, at 116 Pennshire Drive, Lancaster, PA 17603. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. 03/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Catherine C.Marinakies, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found"at 10 West Pine Street, Mount Holly Springs Borough, Mount Holly Springs, PA 17065. Residence is vacant, per the Carlisle Postmaster the defendant has moved and left no forwarding address. 03/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Catherine C. Marinakies, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as „Not Found"at 199 Old State Road, Dickinson Township,Gardners, PA 17324. Deputies were advised by the current residents, the Conleys,that they have lived at this address for 6 years and have never heard of the defendant. The Carlisle Postmaster confirms that the defendant moved and left no forwarding address. SHERIFF COST: $74.00 SO ANSWERS, March 08, 2013 RbNW R ANDERSON,SHERIFF ic)CountySui±e Sheriff.Teleosoff Inc, - SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Brad Harris Sheriff Solicitor Marc Lancaster Charles Hamilton Chief Deputy Lieutenant WELLS FARGO Case Number VS. CATHERINE C MARINAKIES 13-1041 SHERIFF'S RETURN OF SERVICE 03/05/2013 09:57 AM-SERVED THE COMPLAINT&NOTICE BY PERSONAL SERVICE UPON CATHERINE C MARINAKIES AT 116 PENNSHIRE DRIVE, LANCASTER, PA 17603. SO ANSWERS: DEPUTY MELISSA HEIM, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. MELISSA HEIM,'DEPUTY SHERIFF COST: $41.59 SO ANSWERS, V. : - March 05,2013 MARK S. REESE, SHERIFF DATE CATEGORY MEMO CHK ilt DEBIT CREDIT 03/01/2013 Advance Fee Advance Fee 001279318 $0.00 $150.00 03/01/2013 Receiving,Docketing&Return $9.00 $0.00 03/01/2013 Service $9.00 $0.00 03/01/2013 Affidavit $2.50 $0.00 03/01/2013 Deputy Time $10.00 $0.00 03/01/2013 Copies $6.00 $0.00 03/05/2013 Service Mileage $5.09 $0.00 03/05/2013 Refund $108.41 $0.00 $950.00 $950.00 BALANCE: 1 $50 Pt ' Bey:P'N 0, �1 11F; +B1.T Jarhn ww# Suit e i UC1; P oe .i 99;103 ir)CountySuite Sheriff,TeleosoR,Inc. 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 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS CATHERINE C. MARINAKIES : CIVIL DIVISION . No. 2013-1041 = M�J'-N s� cfl r 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 CATHERINE C. MARINAKIES, 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 $175,994.15 TOTAL $175,994.15 I hereby certify that (1) the Defendant's last known addresses are 116 PENNSHIRE DR, LANCASTER, PA 17603-8828 and 10 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1317, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date (724///N7 �. 4d Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. a �1D51 1 DATE: �j4"°' •.' '"�� PHS#219496 PROTHONOTARY (O \4.q)p4 219496 UAL-1) ‘Alf\LW g aq aa$o 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 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CATHERINE C. MARINAKIES : No. 2013-1041 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 CATHERINE C. MARINAKIES is over 18 years of age and has last known addresses at 116 PENNSHIRE DR, LANCASTER, PA 17603-8828 and 10 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1317. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Q ! Z q/ /3 ,9�is•�� 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 219496 Results as of:Jun-24-2013 12:05:29 Department of Defense Manpower Data Center SCRA 3.0 '4;:(4411,.- Status Report Pursuant to Servicernernbers Civil Relief Act Last Name: MARINAKIES First Name: CATHERINE Middle Name: C Active Duty Status As Of: Jun-24-2013 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. Yh.. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS CATHERINE C. MARINAKIES : CIVIL DIVISION : No. 2013-1041 Notice is given that a Judgment in the above captioned matter has been entered against you on L IDS'(3. ":\ By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 219496 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. CATHERINE C.MARINAKIES NO. 2013-1041 Defendant(s) CUMBERLAND COUNTY TO: CATHERINE C.MARINAKIES 116 PENNSHIRE DR LANCASTER,PA!�17603-8 8288 47 DATE OF NOTICE: J' P 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:_ „ r 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 PHS#219496 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. CATHERINE C.MARINAKIES NO. 2013-1041 Defendant(s) CUMBERLAND COUNTY TO: CATHERINE C.MARINAKIES 10 WEST PINE STREET MOUNT HOLLY SPRINGS,PA 17065-1317 DATE OF NOTICE: it/107/67 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: �_' � 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 PHS#219496 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.: 2013-1041 • CATHERINE C.MARINAKIES • Defendant(s) • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $175,994.15 Interest from 06/26/2013 to Date of Sale $4,686.66 ($28.93 per diem) TOTAL $180,680.81 a.efrer,(4.11 Ace Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. 6") � PHS#219496 03\A s),,SD thi , cn r-e' . )Stie- , 4: SO C /?01 3a2 14 a aagi (A)r,41' or LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected,situate in the Borough of Mount Holly Springs, Cumberland County,Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Thomas A.Neff,Registered Surveyor,dated October 23, 1969,as follows. BEGINNING at a spike at the intersection of the northern curb line of West Pine Street and the western line of a 20 feet wide public alley; thence along West Pine Street North 85 degrees 45 minutes West 45 feet to a spike at a corner of land now or formerly of Elmer B.Neff,Jr.; thence along said land North 1 degree 35 minutes 50 seconds West 116.74 feet to a stake in line of land now or formerly of First National Bank of Mt. Holly Springs;thence along said land South 89 degrees 24 minutes East 45 feet to an iron pin on the western line of the aforesaid 20 feet wide public alley;thence along said alley South 1 degree 30 minutes East 119.60 feet to the point and place of BEGINNING. HAVING thereon erected a one story brick and aluminum siding dwelling house. TITLE TO SAID PREMISES IS VESTED IN Catherine C. Marinakies, single individual, by Deed from Judith L. Sinniger, single individual, dated 10/25/2007, recorded 10/29/2007 in Instrument Number 200741070. PREMISES BEING: 10 WEST PINE STREET,MOUNT HOLLY SPRINGS,PA 17065-1317 PARCEL NO.23-32-2336-225 • PHELAN HALLINAN, LLP L , i Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034.'i- ; 1tE_ F RO I 11UP13�f"'' 1617 JFK Boulevard, Suite 1400 3 One Penn Center Plaza z31j Philadelphia, PA 19103 1BELND COUNT``, 215-563-7000 'U PENNSYRALVANIA WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 2013-1041 CATHERINE C. MARINAKIES Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By Phelan Hallinan,LLP Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff 4 E 3.i .,i i l l L, WELLS FARGO BANK,N.A. 1111 PRO I- I O N O T A: : COURT OF COMMON PLEAS Plaintiff 2013 JUN 25 AN IO: 3 1 CIVIL DIVISION v. CUMBERLAND COUNTY : NO.: 2013-1041 CATHERINE C. MARINAKIES PENNSYLVANIA Defendant(s) • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 WEST PINE STREET, MOUNT HOLLY SPRINGS,PA 17065-1317. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CATHERINE C.MARINAKIES 116 PENNSHIRE DR, LANCASTER,PA 17603-8828 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CATHERINE C.MARINAKIES 116 PENNSHIRE DR LANCASTER,PA 17603-8828 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PHS # 219496 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may i be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 10 WEST PINE STREET MOUNT HOLLY SPRINGS,PA 17065-1317 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION 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 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 6/2 9/)q By: Ottile114#7 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 PHS #219496 O. r I WELLS FARGO BANK, N.A. , ;.: ;t 1 11° ° 1r\ : COURT OF COMMON PLEAS .31, ' 223 A;R� IQ: 2 Plaintiff : CIVIL DIVISION• vs. a;;1_j IEaE;4 Y .�A A � NO.: 2013-1041 CATHERINE C. MARINAKIES Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CATHERINE C. MARINAKIES 116 PENNSHIRE DR LANCASTER, PA 17603-8828 **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 10 WEST PINE STREET,MOUNT HOLLY SPRINGS,PA 17065-1317 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$175,994.15 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. Your 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 t y SHORT DESCRIPTION By virtue of a Writ of Execution No. 2013-1041 WELLS FARGO BANK, N.A. v. CATHERINE C. MARINAKIES owner(s) of property situate in MOUNTT HOLLY SPRINGS BOROUGH, CUMBERLAND County, Pennsylvania, being 10 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1317 Parcel No. 23-32-2336-225 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $175,994.15 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected, situate in the Borough of Mount Holly Springs,Cumberland County,Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Thomas A.Neff,Registered Surveyor,dated October 23, 1969,as follows. BEGINNING at a spike at the intersection of the northern curb line of West Pine Street and the western line of a 20 feet wide public alley;thence along West Pine Street North 85 degrees 45 minutes West 45 feet to a spike at a corner of land now or formerly of Elmer B.Neff,Jr.;thence along said land North 1 degree 35 minutes 50 seconds West 116.74 feet to a stake in line of land now or formerly of First National Bank of Mt. Holly Springs;thence along said land South 89 degrees 24 minutes East 45 feet to an iron pin on the western line of the aforesaid 20 feet wide public alley;thence along said alley South 1 degree 30 minutes East 119.60 feet to the point and place of BEGINNING. HAVING thereon erected a one story brick and aluminum siding dwelling house. TITLE TO SAID PREMISES IS VESTED IN Catherine C. Marinakies, single individual, by Deed from Judith L. Sinniger, single individual, dated 10/25/2007, recorded 10/29/2007 in Instrument Number 200741070. PREMISES BEING: 10 WEST PINE STREET,MOUNT HOLLY SPRINGS,PA 17065-1317 PARCEL NO.23-32-2336-225 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1041 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 CATHERINE C.MARINAKIES (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: $175,994.15 L.L.: 5.50 Interest FROM 6/26/13 TO DATE OF SALE($28.93 PER DIEM)-$4,686.66 Atty's Comm: Due Prothy: $2.25 Atty Paid: $222.75 Other Costs: Plaintiff Paid: Date: 6/25/13 — ��AF David D. Buell, ' • onotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN, LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#219496 DEFENDANT SERVICE TEAM/lxh CATHERINE C.MARINAKIES COURT NO.:2013-1041 SERVE CATHERINE C.MARINAKIES AT: TYPE OF ACTION t3 t 116 PENNSHIRE DR XX Notice of Sheriff's Sale LANCASTER,PA 17603-8828 SALE DATE: December 4,2013 t-- ty t SERVED ��� Served and made known to CATHERINE C.MARINAKIES,Defendant on the�day of ul 8' ,a '" � Ua1..,o'clock—.M.,at 116 in the manner described below: G 17-1 N,^efendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. _Other: Description: Agee Heigh d r—r Weigh?— 2D_,Race Sex F Other I,air "ar- ,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: 1A 3 NAME: ��}} PRINTED NAME:_C G</J-LG�SLcf TITLE: PIS Co hit 0"9%411 NOT SERVED On the day f 20_,at o'clock_.M.,I, a competent adult hereby state that DefendYant N— —�ecause: _Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 .L.W tJLv lit+:.. F RJ {'IO O TAR ( Phelan Hallinan, LLP n. p^ 33 '�• "r Jonathan M. Etkowicz, Esq., Id. No.208786 � ��A NE OR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C U'•1 ERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff Civil Division • v. CUMBERLAND County • CATHERINE C. MARINAKIES • No.: 2013-1041 • Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 25, 2013. 2. Judgment was entered on June 25, 2013 in the amount of$175,994.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 713339 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $128,777.20 Interest Through October 4, 2013 $36,216.33 Late Charges $118.20 Legal fees $1,925.00 Cost of Suit and Title $2,768.31 Property Inspections $505.00 Property Preservation $2,664.00 Escrow to be paid $1,952.00 Escrow Deficit $15,260.63 TOTAL $190,186.67 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 08/16/2013 SCHOOL TAX $1,617.07 04/15/2013 CITY TAX $552.91 11/05/2012 HAZARD INSURANCE $1,952.00 08/27/2012 SCHOOL TAX $1,586.92 4/6/2012 CITY TAX $469.26 01/20/2012 HAZARD INSURANCE $2,132.00 01/06/2012 HAZARD INSURANCE $2,100.00 08/10/2011 SCHOOL TAX $1,572.81 04/20/2011 CITY TAX $469.26 10/12/2010 PAYMENT ($627.38) 10/12/2010 PAYMENT ($42.67) 09/29/2010 HAZARD INSURANCE $627.38 09/06/2010 SCHOOL TAX $1,410.46 04/20/2010 CITY TAX $432.27 09/29/2009 HAZARD INSURANCE $501.90 08/19/2009 SCHOOL TAX $506.44 TOTAL $15,260.63 713339 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP i Ovfq DATE: 1,0 /L(13 By: �� Jon."M. E ko- wicz, Esquire AT •RNEY FOR PLAINTIFF 713339 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • CATHERINE C. MARINAKIES • No.: 2013-1041 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CATHERINE C. MARINAKIES executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 10 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1317. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 713339 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 713339 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 713339 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 713339 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 713339 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 713339 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 713339 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 10/2 /3 By: Jonat' . Etkowicz, Esquire Attorney for Plaintiff 713339 • • Exhibit "A" 713339 • 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 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY c: vs. : COURT OF COMMON PLEA © �' CATHERINE C.MA CIVIL DIVISION zm i ,I E, �'�� file Copy Please Retij N v °a No.2013-1041 � -n < - 32' cp-n Z Z `2 W PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO o ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CATHERINE C. MARINAKIES,Defendant(s)fatiiineyThemitiogiswer to Plaintiff's Complaint within 20 days from service thereof and for`f of the mortgaged premises,and assess Plaintiff's damages as follows: ti wm As set forth in Complaint $175,994.15 TOTAL $175,994.15 I hereby certify that(1)the Defendant's last known addresses are 116 PENNSHIRE DR, LANCASTER, PA 17603-8828 and 10 WEST PINE STREET,MOUNT HOLLY SPRINGS, PA 17065-1317, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date c/21///3 ��c.exQw -iy/f G�i''ti' Altemy j • Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff. • DAMAGES ARE REBY ASSESSED AS INDICATED. "7/) °IP 0 DATE: PHS#219496 PROTHONOTARY 219496 Exhibit "B" 713339 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23`d,2013 CATHERINE C. MARINAKIES 116 PENNSHIRE DR LANCASTER,PA 17603-8828 RE: WELLS FARGO BANK,N.A. v. CATHERINE C. MARINAKIES Premises Address: 10 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP,No. 2013-1041 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V y ily offs, IMF on .tin . Etkowicz,Esq., Id.No.208786 Att• ley for Plaintiff Enclosure 713339 • • 10 VO en Name and Phelan Hallinan,LLP CO,°„ Address all. 1617 JFK Boulevard,Suite 1400 .ii �N Of Sender One Penn Center Plaza 111 Q Philadelphia,PA 19103 KVM G7°+i Line Article Number Name of Addressee,Street,sad Post Office Address Postage I '**' CATHERINE C.MARINAKIES $0.45 o 116 PENNSHIRE DR LANCASTER,PA 17603-SR28 ri �4, ao 2 **** CATHERINE C.MARINAKIES $0.45 Ng0 10 WEST PINE STREET "Y MOUNT HOLLY SPRINGS,PA 17,65-1317 �j,� � 1, 3 *••* CATHERINE C.MARINAKIES $0.45 y.«, 4 .e' 199 OLD STATE ROAD . 4,1 GARDNERS,PA 17324 s.`44: .• . RE:CATHERINE C.MARINAKIEe(CUMBERLAND) PH#71333911200 Page 1 of 1 5135 Total Number or Teal Nuabcr Oft= y[Pwemastee.Pot(Name of ' The full dahearoa of value is ieguted an all bomeitic and Rua moo.]tegisaad rail rac t'iccss Lined by:Sender Peceiver"at Pmt Oake &Rc[Nriag Emyloyaci for the mamgns iiun of Mxmegotiebk&comema under Entams Mail document tecumnixr K piece subject to a has of 5500,000 per°mummce.Tbe mae:mum ra inn,wy 1+51yabte on Fvp,,,...—.-..,,,,, 1 The moomam indemnity payable is S15,000 for aymrc:ol maa,srm v,air opium"imurassec,.pa As itt`'`,� R900 5911 and 5921 for bm;utiwas of coverage. 4'�C' , . ' Form 3877 Facsimile - i, 71333' , ;l Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • CATHERINE C. MARINAKIES • No.: 2013-1041 • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. CATHERINE C. MARINAKIES CATHERINE C. MARINAKIES 116 PENNSHIRE DR 10 WEST PINE STREET LANCASTER, PA 17603-8828 MOUNT HOLLY SPRINGS, PA 17065-1317 CATHERINE C. MARINAKIES 199 OLD STATE ROAD GARDNERS, PA 17324 Phelan Hallinan, LLP DATE: 0/2//3 By: 1 'a" atv% Jo has . Etkowicz, Esquire A •RNEY FOR PLAINTIFF 713339 WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • CATHERINE C. MARINAKIES DEFENDANT : NO. 13-1041 CIVIL ORDER OF COURT AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \\N1C-\ M. L. Ebert, Jr., J. Jonathan M. Etkowicz, Esquire Attorney for Plaintiff , ■6atherine C. Marinakies `=- Y Defendat c. =r�1 C7 bass co c:} C4ep 171-4114., »e-"L":"; 108 !3 57, 1v • _( i ? TEiO yl)TA;. 2013 OCT 17 AM 10: 38 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • vs. : Civil Division • CATHERINE C. MARINAKIES • CUMBERLAND County Defendant • No.: 2013-1041 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CATHERINE C. MARINAKIES CATHERINE C. MARINAKIES 116 PENNSHIRE DR 10 WEST PINE STREET LANCASTER, PA 17603-8828 MOUNT HOLLY SPRINGS, PA 17065-1317 CATHERINE C. MARINAKIES 199 OLD STATE ROAD GARDNERS, PA 17324 r^ Phel:n Halli � j■i■P / DATE: tei Y�I/3 By: Jo r,ath. 'e . Etkowicz, Esq., Id.No.208786 A - ey for Plaintiff 713339 0' J • Attorney for Plai f V 7� {: lF� ', C PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id. No.308877 }, �v�(ti,r°�1 \'°'''' 1617 JFK Boulevard, Suite 1400 �A f} 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 CATHERINE C.MARINAKIES . Defendant(s) No.: 2013-1041 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached her: r hibit"A". Joh ic ael Kolesnik,Esq.,Id.No.308877 i//s e At .rney for Plaintiff Date: ! IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#713339 • and Phelan tiallinatt,LLl' ss y 1617 JEW Boulevard, Ider • One Penn Center Plza Suite t40Q I. Fhiladel PA 19143 AZK/CET-12/0412013 SALE MEArticle Number •Nettie of Addresss S -- and Past Once Address 10 WEST PINE STREET Po_' e MOUNT FOLLY SPRINGS PA 17065-1317 $0.45 COMMONWEALTH OF PENNSYLVANIA, tY BUREAU OF INN " El DIVISION IVIDIIALTAX,INHER1TA110ETAX �d j+4 0'l'H FLOOR, 1"KAWHLItlIY 50.15 BARRI$BUR PA 17126 "Dl;l'C 2. 1 1 '4•o DEPARTMENT OF PUBLIC WELF TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM1i $0 d5 'ill d .P.O.BOX 8466 [ �t. WILLOW OAK BUILDLYG ' EN11Al2RICBtJ$C PA 17105 I Domestie.ltelatiuno of Cumberland County ,�.»; 13 North Ilananer Street S4.lS g Car• PA 17013 • r{ ' r inCommonwealth of Penns!tvanla 3 attean :1-:.1 P t of welfare 50.45 1 .S, P.O.Bar2675 4�' •Borrkb PA 17105 , '-`+ NE Internal Revenue.Service Advisor •1000 Liberty Avenue Room 704 Pinsbu ;t PA 13323 '4 ' r \ iii U.S.Department of Justice ` U.S.Attorney for the Middle Dl,lrlet of PA i""���� ry,y _Federal Building 1Qdt$ 228 Violent Street,Suite 220 •PO Box 2175. � WHarrispT. 32LVE !}8.1754 -°. 7� (Cl L r A$4irc t of I i Writ , cb.or • 1o,.1 t�P,bw of Neese +.P .• *Why.Se!,L!r .ancek,�+ar Rwrix.c..c <r(Nnmot nsta,u daleiat���vf,nlacu,e„ued rm•I;dba.cu;c m,7 nice.-newat,..•erg Fmn1yN) ;x the itct+..,n,.a nl alc it ,Ab , w7.Mc cinvm"inch "i S,ri arDjMidelen.er 5500. hnr,+�nn,..4,E tr,-c#�lh•'.,,new recnneinwien in<nm<it;.' k Oemu�mi pp,ncel,ence,The meifnwrn,xctmR ro &Fr.Melt,rtechandi 1'3877�'.aC>l�Il oe /*tunny MY+bk is S25,000 ear,eg+vend mail..Kictv.th epi.p yi immure semonsetdeMa:lam r ... 0.f009fi3aa15l.1(o,ri.jy � — a11fYl • i 0 TH COY ,, 3ERL NO C0t1NT PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County CATHERINE C. MARINAKIES • • No.: 2013-1041 Defendant • MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 3, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 713339 '. 3. A Rule was issued on October 8, 2013 directing the Defendant to show cause by October 29, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 16, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phel. • al 'n. i. _ P 1 / DATE: 11 /� By: Jena '.n M. tkowicz, Esq., Id.No.208786 orney for Plaintiff 713339 Exhibit "A" 713339 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LI,P Representing Lenders in Pennsylvania September 23`d,2013 CATHERINE C. MARINAKIES 116 PENNSHIRE DR LANCASTER,PA 17603-8828 RE: WELLS FARGO BANK,N.A.v.CATHERINE C. MARINAKIES Premises Address: 10 WEST PINE STREET MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 2013-1041 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ,. ly urs, i' r ona an . •tkowic Esq.,Id.No.208786 Att• ey for Plaintiff Enclosure 713339 Exhibit "B" 713339 WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF ; CUMBERLAND COUNTY, PENNSYLVANIA V. CATHERINE C. MARINAKIES DEFENDANT : NO. 13-1041 CIVIL ORDER OF COURT AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \\I‘NAs., M. L. Ebert, Jr., J, Jonathan M. Etkowicz, Esquire Attorney for Plaintiff Catherine C. Marinakies Defendat 7 i�� bas am 1\) if r 1l tHOi��Jr,i 2013 OCT 17 AM 10: 33 CUM ENNSYLUVAN r P A Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza iitetneV rde CO Philadelphia,PA 19103 notorti jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff vs. • Civil Division \A*sCut'. CATHERINE C. MARINAKIES CUMBERLAND 41 ty Defendant No.: 2013-1041 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CATHERINE C. MARINAKIES CATHERINE C.MARINAKIES 116 PENNSHIRE DR 10 WEST PINE STREET LANCASTER,PA 17603-8828 MOUNT HOLLY SPRINGS,PA 17065-1317 CATHERINE C. MARINAKIES 199 OLD STATE ROAD GARDNERS,PA 17324 itt DATE: [ (0/'13 By: .w+ Jo,atha ' .Etkowicz Esq.,Id.No.208786 A : "y for Plaintiff 713339 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • CATHERINE C. MARINAKIES • No.: 2013-1041 • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CATHERINE C. MARINAKIES CATHERINE C. MARINAKIES 116 PENNSHIRE DR 10 WEST PINE STREET LANCASTER, PA 17603-8828 MOUNT HOLLY SPRINGS, PA 17065-1317 CATHERINE C. MARINAKIES 199 OLD STATE ROAD GARDNERS,PA 17324 Phelan . .llina 41 P DATE: 3 By: 111111 J Jon. han . Et owicz, Esq., Id.No.208786 Atto '- for Plaintiff 713339 F!L E"D- "F THE X 13 NOV 13 FM 4: CUMBERLAND CCU# PENNSYLVAIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County CATHERINE C. MARINAKIES �r. No.: 2013-1041 Defendant ORDER rb AND NOW, this 1 day of ?J 4 V , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $128,777.20 Interest Through October 4, 2013 $36,216.33 Late Charges $118.20 Legal fees $1,925.00 Cost of Suit and Title $2,768.31 Property Inspections $505.00 Property Preservation $2,664.00 Escrow to be paid prior to December 4, 2013 $1,952.00 Escrow Deficit $15,260.63 TOTAL $190,186.67 713339 l Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. C6"J i iLv mal-LL &4 4 - 6-41-owsL7, C . fbaj;jcllk►�c i11iV1i3 713339 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PAOTHCti~TAWv 23!6NAR 27 PM 3: 00 r vUI-4~,=11[/^@D COUNTY 11 Citailiett OFF ICE OF THE SHERIFF Wells Fargo Bank N.A. vs. Catherine C. Marinakies Case Number SHERIFF'S RETURN OF SERVICE 08/25/2013 03:11 PM - Deputy Dennis Fry, 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 10 West Pine Street, Mount Holly Springs - Borough, Mount Holly Springs, PA 17065, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $78837 SO ANSWERS, February 19, 2014 RDNNYR ANDERSON, SHERIFF woourwwm Sheriff, releosoft,/� pd- `/ o' ,"�. v�._ _ �^� • _~ ��) _p^^ of/ 3 0-36�0 On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 10 West Pine Street, Mount Holly Springs, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: ftef Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-1041 Civil Term WELLS FARGO BANK, N.A. vs. CATHERINE C. MARINAKIES Atty.: Joseph Schalk By virtue of a Writ of Execution No. 2013-1041, WELLS FARGO BANK, N.A. v. CATHERINE C. MARI- NAKIES owner(s) of property situate in MOUNT T HOLLY SPRINGS BOR- OUGH, CUMBERLAND County, Pennsylvania, being 10 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1317. Parcel No. 23-32-2336-225. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $175,994.15. 81 A/ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 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' 0TechnoKogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe atriot Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) us 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 Pennsyhonia, with its principal office and place of business at 2020 Technology Pkwy, Suite 300. in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-1041 WELLS FARGO BANK, NA vs. CATHERINE C. MARINAKIES Atty` Joseph Schalk By virtue of a Wnl of Execution No. 2013' mw WEUS FARGO BANK, NA. v. CATHERINE C. MARINAKIES owner(s) of properly situate in MOUNTI' HOLLY SPRINGS BOROUGH, ' CUMBERLAND County, Pennsylvania, being lOWEST PINE STREE1 MOUNT HOLLY ^opmmno.n^\7065'on Parcel No. o��2336-2o street address) Improvements thereon: RESIDENTIAL DWELLING S175,99415 Judgment Amount: This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn o and subscribed before e this 11 day of November, 2013 A.D. ary Public OOMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warrel, Notary Public WashingtomT1,vp„ Dauphin County My Commission Expires Dec. 12, 2016 M mB PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank, N.A. is the grantee the same having been sold to said grantee on the 4 h day of December A.D., 2013. under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1041, at the suit of Wells Fargo Bank, N.A. against Catherine C. Marinakies is duly recorded as Instrument Number 201406192. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018