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HomeMy WebLinkAbout13-1042NOTICE 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. YOt1 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 #: 310198 j' t ! ~L f I.~.e . ~~ 't9uJl~ii~ 'i ., ; s. . =v gar , >=~~1_;~'1tJ G~ll~iY e=~_~15YL'~`~~l~+ PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: 13 - /Uy~ Civ~ ~ T~erw vs. WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS 102 BELLOWS CT LEWISBERRY, PA 17339-9646 LOGAN L. FOUTS, in his capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 HANNAH M. FOUTS, in her capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 Defendants. ACTION - COMPLAINT IN MO 062-PA-V3 $) 03.75 PD Amt ~~ 1a?'q 39'3 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, WENDY J. POLITO, is an individual whose last known address is 102 BELLOWS CT, LEWISBERRY, PA 17339-9646. 3. The Defendants, LOGAN L. FOUTS and HANNAH M. FOUTS, are individuals whose last known address are 84 HILLSIDE RD, MECHANICSBURG, PA 17050-1710. 4. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about March 30, 2011, CHRISTINE L. FOUTS made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $211,200.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201110290. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. Mortgagor CHRISTINE L. FOUTS died on April 17, 2012, leaving a Will dated September 1 S, 2011. Letters Testamentary were granted to WENDY J. POLITO on July 10, 2012 in Cumberland County, No. 21-12-0467. Decedent's surviving devisees are LOGAN L. FOUTS and HANNAH M. FOUTS. 062-PA-V3 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due May 1, 2012. 9. As of 02/05/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 208,349.64 Interest $ 8,795.36 from 04/01/2012 through 02/05/2013 Late Charges $ 226.76 Property Inspections $ 75.00 Escrow Deficit $ 1,374.02 TOTAL $ 218,820.78 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. 10. 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). 11. Plaintiff does not hold the named Defendants, WENDY J. POLITO, LOGAN L. FOUTS and HANNAH M. FOUTS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. §301(b). 062-PA-V3 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 $218,820.78, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: ~ ~~ /, By: All n n, Esq., Id. No.309519 Attorney for Plaintiff 062-PA-V3 Exhibit "A" NOTE MARCH 30. 2011 ALLLNTOWN 1 Datel [~ltrl P8NN15YLVANIA [Slate] 5201 DBERFILLD AVE, 14ECIiANICSHUR{;4, PA 17050 [Prt~perty Address[ 1. SORitOWER'S PROMISE TO PAY In returufor a loan that I have received, I promise to pay U.S. S * ****211, 200.00 (this amount is called "Pritcipal"), plus interest, to the vrder of the Lender. Tile Lender isWELL3 FARt:O HANK. N.A. I will make all payments under this Nate itt the form ofcash, check or money order. [ understandthat the Lender may transfer this Note. Thu Lender or anyone wha takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST [nterestwill he charged on unpaidprincipatuutil the full amount of Prutcipalhasbeenpaid. I will pay interestat a yearly rate of5.000 %. The interest rate requiredby this Section2 is the rata I will pay bothbefareandafterany defaultdescribedin Section6(B) of this Note, 3. PAYI4IENTS (A) Time anti Place of Payments I wiU pay principal and interest by nwking a paynteut every month. 1 will make my monthly paymenton the 1sT day of each month beginning vlx7QNE, 2011 . I will make these payntetltsevery mouth until i have paid all of the principal and interestand atzy vthereharges describedbelow that I may vwr under this Note. Each manthly payment will he applied as of its scheduled due date and will be applied to interest before Principal. If, on MAY 1, 2041 , [still owe amounts under this Note, I wilt pay those amvuuts in full on that date, which is called the "Maturity Date:' 1 wilt ittaketny mvnthly paymeutsatWSLL5 FARGQ HANK, H.A. P.O. H4X 11701, NEWARK. NJ 07101-4701 or at a different place if required by the Nate Holder.~_ (B) Atnottat of MoBtltly payments My monthly payment will be in the amountof U.S. $ **'****1,133.77 , 4. BORROWER'S RICHT TO PREPAY [ have the right to make paymentsof Principal at any time before they are due. A payment of Principalonly is latown as a "Prepayment ° When I make a Prepayntettt, I will tell the Nvte Holder in writing that I am doing so. I may not designate a payment as a Prepayment if 1 have nat made all the monthly payments due under the Note. I may make a foil Prepaymtntor partial Prepaymentswithout paying a Prepaynu:ntcharge. The Note Halderwill use my Prepayments to reduce the amount of Principal that 1 owe under thiv+ Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid uterest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless tha Note Hoiden agrees in writing to those changes. o las . uwnY le rv Cee ~ RnT~ NCT': -Singe family - Fannie MeaiFreddia Mee UNIFORM INSTRUMENT VMR d NMFI 3200 iCNOTI Rev 312009 ~~ Eorm32001l01 VMP6N (0603).00 lnitieis: Pape 1 e} 3 5. LOAN CHARGES If a law, which appliesto this loanaud which sets maximum loan charges, is (malty interpretedsa that the interestor other loan charh~escollCCtedor to be collectedin connectianwith this loan exceed the permittedtimits, then: (a) any such loan charge shall be reducedby the amaunt necessary to reducetl>,e Charge to the prrmittedlimit; and (b) any sums alreadycoUected from me which exceededpermittedlimits wdl be refundedto me. The Note Holdermay choose to make this refund by reducing the Prvtcipa) I owe underiltis Note or by making a direct paytt;~nt to me. 1fa refund reducesPrincipal, the reductionwill be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payarneats If tltr Note Holderhas not received the full amount of ally monthly payment by the end of 15 calendar days after the date it is due, l will pay a late charge to the Note Noldrr. The amount of the charge will b6. t)00 40 of my overdue payment of principal and interest. I will pay this Tale charge promptly but only once on each late payment. (B) Default if 1 Jo not pay the full amouutof each monthly paytnenton the date it is due, I wilt be in default. (C} Notice of Default If l am in default, the Note Holdermay send me a written notice telling me that if i do not pay the overdue amount by a cnrtaitt date, the Note Haldrrmay require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Nate Holder Evert if, at a tithe when I ant itt default, the Nate Holder does vat require me to pay itnmediauly in full as described above, the Note Holder wilt still have the right to do so if 1 am in de Fault at a later time. (E} Payment of h`ote Holder's Casts and Expenses If the Note Holderhas requvedme to pay immediatety in full as describedabove, the Note Holderwill have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibitedby applicable Ww. Those expenses include, for example, reasonable attorneys' fees. 7, GlvuvG OF NOTICES Unless applicable law reyuiresa ditl'rrent method, any notice that must he given to me under this Note will be given by delivering it or by nailing it by first class atoll to me at the PropertyAddressabowr or at a differentaddressif I give the Note Haider a notice of my different address. Any Notice that must be given to the Noce Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Halderat the addressstated in Section 3(A}above or at a differetttaddressif I am given a notice of that different address. 8. OBLIGAT[ONti 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 promisesmade in this Note, ittcludutg the promise to pay the full amount owed. Any person who is a guarantor, surrry or endorserof this Note is also obligated to da these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorserof this Nate, is also obligated to keep all of the promises made in this Note. The Nate Holder may enforce its rights under this Nate against each person individually or against all of us together. This tneansthat any oar of us may tx requiredto pay all of the amounts owed under this Note. 9. WAIVER.ti I and any other person who has obligatiutts under this Note waive tl-e rights of Presetttmentand Notice of Aishonar. "Presrntnarnt" means the right to require the Note Holderto dentandpayment of amountsdue. "Notice of Dishonor" means the riblit to reyuirt; the Note Holder to give Holier: to other persona that amounts due have not been paid. Famie MeefFietldie Mec UMFORM iNSTRUMEtfT Ferro 3200 1Nt yrylP ~ ~ YMPSH {08031.oQ Woken Kluwer iinrreiel Servrcee Ir,ii s: ~ Pepe 2 of 3 10. UNIFORM SECURED NOTE This Note is a uniform ittstrumentwith limited variations iu some jurisdictions. In addition to the protectionsgivtn to the Note Hotderundtr tltic Note, a Mortgage, Deedof Trust, or Security Deed (the "Security tnstrument"), datedthe same date as this Note, protectsthe Note Holderfrant possihle {osses which Wright result if t do not keep the promiseswhich I make nt this Note. That Security Instruntetttdeseribeshowand underwltat conditions I may bC requiredto make immediate payment ut full ufall amounts [ awC under this Note. Satre of those conditions are described as fcrtk>'ws: [fall or any part of the Propertyor any Interest iu the Property is svld or transferred(or if Borrower is not a nxturat person acid x beue 6c tat aue rest in $orrowCr is sold or trattsfCrred)without LCnder's prior written consent, LCndGr may require immediate payment m furl of art sums secured by this Security instrument. However, q;!is option shall not be exercised by Lender if such exCrcise iK prohibited by Applicable t,aw. [f [,ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a perK~d of not less titan 3t) days from toe date the stotice is given in accordancewith Section 15 within which Borrower must pay all sums securedby this Security Instrument. tf Borrowerfails to pay these sums prior to the expiration of this ptriod, Lender may awoke any rrtnedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HANDS} AND SEAL(S) GF THE UNDERSIGNED. ~ - (Seal} (:FrR=STINE L FOU1'S -Borrower -($rxl) -Horfoaror (Seal) -Borrower - (Seal) •Borroaer . (Seal) •Borrower - (Seal) •BOTLOwCr _..(SCaI) -tkrrrower (SCaI) -Borrower (SrgJt UltgulQlOnlyj OTE - Sinpb Femily -Fermis MaslFredma Mec UNIFORM INSTRUMENT Form 3200 1101 VMP ® VMPBN 108031.00 Wohars Kluwer Fironciel 9sr~ess =epo 3 of 3 WkTHOUT RECOURSE PAY TO THE OROER QF WELLS F BANK, N.A. 8Y SA~NJEt C. StIEIIEY, SE#IIOR~I 'E PRE8IDENT f 0(114 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a point in the easterly line of Deerfield Avenue, said point being North 1 degrees 50 minutes West, a distance of 102.01 feet from the intersection of the easterly line of Deerfield Avenue with the northerly line of Skyport Road; thence along the easterly line of Deerfield Avenue, North 1 degree 50 minutes West, a distance of 90.00 feet to a point; thence along Lot No. 4 Block A, North 88 degrees 10 minutes East, a distance of 219.84 feet to a point in line of land now or formerly of William C. Miller; thence along land now or formerly of William C. Miller, South 1 degree 50 minutes East, a distance of 90.00 feet to a point; thence along Lots No. 1 and Lot No. 2 Block A, South 88 degrees 10 minutes West, a distance of 219.84 feet to the point and place of BEGINNING. CONTAINING 0.454 of an acre, more or less. HAVING THEREON ERECTED a 2-story brick and frame dwelling house with attached 2-car gazage. BEING Lot No. 3 of Block A on Plan of Good Hope Fazms, which plan was recorded March 30, 1965 in Plan Book 16, Page 32 in the Office of the Recorder of Deed for Cumberland County (Plan No. 1). File #: 310198 UNDER AND SUBJECT to restrictions, easements and conditions of prior record pertaining to the said premises. TAX PIN: 10-19-1602-008 PROPERTY ADDRESS: 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050- 6823 PARCEL # 10-19-1602-008. File #: 310198 VERIFICATION Daniel Bullard, hereby states th the/ e is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, th t he/s a 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 f his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Daniel Bullard Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/09,/2013 086-PA-V2 File # 310]98 ., , s_ L i !'"' i~ - ~ 1:~4_ 3 ~ IN THE COURT OF COMMON WELLS FARGO BANK, N.A. lu ~ ~ ~'~~, E=:J : ~~~ ~~ ~ ~~ PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, ~`ti~~F~L~~~~ ~()~i~T~PENNSYLVANIA 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 HANNAH M. FOUTS, IN HER CAPACITY AS DEVISEE OF THE 13 ~y~ 1 VI ~ ~f~ 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 ]egal 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, 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: 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 ^ State: Zip: Home: Cell: How long? State: Zip: Home: Office: Cell: Other: 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: it 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 c~les)• Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. 2. -- 3. Borrower Pay Days: Co-Borrower Pay Days: Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ortlAlim. S endin Mone Day/Child Care/Tuit. 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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson QZ Sherifl` a-�r r_-, Jody S Smith Chief Deputy 1\3 Richard W Stewart r Solicitor _ Wells Fargo Bank, N.A. Case Number VS Wendy J Polito (et al.) 2013`1042 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: Wendy J Polito, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Logan L Fouts, 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 5201 Deerfield Avenue, Hampden Twp, Mechanicsburg, PA 17050-6823. Residence is vacant. 03/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Hannah M Fouts, 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 5201 Deerfield Avenue, Hampden Twp, Mechanicsburg, PA 17050-6823. Residence is vacant. 03/0812013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wendy J Polito, 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 5201 Deerfield Avenue, Hampden Twp, Mechanicsburg, PA 17050-6823. Residence is vacant. 03/14/2013 10:16 AM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nancy Sanchex, who accepted as"Adult Person in Charge"for Hannah M Fouts at 84 Hillside Road, Silver Spring Twp., Mechanicsburg, PA 17050-1710. TIM`BLACK, DEPUTY 03/14/2013 10:16 AM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nancy Sanchec, who accepted as"Adult Person in Charge"for Logan L Fouts at 84 Hillside Road, Silver Spring Twp., Mechanicsburg, PA 17050-1710. TIM YLACK, DEPUTY 03/25/2013 08:43 AM -The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Keith Polito, Husband of defendant, who accepted for Wendy J Polito, at 102 Bellows Court, Lewisberry, PA 17339-9646. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST� S152.40 SO ANSWERS, A- March 25, 20 .._.WY R ANDERSON, Sworn and Subscribed to before me NOTARIAL SE& this 260 day of March 2013 A .D. UDiA A.BREWBAKER,NOTARY PUBLIC Carlisle Boro,Cumbedand County SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, 11 Chief Deputy, Operations Chief Deputy,Administration WELLS FARGO BANK, N.A Case Number vs. WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF 13-1042 CIVIL CHRISTINE L. FOU (et al.) SHERIFF'S RETURN OF SERVICE 0311112013 08:43 AM-DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE KEITH POLITO, HUSBAND, WHO ACCEPTED AS "ADULT PERSON IN CHARGE"FOR WENDY J. POLITO AT 102 BELLOWS COURT, LEWISBERRY, PA 17339-9646. TAYLOR ECK, DEPUTY SHERIFF COST $90.80 S 0 ERS, 7_� March 20, 2013 f:(ICHARD P KEGIERLEBER, SHERIFF _,,_0MM0NwEALTH OF PENNSYLIANIA Notarial Seat Sheila E.GWK NOWY Pl"'c City of Y^York coww 2017 My commlosion res Feb.1 1A A'noN OF NOTARIES NOTARY Affirmed and subscribed to before me this 20TH day of MARCH 2013 FILED.-OFFICE OF THE PROTHONOTARY 2013 APR 15 Pfd 4: 08 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION VS. NO. 13-1042 WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. CUMBERLAND COUNTY FOUTS HANNAH M. FOUTS,IN HER CAPACITY AS DEVISEE OF THE ESTATE OF CHRISTINE L. FOUTS LOGAN L. FOUTS,IN HIS CAPACITY AS DEVISEE OF THE ESTATE OF CHRISTINE L. FOUTS PRAECIPE TO RELEASE PARTY DEFENDANT AND CORRECT CAPTION AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) Plaintiff, WELLS FARGO BANK, N.A., by and through its counsel, Phelan Hallinan, LLP, hereby releases Hannah M. Fouts and Logan L. Fouts, in their capacity as devisees of the Estate of Christine L. Fouts, as Party Defendants in the within foreclosure action in accordance with Pa. R.C.P., Rule 1144(b), as Hannah M. Fouts and Logan L. Fouts have executed a Waiver by Heir of Right to be Named as Defendant in the Foreclosure Action. Said Waivers are attached hereto and marked as Exhibit"A". Because Hannah M. Fouts and Logan L. Fouts are released as Party Defendants, please remove them from the case caption accordingly. PBELAN14ALPNAN,LLP Dated: By: /hn Michael Kolesnik, Esq., I.D.No. 308877 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION VS. NO. 13-1042 WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. CUMBERLAND COUNTY FOUTS HANNAH M. FOUTS, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF CHRISTINE L. FOUTS LOGAN L. FOUTS,IN HIS CAPACITY AS DEVISEE OF THE ESTATE OF CHRISTINE L. FOUTS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Correct Case Caption and Release defendants Hannah M. Fouts and Logan L. Fouts was sent via first class mail to the following on the date listed below: Wendy J. Polito 102 Bellows Court Lewisberry, PA 17339-9646 PHELAN HA4pLINAN,LLP Dated: Z By: �z Joh Michael Kolesnik,Esq,I.D.No. 308877 Attorney for Plaintiff EXHIBIT "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, HANNAH M. FOUTS, Devisee of the Estate of CHRISTINE L. FOUTS, hereby acknowledge that I may have an ownership interest in the property located at 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6823, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named,as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK,N.A.,involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: % ' By (print name) (sign na. c4 Parent d/or L gal Guardian of'Ha nah M. outs, Minor Heir of the Estate of Christine L. Fouts w WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, LOGAN L. FOUTS, Devisee of the Estate of CHRISTINE L. FOUTS, hereby acknowledge that I may have an ownership interest in the property located at 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6823, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. l Date: 3 LOdAd L. FO S, Devisee of the Estate of CHRISTINE L. FOUTS w , M. "i ry M �A _.{p G3 C PHELAN HALLINAN, LLP c Joseph P. Schalk, Esq., Id. No. 91656 �' 4 126 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.2013-1042-CIVIL WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS 102 BELLOWS CT Cumberland County LEWISBERRY, PA 17339-9646 LOGAN L. FOUTS, in his capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 HANNAH M. FOUTS, in her capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 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 25, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage 310198 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 March 11, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential'Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 310198 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: rn I BY: !Att ph Schalk, Esquire me for Plaintiff 310198 Exhibit A Supreme Court of Pennsylvania Ctzrar I`Cam' Pleas - _ For Prothonotary Use Only; V �f oVC . 'eet: CU* County Docket No; The information collected on this form is used solely for court administration purposes. This form does not 3t?)zhgnw71 or rg lrr?.,q the jding and service n 'tjeod7ng s or other 1)ct20-w as t±.ejy hwd bv law or rules of*c•ourt. S Commencement of Action. OO Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: WENDY J.POLITO T Are money damages requested? ❑Yes 9 No Dollar Amount Requested: ❑within arbitration limits a (Check one) 19 outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No Name of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq..Id.No.309519,Phelan Haliinan,LLP . A .❑ Checic here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Natwwof the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type.of claim,check the one that you consider most important. TORT(do not include Mass Tort)' CONTRACT(do not include,hidginents) CIVIL APPEALS ❑ Intentional D Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability (does not S include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination F ❑Other: ❑Employment Dispute:Other ❑ Zoning Board C _ -- _ ❑ Other: T I MASS TORT ❑ Other: n ❑ Asbestos ----- N ❑Tobacco - _..... �. ❑Toxic Tort-DES _ ❑'toxic Tort-Implant REAL PROPERTY M.ISCELLANEOU'S ❑'Foxic Waste ❑ Ejectment ❑Common I.,aw/Statutory Arbitration. B ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment _ ❑Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure::Res ident:ial Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto Dental ❑ Partition ❑ Replevin 0 Legal ❑Quiet Title ❑ Other: ❑ Medical ❑Other: ❑Other Professional: -- — Pa.R.C,P. 205.5 Updated 01/lll/2011 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 it: 310198 It+j'! Uylh�i\'t r Cr ppM G J� Et?F t�.1D COUNTY P :NI N S Y LV A t l IA - PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 �— Plaintiff, NO.: I - /O Yk Clv i I'�m vs. WENDY J.POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS 102 BELLOWS'CT LEWISBERRY, PA I7339-9646 LOGAN L. FOUTS, in his capacity as Devisee of the, Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 HANNAH M. FOUTS, in her capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 Defendants. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSU. s � 1 03.75 {�U qTh/ C'* lam �-qj 062-PA-V3 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, WENDY J. POLITO, is an individual whose last known address is 102 BELLOWS CT, LEWISBERRY, PA 17339-9646. 3. The Defendants, LOGAN L. FOUTS and HANNAH M. FOUTS, are individuals whose last known address are 84 HILLSIDE RD, MECHANICSBURG, PA 17050-1710. 4. WELLS FARGO BANK,N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about March 30, 2011, CHRISTINE L. FOUTS made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $211,200.00 on the premises described in the legal description marked Exhibit "B"., attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201110290. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. Mortgagor CHRISTINE L. FOUTS died on April 17, 2012, leaving a Will dated September 15, 2011. Letters Testamentary were granted to WENDY J. POLITO on July 10,2012 in Cumberland County, No. 21-12-0467. Decedent's surviving devisees are LOGAN L. FOUTS and HANNAH M. FOUTS. 062-PA-V3 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due May 1, 2012. 9. As of 02/05/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 208,349.64 Interest $ 8,795.36 from 04/01/2012 through 02/05/2013 Late Charges $ 226.76 Property Inspections $ 75.00 Escrow Deficit $ 1,374.02 TOTAL $ 218,820.78 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 Plaintiffs 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. 10. 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). 11. Plaintiff does not hold the named Defendants, WENDY J. POLITO, LOGAN L. FOUTS and HANNAH M. FOUTS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. §301(b). 062-PA-V3 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$218,820.78, 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: '10 / Al!pbn . NtLmi6n, Esq:, Td. No.309519 Attorney for Plaintiff 062-PA-V3 0 i Exhibit "A" 4 _.a r NOTE MARCH 30, 2011 ALLENTOWN PENNSYLVANIA 1 Datel IC41 (State] 5201 DEERFIELD AVE, MECHANICSB10RG, PA 17050 lPtapeny Addressl 1. BORROWER'S PROMISE TO PAY In returnfor a lean that I have received,F promiseto pay U.S. $*****211,200.00 (this amount iscalled"Principal"), plus interest,to the order of the Lender.The Lender WELLS FARCO BANK, N.A. I will tttakr all payments under this Note in the forth of cash,check or money order. I understandthat 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 Interestwill be chargedon unpaid principal until the full amountof Principal has been paid.I will pay interest at a yearly rate ofS.000 %. The interest rate requirvdby this Sectlon2 is the rated will pay Wit beforeandafterany default described in Section6(B) of this Notc. 3. PAYMENTS (A)Time and Place of Payments I will pay principaland interest by making a paymcut cvcty month. I will snake my monthly payment on the 18T day of each month beginningc)txYM, 2011 1 will snake these paynte tits every mouth until I have paid all of the principal and interest andany other charges describedbelow that I may owe under this Note. Each monthly payment will he applied as of its scheduled due date and will be applied to interest before Principal.If,onxAY 1, 2041 ,1 still owe amounts under this Note,I will pay those amounts its full on that date,which is called the"Maturity Date." I will ntakemy monthly payments at WELLS FARCO BANK, N.A. P.O. BOX 11701„ NEWARK, NJ 07101-4701 or at a different place if required by the Note Holder.. (B)Amount of Mostbly Payments My monthly payment will be in the amountof U.S. S '*•***"1,133.77 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal on)y is known as a "Prepayment.' When I make a Prepayment,I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepaymentswithout paying a Prepayment charge.The Note Hoiderwdl use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Nate. If I matte a partial Prepayment.there will be no changes in the Clue date or in the amountof my monthly payment unless the Note Holder agrees in writing to those changes. eD RATE NOTE-5noo Family-Fannie Lhe/Freddie Mee UNIFORM INSTRUMENT L` Fo,m 3260 110t T P vrIPSN(0803).00 NMFt 3200 KNOT) Rev 312069 Inhhlr Pace I of 3 u• S. LOAN CHARGES If a law, which applies to this loan aud which sets maximum loan charges,is finally interpretedso that the interest or other loan charges collected or tube collee led in connect ion with tbis loan exceed the permitwdlimits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from me which excecdedpermittedlimits will be refundedto me. The Note Holder my choose to snake this refund by reducingthe Pritncipal I owe Under this Note or by making a direct payment to me. If a refund reducesPrincipal,the reductionwill be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge ror 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,I will pay a late charge to the Note Holder.The amount of the charge will b6.000 % of my overdue payment of principal and interest.I wilt pay this late charge promptly but only once on each late payment. (B)DeNull If 1 do not pay the full amouutof each monthly paytnenton the date it is due,l will be in default. (C)Notice of Default If I ant in default, the Note Holder may send we a written notice telling me that if I do not pay the overdue amount by a certain date.the Note Holdermay require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is trailed to the or delivered by other mans. (D)No Waiver By Note Holder Even if, at a tinte when I am in default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses t If the Note Holderhas required me to pay immediately in full as dcscribcdabove, the Note Holderwill have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibitedby applicable law. Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF NOTICES Unless applicable law requiresa different method,any notice that must be given to me under this Note will be giveu by delivering it or by mailing it by first class nwil to me at the Property Add ressabove or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holderunder this Note will be given by dclivcring it or by mailing it by first class mail to the Note Holderat the address bated 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 tine person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,includ'ung the promise to pay the full amount owed. Any person who is a guarantor,surety or endorserof this Note is ako obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorserof this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be require dto pay all of the amounts owed under this Note. 9. WAIVERS i and any other person who has obligations under this Now waive the rights of Prescutmontand Notice of Dishonor. "Presentneent"meanstlre right to requirethe Note Holderto de wand payment of amountsdue."Notice of Dishonor" meansthe right to require the Note Holder to give notice to other persona that amounts due have not been paid. •FarrisMwiFle0k Mac UNIFORM INSTRVMUtT Form 9200 1101 VMP /y VMPSN 10803 of 3 Papa 2 of 3 Weltett Kluwer Nnneial Larvicet Iritulf:' .r A 10. UNIFORM SECUREDNOTE This Note is a uniform innstrumentwith limited variations iu some jurisdictions.In addition to the protectionsgiven to the Note Holder under thb;Note,a Mortgage, Deed of Trust, or Security Deed(the"Security Instrument"),dated the same date as this Note,protectsthe Note Holderfrom possible losses which might result if I do not keep the promiseswhich I make in this Note.That Security Instrument describeshow and underwhat conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note.Some of those cnttditions are described as follows: If all or any part of the Propertyor any Interest io the Property is sold or transferred(or if Borrower is not a natural personand a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall giw Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordancewith Section 15 within which Borrower must pay all sums securedby this Security Instrument.If Borrowerfails to pay these sums prior to the expiration of this period, Lender may brvokc any remedies permitted by this Security Instrument without further notice or demand on Borrower. :s WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. A,�—g �4� }STS—(Seal) (Seal) CHRISTINE L FOUTS -Bortowtr -Borrower (Seal) (Seal) •Horrouvr Borrower (Seal) {seal) -Borrower -Borruwer (Seal) (Seal) •Borro%tr -Borrower (Sign(Nglnal Only) OTC-Single Family-Fyrni.M"MFndck Moc UNIFORM INSTRUmeNr form 3200 MI V VMP5N 10803).00 W07M;Kluwer Fhwrcid 9evoicat pop 3 of 3 Y. WITHOUT RECOURSE PAY TO THE ORDER OR WELLS ZFBMK N.A.BY &MEL SEt IM PREMU 'r Y f f. Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, Cumberland County, Pennsylvania, more fully bounded and described as follows,to wit: BEGINNING at a point in the easterly line of Deerfield Avenue, said point being North 1 degrees 50 minutes West, a distance of 102.01 feet from the intersection of the easterly line of Deerfield Avenue with the northerly line of Skyport Road; thence along the easterly line of Deerfield Avenue,North 1 degree 50 minutes West, a distance of 90.00 feet to a point; thence along Lot No. 4 Block A, North 88 degrees 10 minutes East, a distance of 219.84 feet to a point in line of land now or formerly of William C. Miller; thence along land now or formerly of William C. Miller, South 1 degree 50 minutes East, a distance of 90.00 feet to a point; thence along Lots No. 1 and Lot No. 2 Block A, South 88 degrees 10 minutes West, a distance of 219.84 feet to the point and place of BEGINNING. CONTAINING 0.454 of an acre, more or less. HAVING THEREON ERECTED a2-story brick and frame dwelling house with attached 2-car garage. BEING Lot No. 3 of Block A on Plan of Good Hope Farms, which plan was recorded March 30, 1965 in Plan Book 1.6,Page 32 in the Office of the Recorder of Deed for Cumberland County (Plan No. 1). h File k 310198 :4 UNDER AND SUBJECT to restrictions, easements and conditions of prior record pertaining to the said premises. TAX PIN: 10-19-1602-008 PROPERTY ADDRESS: 5201 DEERFIELD AVENUE,MECHANICSBURG,PA 17050- 6823 PARCEL#10.19-1602-008. Pile#: 310198 { VERIFICATION Daniel Bullard, hereby states th the/ e is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, th t he/s a 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&er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. rwC Name: Daniel Bullard Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/09/2013 086-PA-V2 File# 310198 i IN YHE COURT OF COMMON WELLS FARGO BANK,N.A. 21 13 FED J : AIM 9: 35 PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, vs. U PENRSY D co A T'PENNSYLVANIA 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 13 - goy*'t, Oi„I J r rxr HANNAH M. FOUTS,IN HER CAPACITY AS DEVISEE OF THE 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 a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(7l 7)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, 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: 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: State: 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? First Mortgage Lender: Type of Loan: f Loan Number: Date you dosed Your Loan:, Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No ❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: _ Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: ! 2. 3. Additional Income Description (not wages): 1. 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 Mort a e Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh, Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Suppo rt/Alim. Spending Money Da /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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? Yes F-1 No If yes;please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief fJeputy U) - rU Richard W Stewart r $ol iCii or _1- r., Wells Fargo Bank, N.A. I Case Number vs. 2D13-1042 Wendy J Polito(et al) 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:Wendy J Polito, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 0 310 812 01 3 Ronny R Anderson, Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Logan L Fouts, 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 5201 Deerfield Avenue, Hampden Twp,Mechanicsburg, PA 17050-6823. Residence is vacant. 03/0812013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Hannah M Fouts, 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 5201 Deerfield Avenue, Hampden Twp,Mechanicsburg,PA 17050-682.3. Residence is vacant. 03/08!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:Wendy J Polito,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 5201 Deerfield Avenue, Hampden Twp,Mechanicsburg, PA 17050-6823. Residence is vacant. 03/14/2013 10:16 AM-Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nancy Sanchex,who accepted as"Adult Person in Charge"for Hannah M Fouts at 84 Hillside Road,Silver Spring Twp., Mechanicsburg, PA 17050-1710. TI BL CK, DEPUTY 0311412013 10:16 AM-Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nancy Sanchec,who accepted as"Adult Person in Charge"for Logan L Fouts at 84 Hillside Road, Silver Spring Twp., Mechanicsburg, PA 17050-1710. TIM BLACK, DEPUTY 03/25/2013 08:43 AM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Keith Polito, Husband of defendant,who accepted for Wendy J Polito,at 102 Bellows Court, Lewisberry, PA 17339-9646. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: 5152.46 SO ANSWERS, / March 25,20 13 RON R ANDERSON, SHERIFF Sworn and Subscribed to before me NOTARIAL SEAL this 26th day of March 2013 A.D. „�;UDIAA.BREWBAKER,NOTARY PUBUC Carlisle Boro,Cumberland County l � Notary °ub—T. zc - i 'nmmission Expires APM 4,2413 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN,ESQ. Sheriff Solicitor'qj*Reuben B Zeager Richard E Rice,II Chief Deputy. Operations Chief Deputy,Administration WELLS FARGO BANK, N.A Case Number vs. WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF 13-1042 CIVIL CHRISTINE L. FOU(et al.) SHERIFF'S RETURN OF SERVICE 03/11/2013 08:43 AM-DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF) BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE KEITH POLITO, HUSBAND,WHO ACCEPTED AS "ADULT PERSON IN CHARGE"FOR WENDY J. POLITO AT 102 BELLOWS COURT, LEWISBERRY, PA 17339-9646. M TAYLOR E K, DEPUTY SHERIFF COST: S90.80 SO,A ERS, March 20,2013 ICHARD P KEUERLEBER, SHERIFF C:OMM(N(WEALTH OF PENNSYLVANIA Notarial Seal Sheila E.C0*Notary Public I cnrarod►,York r commts5wn 2017 1 MEN•ACR.offtNOILVAN1A ASr tA7lON NOTAQIES NOTARY Affirmed and subscribed to before me this 20TH day of MARCH 2013 ' .✓; ��' 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 Civil Division FORT MILL, SC 29715 Term Plaintiff V. No.2013-1042-CIVIL WENDY J. POLITO, in her capacity as Executrix of the Cumberland County Estate of CHRISTINE L. FOUTS 102 BELLOWS CT LEWISBERRY, PA 17339-9646 LOGAN L. FOUTS, in his capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 HANNAH M. FOUTS, in her capacity as Devisee of the Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 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: 310198 WENDY J. POLITO LOGAN L. FOUTS HANNAH M. FOUTS 102 BELLOWS CT LEWISBERRY, PA 1 84 HILLSIDE RD.7339-9646 MECHANICSBURG, PA 17050-1710 MAtto Date: Vey chalk, squire for Plaintiff 310198 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. 2013-1042-CIVIL WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS Cumberland County 102 BELLOWS CT LEWISBERRY, PA 17339-9646 C- --j a i - rn co L -7 LOGAN L. FOUTS, in his capacity as Devisee of the ' �' Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 ? ' HANNAH M. FOUTS, in her capacity as Devisee of the - - Estate of CHRISTINE L. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 Defendants ORDER AND NOW, this J day of u%."L , 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 Mortgagee Foreclosure Action. CIO 1•ez C'( BY THE COURT: 14 1 t.�J19/3 CC: Wendy J. Polito Logan L. Fouts Hannah M. Fouts 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 WENDY J. POLITO 102 BELLOWS CT LEWISBERRY, PA 17339-9646 LOGAN L. FOUTS HANNAH M. FOUTS 84 HILLSIDE RD MECHANICSBURG, PA 17050-1710 310198 u THE PROTHOt"0lAIR) PHELAN HALLINAN,L - Attorney for Plaintiff Adam H.Davis, Esq.,Id. 'E,�`0��3�3 AM 10: 08 1617 JFKBoulevard', Su�a01,4004 �0 COUNTY One Penn Center Plaza PE NN S Y LVA��1 Q Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. No. 13-1042 FOUTS 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 WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS is over 18 years of age and has last known addresses at 102 BELLOWS CT, LEWISBERRY, PA 17339-9646 and 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6823. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 803960 + Department of Defense Manpower Data Center Results as of:Aug-22-2Qf305:56:d5 SCRA 10 Stag Repot t Pursuant to Serviccrnomben Civil Rt~liefAct' Last Name: POLITO First Name: WENDY Middle Name: J Active Duty•Status As Of: Aug-22-2013 On Active Duty On Active Duty Status Dale Active Duty Start Date - Active Duty End Date - Status Service Component NA This response rerl'cts the mdaviduMs'active duty status based on'the Acttve Duty Status Date t Left Active Duty Within 367 Days of Active Duty Status Date - Active Duty Start Date Active Duty End Dale Status Service Component NA 'NA - i -"'. Ndl NA This response reflects where the individual left active,duty'statLis within 3671days preced'ing.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 Nofification End Date Status Service Component NA NA r No: NA This response reflects whether the i40aual'or:hisiher unit has received'eariy not Galion 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. )6k r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 D;partment of Defense Manpower Data Center Results as of:Aug-22-201305:58:46 SCRA 3.0 Status Report Pursuant to Servicemernbers Civil Relief Aot Last Name: FOUTS First Name: CHRISTINE Middle Name: L Active Duty Status As Of: &ug-22-2013 On Active Duty on Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals!active duty status based an the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA I I 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 Ortter 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 r rc U TA 1� OF 7'Fi�� P1�Q 71-1i1 ' `, PHELAN HALLINAN, LLP ��,�AUG �� Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 AH 11: 3 9 1.617 JFK Boulevard, Suite 1400 CUI-41B=RLAND COUNT' 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 WENDY J. POLITO,in her capacity as CIVIL DIVISION Executrix of the Estate of CHRISTINE L. FOUTS No. 13-1042 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 WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS, 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 $218,820.78 TOTAL $218,820.78 I hereby certify that (1) the Defendant's last known addresses are 102 BELLOWS CT, LEWISBERRY, PA 17339-9646 and 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6823, and(2) that notice has been given in accordance with Rule Pa.R.C.P�2237.1. Date Z y�0''` ftn4 /7` o24, ✓ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HE EBY ASSESSED AS INDICATED. DATE: PH#803960 PROTHONOTARY OLD r��- 133gy 803 o 1 N6 -Ce W PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191.03 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. - CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION WENDY J. POLITO,in her capacity as Executrix of the Estate of CHRISTINE L. No. 13-1042 FOUTS 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 1.940, as amended. (b) that defendant WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE`L. FOUTS is over 18 years of age and has last known addresses at 102 BELLOWS CT, LEWISBERRY, PA 17339-9646 and 5201 DEERFIELD AVENUE, . MECHANICSBURG, PA 17050-6823. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date v` /b��G�✓L� Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.61.7 JFK'Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 191.03 215-563-7000 803960 Results as of:Aug-26-2013 12:01:34 Department of Defense Manpower Data Center SCRA 3.0 4 Stag Report ,r Pursuant to Sm cernerbbom Givi1 Rei.ief Act Last Name: FOUTS First Name: CHRISTINE Middle Name: L Active Duty Status As Of: Aug-26-2013 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 - .;Na 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. Aioi 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-26-2013 12:01:30 SCRA 3.0 tatus Rep Ort Pursuant to Serviccmctnbcrs Civil.Relief Act Last Name: POLITO First Name: WENDY Middle Name: J Active Duty Status As Of: Aug-26-2013 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 Duly 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 ActiveOuty 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 Noliflcation 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 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. CIVIL DIVISION FOUTS No. 13-1042 Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" 803960 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. WENDY J. POLITO,IN HER CAPACITY AS NO. 13-1042 EXECUTRIX OF THE ESTATE OF CHRISTINE L.FOUTS CUMBERLAND COUNTY Defendant(s) TO: WENDY J. POLITO,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L.FOUTS 102 BELLOWS CT LEWISBERRY,PA 17339-9646 DATE OF NOTICE: r � 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 1.7013 (717)249-3166 By:. Zac ry gin, Esq.,Id.No.310721 A orn y foff.Plain(M7 yt l a 14allinan.LLP 1617 I)~ Boulevard,Suite 1400 One : nn Center Plaza Philadelphia,PA 19103 PH#803960 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. WENDY J.POLITO, IN HER CAPACITY AS NO. 13-1042 EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS CUMBERLAND COUNTY Defendant(s) TO: WENDY J. POLITO,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L.FOUTS 5201 DEERFIELD AVENUE MECHANICSBUR''Gf,PA 17050-6823 DATE OF NOTICE: t �~. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 G?17 249-3166 By: lac u y.o r scl.,Id.No.310721 Att ney kilifP Pi el ut 1:1,91i wi,LLP 1617 Jr, . oulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#803960 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.: 13-1042 WENDY J.POLITO,in her capacity as Executrix of the Estate of CHRISTINE L.FOUTS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above mattbr: Amount Due $218.820.78 } Interest from 08/28/2013 to Date of Sale $3,561.03 ($35.97 per diem) , TOTAL $222,381.81 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff f7 r*a �1 Note: Please attach description of property. C= PH#803960 On ::f C) cn ry S ' I5 aAP cCEF C: Qc= x -,� / so /' � 301 . 1 to-as zL" Ca �r� a9y9a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3 Plaintiff V. r WENDY J.POLITO,in her capacity as Executrix of the Estate of CHRISTINE L.FOUTS, Defendant(s) . ;mod. PRAECIPE FOR WRIT OF EXECUTION ' (Mortgage Foreclosure) Filed: Address where papers may be served: WENDY 1.POLITO Phelan Hallinan,LLP 102 BELLOWS CT Adam H.Davis,Esq.,Id. No.203034 LEWISBERRY,PA 17339-9646 Attorney for Plaintiff • es � ' ' s 1 PHELAN HALLINAN, LLP I ft PLEO-OFF10-- RO TH01'dl??_ fit Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 . 1617 JFK Boulevard, Suite 1400 21113 AUG 27 AM 11; 40 One Penn Center Plaza CUMBERLAND C�UWTY Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION NO.: 13-1042 WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: L/ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id. No.203034 Attorney for Plaintiff �4 LLD-OFF ICE WELLS FARGO BANK,N.A. 1JF THE PRO T#MO YU ,�. COURT OF COMMON PLEAS Plaintiff 2P13 AUG 27 AN J f• �0 CIVIL DIVISION V. CUMBERLAND COU��TY NO.: 13-1042 WENDY J. POLITO, in her capacity as'E"x�c��t� the Estate of CHRISTINE L.FOUTS 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 5201 DEERFIELD AVENUE, MECHANICSBURG,PA 17050-6823. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) WENDY J.POLITO,IN HER CAPACITY AS 102 BELLOWS CT EXECUTRIX OF THE ESTATE OF LEWISBERRY,PA 17339-9646 CHRISTINE L.FOUTS 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) WENDY J.POLITO,IN HER CAPACITY AS 102 BELLOWS CT EXECUTRIX OF THE ESTATE OF LEWISBERRY,PA 17339-9646 CHRISTINE L.FOUTS. 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. PH# 803960 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 5201 DEERFIELD AVENUE MECHANICSBURG,PA 17050-6823 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 1.7108-1.754 FEDERAL BUILDING HANNAH M.FOUTS,IN HER CAPACITY AS 84 HILLSIDE RD DEVISEE OF THE ESTATE OF CHRISTINE MECHANICSBURG,PA 17050-1710 L.FOUTS LOGAN L.FOUTS,IN HIS CAPACITY AS 84 HILLSIDE RD DEVISEE OF THE ESTATE OF CHRISTINE MECHANICSBURG,PA 17050-1710 L.FOUTS 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: OIZ 3 By: ✓l Phelan Hallinan,LLP Adam H..Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 803960 FILED-011 r Ii WELLS FARGO BANK, ) ICE PRE3THfl Pr .. OTt"�; P .A.1 COURT OF COMMON PLEAS 2013 AUG 27 AM H: 40 . Plaintiff :. CIVIL DIVISION CUMBERLAEND COUNTY ICENNSYLVANIA NO.: 13-1042 WENDY J. POLITO,in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WENDY J. POLITO,in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS 102 BELLOWS CT LEWISBERRY,PA 17339-9646 "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 OVA LIEN AGAINST PROPERTY.** Your house(real estate)at 5201 DEERFIELD AVENUE,MECHANICSBURG,PA 17050-6823 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$218,820.78 obtained by.WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000x1230. 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden,Cumberland County, Pennsylvania,more fully bounded and described as follows,to wit: BEGINNING at a point in the easterly line of Deerfield Avenue,said point being North 1 degrees 50 minutes West,a distance of 102.01 feet from the intersection of the easterly line of Deerfield Avenue with the northerly line of Skyport Road; thence along the easterly line of Deerfield Avenue,North 1 degree 50 minutes West,a distance of 90.00 feet to a point;thence along Lot No.4 Block A,North 88 degrees 1.0 minutes East,a distance of 21.9.84 feet to a point in line of land now or formerly of William C.Miller;thence along land now or formerly of William C.Miller,South 1 degree 50 minutes East,a distance of 90.00 feet to a point;thence along Lots No. 1 and Lot No.2 Block A,South 88 degrees 10 minutes West,a distance of 219.84 feet to the point and place of BEGINNING. CONTAINING 0.454 of an acre, more or less. HAVING THEREON ERECTED a 2-story brick and frame dwelling house with attached 2-car garage. BEING Lot No. 3 of Block A on Plan of Good Hope Farms,which plan was recorded March 30, 1965 in Plan Book 1.6,Page 32 in the Office of the Recorder of Deed for Cumberland County(Plan No. 1). " UNDER AND SUBJECT to restrictions,easements and conditions of prior record pertaining to the said premises. TITLE TO SAID PREMISES IS VESTED IN Christine L, Fouts, currently, by Deed from Todd M. Fouts and Christine L. Fouts, b/w, currently, dated 03/30/2011, recorded 04/05/2011 in Instrument Number 2011.1.0289. Mortgagor CHRISTINE L. FOUTS died on April 17, 2012, leaving a Will dated September 15, 2011. Letters Testamentary were granted to 14ENDY J. POLITO on July 10, 2012 in Cumberland. County, No. 21-12-0467. Decedent's surviving devisees are LOGAN L. FOUTS and HANNAH M. FOUTS. By executed waivers, the surviving devisees have waived their interest in the property. PREMISES BEING: 5201 DEERFIELD AVENUE,MECHANICSBURG,PA 17050-6823 PARCEL NO. 10-194602-008. SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1042 WELLS FARGO BANK,N.A. V. WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5201 DEERFIELD AVENUE,MECHANICSBURG PA 17050-6823 Parcel No. 10-19-1602-008. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $218,820.78 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 2013-1042 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 WENDY J.POLITO,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L.FOUTS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $218,820.78 L.L.: $.50 Interest FROM 8/28/2013 TO DATE OF SALE($35.97 PER DIEM)-$3,561.03 Atty's Comm: Due Prothy: $2.25 Atty Paid: $301.21 Other Costs: Plaintiff Paid: Date:August 27,2013 David D.B ell,Prothonot (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#803960 DEFENDANT SERVICE TEAM/lxh WENDY J.POLITO,in her capacity as Executrix of the Estate of COURT NO.:13-1042 CHRISTINE L.FOUTS . SERVE WENDY J.POLITO,in her capacity as Executrix of the TYPE OF ACTION Estate of CHRISTINE L.FOUTS AT: XX Notice of Sheriff's Sale 01 3'C «1 €:. 102 BELLOWS CT SALE DATE: December 4,2013 LEWISBERRY,PA 17339-9646 _°- I CO SERVED t� x71 7}'c'aw Served and made known to WENDY J.POLITO,in her capacity as Executrix of the Estate of CHRISTIIIFO> S, t f, Defendant on the 1 day of (&At42-20 ,at " ,o'clock .M.,at 02- LI.ow S CT, .0 5 1'(,in the manner described below: --s - 'Defendant p sonally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age (O 5 Height 5 14 Weight fit?S Race Sex Other I, ( .&t1\ (0-el*) , 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. DATE: ' NAME: /" p PRINTED NAME: TITLE: r)(2.01 Seri NOT SERVED On the day of 20 , at o'clock .M.,I, ,a competent adult hereby state that Defendyant NOT FOUND because : Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 4 Phelan Hallinan, LLP r 3 ! 11 : C Jonathan M. Etkowicz, Esq., Id. No.208786 ATE ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CLINE f r?(.,��,� � COUdTY 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 WENDY J. POLITO, IN HER CAPACITY AS • EXECUTRIX OF THE ESTATE OF CHRISTINE No.: 13-1042 L. FOUTS 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 August 27, 2013 in the amount of$218,820.78. 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. 803960 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 $208,349.64 Interest Through October 31, 2013 $16,482.39 Late Charges $226.76 Legal fees $1,900.00 Cost of Suit and Title $499.31 Property Inspections $150.00 Escrow Deficit $5,401.44 TOTAL $233,009.54 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 803960 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP • DATE: 0/ 0 3 By: 41121aLlig.f J.nat M. Etkowicz, Esquire • 'ORNEY FOR PLAINTIFF 803960 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 • WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE : No.: 13-1042 • L. FOUTS Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CHRISTINE L. FOUTS, DECEASED 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 5201 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6823. 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. 803960 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. IL 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 803960 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 803960 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 803960 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 803960 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. 803960 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. 803960 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: • 22, BY: /Ma ip Ak1rai onathan . Et owicz, Esquire ttorne for Plaintiff 803960 Exhibit "A" 803960 0 rrnnCD Xs. Zrrl C �-- cJ►f" N ��G PHELAN HALLINAN, LLP - Attorney for P1f Adam H. Davis,Esq.; Id. No.203034 y>., 3,1 5271 1617 JFK Boulevard;Suite 1400- ?c • o One Penn Center Plaza � s a Philadelphia,PA 19103 �C Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS WENDY J.POLITO,in her capacity as : CIVIL DIVISION Executrix of the Estate of CHRISTINE L. 4"? FOUTS : No. 13-1042 0/14 • 90.0 Cop Y PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 4p Q9N F Kindly enter judgment in favor of the Plaintiff and against WENDY J.'':1 _�' •.d i er capacity as Executrix of the Estate of CHRISTINE L.FOUTS,Defendant(s)for - d tJ'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 a follows:a As set forth in Complaint 78 TOTAL $218,gi27 k -- 1-herebyce*titTrhat(1)the Defendant's last Itlluwiraddrcsscs are 102 CT, LEWLSBERRY,PA 17339-9646 and 5201 DEERFIELD AVENUE, SBURG PA-- 17050-6823, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date tjZ b!I all/44 0i 17/452c..4.1....." Adam H.Davis,Esq.,Id.No.203034 Attorne or P1 ' tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH#803960 PROTHONOTARY 803960 • Exhibit "B" 803960 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th,2013 WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CI-1RISTINE L. FOUTS 102 BELLOWS CT LEWISBERRY,PA 17339-9646 RE: WELLS FARGO BANK,N.A. v. WENDY J.POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS Premises Address: 5201 DEERFIELD AVENUE MECHANICSBURG, PA 17050 CUMBERLAND County CCP,No. 13-1042 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. cry tul 1 irs .k na Ian s. ;tko iez,Esq., Id.No.208786 A to ney for Plaintiff Enclosure 803960 and Phelan Hallinan,LLP ' 1*.: '` s IIIIIIIIIIk 16171Pt:Boulevard,Suite 1400. 0.4 (der One Penn Center Plaza .. Phfladel, 1.'PA 1910. KIM A " Article Number .Name of Addressee Street,sod Post:ONRctAddress Posta_e 44 t«.• WENDY.J,POLITO M - ao;�6 102 BELLOWS CT E`" ;~g LEWISBERRY PA 17339-9646 to 1 •"•• WENDY J.POLITO $0.46 o� 5201 DEERFIELD AVENUE MECHANICSBURG PA'19+a,1 ,:23 r f . 'RE:WENDY J.POLITO CUMBERLAND PH#80396011300• Pa:e 1 or t 50.92 ,1 `" ubte of 'tool Number sk Macro Pori/maw.Par Noss( Tbo full doohtKioo ofr cLs °* '- aed by Soria Reeaved at Pau Lj ce Ream E rMshis�+eArds under Modd cumenade na Then x•. -,i. nC•mDla?ul far the rooamhnetiaa of nonneeptiabk dosamcres r. ,..£xWess hlWAaa+mcntrcmmtrrrlioo `: . posse object to a limit efS300,000 per e curenee.The ma>imumiadsmtNypayabk tut Erpr i} The mamma indemnity Payable is ROW kw repro:rd mail,sew with u owl orsoams.: [x900 3913 and MI for t7otiiaiions otcoressst .. l 3877 Facsimile !_cri.,,,,.,i!, iii': , Y 80396{i • • • 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 WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE • No.: 13-1042 • L. FOUTS 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. WENDY J. POLITO, IN HER CAPACITY AS WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS CHRISTINE L. FOUTS 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY, PA 17339-9646 MECHANICSBURG, PA 17050-6823 Phelan Hallinan, LLP DATE: By: 41111110 -1.v onat•• M. tkowicz, Esquire A" " ORNEY FOR PLAINTIFF 803960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE • No.: 13-1042 L. FOUTS • Defendant RULE AND NOW, this Z Y' day ofd✓ 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ji /4/- J. , r (:; 3-� _ . 803960 • onathan M. Etkowicz,Esq., Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,/1ENDY J. POLITO, IN HER CAPACITY AS-WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS CHRISTINE L. FOUTS 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY, PA 17339-9646 MECHANICSBURG, PA 17050-6823 ay . eSl 803960 is s/i3 ` tev) 803960 .E 1'HO HD1NQ ed-1it'.. 20 3 NOV -7 AM10: 20 OUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County WENDY J. POLITO No.: 13-1042 Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. WENDY J. POLITO WENDY J. POLITO 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY, PA 17339-9646 MECHANICSBURG, PA 17050-6823 Phelan HH.. '`►'nan LP !(./GA, DATE: By: � Jo�/!chael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff 803960 t Ay", y 1 9 AM II: I L f-ENNS'iL / f t Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff Civil Division • vs. • CUMBERLAND County • WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE • No.: 13-1042 • L. FOUTS Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 803960 3. A Rule was issued on October 24, 2013 directing the Defendant to show cause by November 13, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 6, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 13, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 111/8/8 By: John D. Km , Esq., Id. No.312244 Attorney for Plaintiff 803960 Exhibit "A" 803960 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th,2013 WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS 102 BELLOWS CT LEWISBERRY,PA 17339-9646 RE: WELLS FARGO BANK,N.A. v. WENDY J.POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS Premises Address: 5201 DEERFIELD AVENUE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-1042 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. cry _ul 00 irs; J na mn . tko-k• icz,Esq., Id.No.208786 A, o ney for Plaintiff Enclosure 803960 • an Phelan Rallies%LLP I 1 42%7. M 15!7 3FKBou)evaM,quite 1400 ,. Kier One Penn Center Plaza ##� Philadelphia,PA 19103 KVM 0 v Article Number Name of Addressee,Street,and Post O11tee Address . Postage a I."); **** . • WENDYJ.POLITO 50.46 i o r ' lag BELLOWS CT `,4 LEWISSERRY,PA 17339-9646 -No **** WENDY J.POLITO 50.45 D Na el ' l 5201 DEERFIELD AVENUE 1 MECHANICSBURG,PA 17050-6823 4 T RE:WENDY J.POLITO(CUMBERLAND) PH#80396011200 Page i of l 50.82 t, eto of Torot Ktm6.esofPiaoer Pogmaster,Fe,(Nut*w of The NU dochrot cs of.atuc is regsecdan all 4.4.44 and vmcrrsetimsl mgsmared mail T'hc n '1 1.. nod by Scotia Recat ed st P�Office Recei�rg Employee) for the renarwttioo ofsonnetau6k dnwnmu sodet f..xpreffi t�7 davahot recoognxtwc >�'... l plat subptt to admit of$3D0,QWperocaureooe.Pre masimnm to6,444y payahk co E*Ma The tn01.1.+r°Warmly t»±+hk a 1.25,000 iur raghn d maul,mg rvdh options nrnuaece-$ 8900 5913 2445921 tor timnxirms of cc.rrate „ t' t 3877 Facsimile " .Ir&f.a ra f i cif" 3 w '.:. 7 2, . .x: ,...,„..,,,, , , . To.. ,:': 80396 k'''.:','-',,;' Exhibit "B" 803960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County WENDY J. POLITO, IN HER CAPACITY AS • • EXECUTRIX OF THE ESTATE OF CHRISTINE No.: 13-1042 L. FOUTS • Defendant RULE AND NOW, this .211.1A_ day ofajaga2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 40 Alf A itt J. 803960 • Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 WENDY J.POLITO, IN HER CAPACITY AS WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS CHRISTINE L. FOUTS 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY,PA 17339-9646 MECHANICSBURG,PA 17050-6823 803960 • 803960 Exhibit "C" Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County WENDY J. POLITO • No.: 13-1042 Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. WENDY J. POLITO WENDY J. POLITO 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY,PA 17339-9646 MECHANICSBURG,PA 17050-6823 Phelan H, .na141 P DATE: { By: Job."richael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff 803960 • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas Plaintiff • Civil Division • vs. • CUMBERLAND County • WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CHRISTINE • No.: 13-1042 • L. FOUTS 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. WENDY J. POLITO, IN HER CAPACITY AS WENDY J. POLITO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF EXECUTRIX OF THE ESTATE OF CHRISTINE L. FOUTS CHRISTINE L. FOUTS 102 BELLOWS CT 5201 DEERFIELD AVENUE LEWISBERRY, PA 17339-9646 MECHANICSBURG, PA 17050-6823 Phelan Hallinan, LLP DATE: /1/13/13 By: John D. Kro , Esq., Id. No.312244 Attorney for Plaintiff 803960 FILED-OFFICE i F fl c PRO THON O TA i 'i • 2813 NOV 20 AN 10: 4 I • • . PHELAN HALLINAN,LLP Attorney for Plaintiff • Adam H.Davis,Esq„Id.No.203034. } ,CU MBE R E A N0 COUNTY'. 1617JFKBoulevard,Suite,1400, 'r PENNSYLVANIA • One Penn'Center Plaza; . Philadelphia,PA 119103 • , Adarn.Davis@PhelanHallinan.com 215-563-7000 • . .. • • IN THE COURT OF COMMON PLEAS- =". OF CUMBERLAND COUNTY,PENNSYLVANIA . ' WELLS FARGO BANK;N.A. ' • ' CUMBERLAND COUNTY • Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WENDY J.POLITO • Defendant(s) ! ! ,• , • :I No:: 13-1042, . • 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 ofSale-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):andlor Certified Mail Return Receipt stamped by the U.S.Postal Service is attached,heretPExhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: r// _/l f 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:4 "t PH#803960 f•. : .z A WELLS FARGO BANK, N.A. • COURT OF COMMON PLEAS Plaintiff • v. . • • CIVIL DIVISION • NO.: 13-1042 . • WENDY J.POLITO,in her capacity as Executrix'of the • Estate of CHRISTINE L.FOUTS • • • Defendants) CUMBERLAND COUNTY . • • • . AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe . for the Writ of Execution was filed,the following information concerning the real property located at 5201 DEERFIELD AVENUE,. MECHANICSBURG,PA 17050-6823. . 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CHRISTINE L.FOUTS 5201 DEERFIELD AVENUE,MECHANICSBURG, PA 17050-6823 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) WENDY J.POLITO 102 BELLOWS CT LEWISBERRY,PA 17339-9646 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) LOGAN L.FOUTS 84 HILLSIDE ROAD MECHANICSBURG,PA 17050 TODD AND LOGAN FOUTS C/O WAYNE PECHT&ASSOCIATES PC PECHT 650 N 12TH ST STE 100 LEMOYNE,PA 17043 TODD M.FOUTS 84 HILLSIDE ROAD MECHANICSBURG,PA 17050 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) TOWNSHIP OF HAMPDEN C/O KEITH O. SNELBAKER&BRENNEMAN PC BRENNEMAN 44 W MAIN STREET MECHANICSBURG,PA 17055 PH#803960 TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG,PA 17055 • ' 6.• . Name and address of every other person who has any record interest in the property and whose interest may be affected by.the • • • safe. . • 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 . ' 5241 DEERFIELD AVENUE • • MECHANICSBURG,PA 17050-6823 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 WENDY J.POLITO,IN HER CAPACITY AS 102 BELLOWS CT EXECUTRIX OF THE ESTATE OF LEWISBERRY,PA 17339-9646 CHRISTINE L.FOUTS HANNAH M.FOUTS,IN HER CAPACITY AS 84 HILLSIDE RD DEVISEE OF THE ESTATE OF CHRISTINE MECHANICSBURG,PA 17050-1710 L.FOUTS LOGAN L.FOUTS,IN HIS CAPACITY AS 84 HILLSIDE RD DEVISEE OF THE ESTATE OF CHRISTINE MECHANICSBURG,PA 17050-1710 L.FOUTS PH#803960 e 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: !!/ l I/ BY' _ )v � /•. � . • Phelan Hallinan,LLP . . Adam H.Davis,Esq.,Id.No.203034 • • • Attorney for Plaintiff • • . PHELAN HALLINAN,LLP . . • • 1617 JFK Boulevard,Suite 1400 . • • . One Penn Center Plaza,Philadelphia,PA 19103 215.563-7000•. • : PH#803960 r c w S� " -, * * * * * 0 2 * * * § I 0 1 Axt ;8p8 r8f4 § A8A - § - a: R - g. i4 - git.1 c4 5- 0X2@gip e6m ,11 , g n t ' R t i! tv a g E ; $Z ►� {Z. G/7 a .. "' , 2 ijgWMIll e "ni : via a 5 3ggml ; g1 ;° 7345›. ; ° ;IPIIFItc," cpqg P5 Pb 22517550 weacg co• 3C > nd i � w I sit ° d M �, ac a ON PHI W L:3 4C4 5(4 2,- -.;g. t G §5..� w a,e'34 05.^ Fl it ' qtr cc . . • .. 1 I ii. tit caw ov�. `" �. ,• f El [ . • 16( .. }' . ,I - • • . . tit-4:• i ' 1 °' •7t U.SP '4 >F TNFYBOWES 1 .E.g . - °4 t3 ;IP., 03 $ 003.50.. • • f ' " • ►>N +� 0001301191 NOV 0'4 2.013 • • t , t. 0 0 Nome and Phelan Hallinan,LLP aI M H Address 16171PK Boulevard,Suite 1400 . Of Sender One Penn Center Plaza " t A eb Philadelphia,TA 19103 • AZRICL�7-12104/2013 SALE p Line Article Number Name of Ae3dressee,Screed,slid Post Office Address'•. J . • 1 • 4... TENANF/OCCUPANi' $045 1 `S t,? • r 5201 DEERFIELD AVENUE $ � 17 iI _q •• MPCIIANICSBUR6.PAI70S46F23 LUM. arm 2 •I•• Cainnwaweaith of Peanryltanla Berate of lndlvldual roses Inheritance Tax Midas 50.45 q 6th Floor,Strawberry Sq. of y 9 e+o Dept 260601 •5 r.toe7 er .••a N•rrlabarlt,PA 37125 .f•y •J Departmem cf Poblk Welfare,TPI,Castaeity Unit,Pciate Rrm•.ry Program SnAS e.`.s., • • PA.Box 8486' • + ttllicw Oak Building • . e • HarrMtarg.PA 1UT5 � i 4 ""' HAf�S1AH M.I'0177'd,In her capacity as Den=of the Estate of CHRISTINE L F'OtrfS B4 HILLSIDE RD ` 36.45 9••, }.a 'l•MECHANICSBURG.PA 17051•Ii10 • . • • •7 •5' rtes 1 OGANL.FOUTS,InMa capacity as Devisee ortr mole ur CHRISTINE LFOU[S 30.45 84IULLSIDE RD • • • _ h1FCHANIC}BURU PA 17059.1710 • • ••6 , tt•• • DUmtslk Markus of . _ • $6.45 • , • {timberland purity - •• 13 Earth H•uover Street. i ,Carlisle,PA 17013 7 •'•• Commonwealth otPennsylvania -- s..: F.'_- .'�--`-°---... _. $0.45 Department ofWellnre P.O.Box 2675 es Ira_rrisbarg,PA 17103 • S •r•r inirrnalRnrrase S.rAce A 4vtatry 30.45 IMO Liberty Avenue Room 704 vr1 Pittsburgh,PA 15222 ` g 9 •••s US.Department of iostke 50.45 US.Attorney for the Middle District of PA e l Federal BuOdl.S • 225 Walnut Street,Smite 220 PO Box 11754 Harrisburg,PA 17109.1754 ..�.. -...,,. ,.. • �Y.14.0i1Tp iM8011�•'�+ter'-=-TIT "8039611/7027 Page I oil. Writ Team S4.0- ' _.—_ -- . Total Number of Tend Noreberof Pieced Pounnn5o.?et Nun of Tie fall decimation of mine nee-vita cosh damrstk am inkmatlOtat regiaerea moll.the matimtn Weaudrypayebe Pieue L:udbySeMrr Received u Pont Oflke Receives Employee) foe the reensauctioo of mnnerotebk doramntxundr Express Maddoatment mo•itualian inrvranre is DOOM lee piece n64eos P.t+tieof 1504000 per ere neernee To manual f.demefty p.ybir on t:.p.r...Mali merehnodi,e it 5300. Tie minim fnitenwhy mythic is 35,00 foe tetlotted m•;i,sae uithopttotai inror.ue.See Domenic Mail 91•1161 _ RS605912 tad Sell fu hnriwiors olcorva7e. - Form 3877 Facsimile _.•(, .t �i�. 11� L.IlU�ryi.Jl �.ik,q CUMBERLAND COU ITY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff VS. Civil Division WENDY J. POLITO, IN HER CAPACITY AS CUMBERLAND County EXECUTRIX OF THE ESTATE OF CHRISTINE : L. FOUTS : No.: 13-1042 Defendant ORDER AND NOW, this Z/` day of M,r*-� , 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 $208,349.64 Interest Through October 31,2013 $16,482.39 Late Charges $226.76 Legal fees $1,900.00 Cost of Suit and Title $499.31 Property Inspections $150,40 Escrow Deficit $5,401.44 TOTAL $233,009.54 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 TH COURT: .?• nt.[46 803960 SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson Sheriff Jody S Smith ��3ttr of e:moi,r4 Chief Deputy _ Y , rLB 28 AM S: Richard W Stewart CUMBERLAND COUNTY ,r, Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Wendy J Polito In her Cap as Exec of Est of Christine L. Fouts (et al.) 2013-1042 SHERIFF'S RETURN OF SERVICE 09/27/2013 12:00 PM - Deputy Jason Kinsler, 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 5201 Deerfield Avenue, Hampden-Township, Mechanicsburg, PA 17050, 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$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $826.59 SO ANSWERS, February 07, 2014 RONR ANDERSON, SHERIFF ?- pd • Co. 9e.A9/_? .:,,: vs.,t s, cso`t,lrn.. • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-1042 Civil Term WELLS FARGO BANK, N.A. vs. WENDY J. POLITO IN HER CAP.AS EXEC. OF EST. OF CHRISTINE L. FOUTS,Logan L.Fouts, Hannah M. Fouts Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-1042,WELLS FARGO BANK, N.A. v. WENDY J. POLITO, in her capacity as Executrix of the Estate of CHRISTINE L. FOUTS owner(s) of property situate in HAMPDEN TOWNSHIP,CUMBERLAND County, Pennsylvania, being 5201 DEER- FIELD AVENUE,MECHANICSBURG, PA 17050-6823. Parcel No. 10-19-1602-008. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$218,820.78. 94 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. r).1;_, }L- ( 1..._ isa Marie Coyne, Ed tor SWORN TO AND SUBSCRIBED before me this 25 day of October,/2//013 Notary NOT ARIAL DEBOS� .N A COSEAL WNS Pd^Ydty`PLbItC ------- [ 28 ISLE BOROUGH,CUPJIBEZ 02014 My Commission Expires Ap The Patriot-News Co. 2020 Technology Pkwy e patriotXeuis 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: 2013-1042 Chill Term 10/13/13 • WELLS FARGO BANK,N.A. vs. 10/20/13 WENDY J POLITO IN HER CAP 10/27/13 AS EXEC OF EST OF CHRISTINE / L.FOUTS Logan L Fouts Hannah M Fouts • . • Atty: Joseph Schalk By virtue of a Writ of Execution No.13-1042 WEI.LS FARGO BANK,N.A. Sworn to an.l ubscribed before mek 3\111 day of November, 2013 A.D. WENDY J. POLITO, in her capacity as, IN. :Executrix.of the Estate:of.CHRISTINE`L:' I $ \. %! / FOUTS owner(s)of property situate in HAMPDEN Nota ■ Public TOWNSHIP, CUMBERLAND County, Pennsylvania,being 5201 DEERFIELD AVENUE, MECHANICSBURG,PA 17050-6823 Parcel No.10-19-1602-008. �ti + (Acreage or street address) N 1N' ',` � _'•P'_L 1 ' P INS(LVANIA Improvements thereon: RESIDENTIAL "yea! DWELLING i-'otty f_y?^!".`' p q'otary Pt?hlic Judgment Amount:$218,820.78 { ' ` " Dluehin County Nly Losnm,ssion Ex{'=ices Dec.12,2016 MENBF'<, LVANL1SSOCJAT1OU 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 Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 27th day of August,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1042, at the suit of Wells Fargo Bank,NA against Wendy J. Polito as Executrix of the Estate of Christine L. Fouts is duly recorded as Instrument Number 201404227. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. D/-7 14/U C 1 . _.� f �) De/9071/ Recorder of Cumberland Carlisle,PA Recorder of Deeds My Commission Expires the First Monday of Jan.2018