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HomeMy WebLinkAbout13-1217 l~l3 h4A~? -5 A!~ 10~ 2Q ~;~~'~i:i ~Lr"~?JJ COUNTY ~~i~`~SYLV~NIA PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 /~ Plaintiff, NO.: j ~j ~ ~ OC ~ ~ //~~ vs. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, KAREN G. PULICE, is an individual whose last known addres~~ is 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137. ~'~~~ ~~ a~ ~~ n A 062-PA-V3 ~ ~ ~ A o 3~ 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is mazked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 10, 2012, KAREN G. PULICE made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $71,750.00 on the premises described in the legal description mazked 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. 201214943. 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 aze of public record. 5. Plaintiff is the current Mortgagee. 6. KAREN G. PULICE is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due October 1, 2012. 062-PA-V 3 8. As of 02/15/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $71,452.31 Interest $ 1,381.78 09/01/2012 through 02/15/2013 Late Charges $ 70.60 Property Inspections $ 30.00 TOTAL $72,934.69 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This 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 sepazate legal action if such right exists. If Defendant(s) have received a dischazge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $72,934.69, 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: Jo ael Kolesnik, Esq., Id. No.308877 ornev for Plaintiff 062-PA-V3 Exhibit "A" NOTE MAY lo, zo12 lrkdc) IC~~Y] lstatc] 1701 FISHER ROAD, D~CHANICSBITRG, PA 17055 [I'ropcrty Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. ~ ******71, 750.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FiELL3 FARGO BANK, N. A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Intecest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4.250 %. The interest rate required by this Section 2 is the rate I will pay both before and aljer any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place e! Paymenkv I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIR8T day of each month beginning onJIILY Ol, 2012 , I will make these paymrnis every month until I have paid all of rho principal and interest and any other urges described below that I may owe .under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JiJNE Ol, 2042 , I still owe amounts under this Note, I will pay thdse amounts in full on that date, which is called We "Maturity Date." I will make my monthly payments att~iEI,L3 FARGO HOME MORTGAGE, P . O. BOX 11701, N~Ei11ARR, NJ 071014701 or at a different place if required by the Note Holder. (B) Amount o! Monthly Payments My monthly payment will be in the amount of U.S. ~ ****352.97 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they arc due. A payment of Princip>~l only is known as a "Prepayment." When I make a Prepayment, 1 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 Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. .rams rt~wwr rmsnwi ssn~ VMPSTATE FIlCEO RATE NOTE - Sinpls Family - Fermis MaalFnddis Mac UNIFORM INSTRUMENT _ /~yQ ~ ~~ 1)~ NMFt. 7 1 InitiaH: J,,(~." !_ P~ i o!3 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other Ivan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to redact the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAII.URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note I-Iolder. The amount of the charge will be 5.000 °/a of my overdue paymen! of principal and interest. t will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the foil amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I um in default al a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the tight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable taw. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to meat the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THLS NOTE If more than one person signs this Note, each person is fully and personally obligated Eo keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations; including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Nole. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. V~ ®TATE FIXED RATE NOTE - Singla Family - Fannb MaNFrsdd(e Mae UNIFORM INSTRUMENT ~ ~ (~ ~ 3ypp »p~ Waltsa Kluwer F'aiancial Senricss Initials: ~].ti~ Peps 2 of 3 10. WIFORM SECURED MOTE 'Chic Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note 1•Iolder under this Note, a Mortgage, Deed of Trust, or Security Decd (the "Security Instrument"}, dated the same date as this Note, protects the Note I•Iolder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions arc described as follows: If all or any part of the Property or any Interest in the Property is sold or trwsferred (or if Borrower is not n natural person and 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 give Borrower notice of acceleration. The notice shall provide a period of not less than 3t) days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower failza to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEALS} OF THE UNDERSIGNED. . c - . •v~'„ ~ r _ ' `" (Seal} .. ' ; ~ +• (Seal) R7ilR>Z G PtTLICE -Borrower ~ ~ -Borrower . (Seal) -Borrower (Seal) -Borsowcr -(~1) -Borrower 1 ' . Z :S ' !_ '.. J 'r .. ~~~~4 .1 a!.S.t; i -(~1) -Borrower (Seal) -Borrower (Seal) -Borrower [Sig-r Origi;'ral Only) ~TiBTATE FIXED RATE NDTE - Single Family . Fannk MaNFnddio Moe UNIFORM INSTRUMENT Farm 3200 1m/ YIloIMa Klrewor Finandal Soroiao VMPSN 1po03~OD Pape 3 of 3 wiTHOUT R~couRSE PAY TO THE'ORDER OF WELLS FAR~K, N.A. BY - ``r'' -....- SgN{UEL C. SHEILEY, fiEN10R V' PAS ~ 6 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from Route 15 to the Williams Grove Road, at corner of lands, now or formerly, of Claza Hopple; thence by the aforesaid center line North fifty-nine (59) degrees fifteen (15) minutes West eighty-nine and one tenth (89.1) feet to a point on the center line at its intersection with the center line of another public road leading to the Chestnut Hill Cemetery; thence by the center line of the last mentioned public road, North thirty (30) degrees East one hundred forty-eight and five tenths (148.5) feet to a point on said center line at corner of lands of the aforementioned Claze Hopple; thence by said lands of Claza Hopple, South fifty-nine (59) degrees fifteen (15) minutes East eighty-nine and one tenth (89.1) feet to a post at other lands of the said Clare Hopple; thence by said other lands of Clare Hopple South thirty (30) degrees West one hundred forty-eight and five tenths (148.5) feet to a point, at the place of BEGINNING. CONTAINING .3 acres of land and having thereon erected a one and one-half story dwelling house known and numbered as 1701 Fisher Road, Mechanicsburg, Pennsylvania. PROPERTY ADDRESS: 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137 PARCEL # 42-10-0644-030. File #: 315935 VERIFICATION Jasmin McLean, hereby states that he/~ is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/s~ is authorized to make this Verification, and verify that the statements made in~~the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of his/~ie~j 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. Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/19/2013 086-PA-V2 File # 315935 FORM 1 WELLS FARGO BANK, N.A. vs. KAREN G. PULICE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) Defendant(s) "' ~ ~ ~ Civil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM ~, ~ ~.". G `~ ~~ ~ ~ ~;~~ ~~ cr FORECL.T ~; ~ You have been served with a foreclosure complaint that could cause you to lose your home. G,.,, _...; :~" -~"; ~.;.. ~~s _..€ ~-~ ~`,. ~. ~ ~' ~ , ~- ~, If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representtive with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days ofthe service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 3/yj3 Date Respectfully submitted: hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the properly for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: Office: Other: State: Zip: How long? State: Zip: Home: Cell: Office: Other: How long? Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Value: Automobile # 1: Model: yew; Amount owed: Value: Automobile #2: Model: yew; Amount owed: Value: Other transportation (automobiles, boats motorcyclesZ Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net. 2. Monthly Gross Monthly Net. 3 • Monthly Gross Monthly Net. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ezuenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ent s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueUre airs Other ro . a ment Install. Loan Pa ment Cable TV Child Su ortlAlim. S endin Mone Da /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): Fes; Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations:. Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named .. Borrower Signature Co-Borrower Signature Phone: Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 #: 315935 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F I LL "° Sheriff THE PR0TH0N0"` ;` Jody S Smith F, 2013 MAR 20 PM 3: Q 7 Chief Deputy ; Richard W Stewart ° EPAN taNi Solicitor OFF CE OF TAE=k RIFF PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Karen G Puiice 2013-1217 SHERIFF'S RETURN OF SERVICE 03/13/2013 11:10 AM-Deputy Tim Black, being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Karen G Pulice at 1701 Fisher Rd., Monroe Twp., Mechanicsburg, PA 17055. TIMSLACK, DEPUTY SHERIFF COST: $38.00 SO ANSWERS, �r March 14,2013 RbNW R ANDERSON, SHERIFF {r,)iounty5uRe Sheriff,Teieosoft.inc. PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY C-1 VS. COURT OF COMMON PLEAS rn M =r: KAREN G.PULICE CIVIL DIVISION <> CD Qj No. 13-1217 C") ZC (7) r I C) :Z is 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 KAREN G.PULICE 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 $72,934.69 TOTAL $72,934.69 1 hereby certify that(1)the Defendant's last known address is 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137, and(2) that notice has been given in accordance with Rule Pa.R.CT 237.1. Date Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 15�3 ///.3 PHS 4 315935 PROTHONOTARY -0, C#13/M/4 4 ita-?1174315935 PHELAN HALLINAN, LLP Attorney.for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY ; ot) VS. COURT OF COMMON PLEAS.,-:U CO r" KAREN G.PULICE CIVIL DIVISION > No. 13-1217 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 KAREN G. PULICE is 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 KAREN G. PULICE is over 18 years of age and resides at 1701 FISHER ROAD, MECHANICSBURG,PA 17055-5137. 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 . 1,617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia,PA 191.03 215-563-7000 315935 Department of Defense Manpower Data Center Results as of:May-30-201312:07:18 SCRA 3.0 status Report Pursuant to Scry cemombers C ivil RoIi��rlct Last Name: PULICE First Name: KAREN Middle Name: G Active Duty Status As Of: May-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NA 0 This response reflects the mdiv duals active Duty 5W5t based on the Active Dutrstatus Date a t Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date - Active Duty End Date Status Service Component NA 'NA N0 NA This response reflects where the individual left acllve'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+7 NA NA. - No NA This response reflects whether the individual orhislher unit has received"eady notification to report for active Bury Upon searching the data banks of the Department of Defense Manpower'Data`Ceriter,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 041125 Arlington,VA 22350 ti C-) WELLS FARGO BANK.,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION - v KAREN G.PULICE NO. 13-1217 �� W Defendant(s) �--- CUMBERLAND COUNTY TO: KAREN G.PULICE > ` 1701 FISHER ROAD Cif -- MECHANICSBURG,PA 170515-5137 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCIIARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE, SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 ( Al ;ISLE.PA 17013 17)249-3166 By.. JUqhF ohesl�i,Esq., Id.No.200392 Ator Plaintiff Phelan liat1'inan,.LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PIIS#3159.35 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KAREN G. PULICE CIVIL DIVISION No. 13-1217 Notice is given that a Judgment in the above captioned matter has been entered against you on 3 3 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. - 315935 FiLEO-OFFICE OF THE PROTHONOTARY 2013 .11 N 10 PM 1: 11 CUMBE-RLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Term KAREN G.PULICE No. 2013-1217-Civil 1707 FISHER ROAD MECHANICSBURG,PA 17055-5137 Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 5, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due October 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 13, 2013, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 315935 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. Due to Defendant's failure to opt in to the program, Plaintiff inadvertently proceeded with the filing of judgment prior to lifting the stay imposed by the Diversion Program on May 30, 2013. 8. Defendant received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendant opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tunc and the judgment confirmed. 315935 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nunc pro tunc, and the default judgment filed May 30, 2013 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: t BY: aAffoleVyor halk,'Esquire Plaintiff 315935 Exhibit A rT.trn oA 7�f•'� N PHELAN HALLINAN, LLP ATTORNEY FOR PLWRd&F -� John Michael Kolesnik, Esq., Id.No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 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.: 3-1a�1 U.01 vs. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 Defendant. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD,FORT MILL, SC 29715 (hereinafter"plaintiff'). 2. The Defendant, KAREN G. PULICE, is an individual whose last known address is 1701 FISHER ROAD,MECHANICSBURG,PA 17055-5137 { 062-PA-V3 3. WELLS FARGO BANK,N.A., directly or through an agent; has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 10, 2012, KAREN G. PULICE made, executed and delivered to WELLS FARGO BANK,N.A. a Mortgage in the original principal amount of$71,750.00 oil 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. 201214943. The Mortgage is-a matter of public record and is incorporated herein by,reference in accordance with Pa.R.C.P. 1019(g), which.rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5'. Plaintiff is the current Mortgagee. 6. KAREN G. PULICE is record and real owner. of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter ilia, failure to pay the monthly installments of principal and interest due October 1, 2012. 062-PA-V3 i S. As of 02/15/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $71,452.31 Interest $ 1,381.78 09/01/2012 through 02/15/201.3 Late Charges $ 70.60 Property Inspections $ 30.00 TOTAL $72,934.69 plus interest.and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably'incurred by Plaintiff including but not.liinited to, costs (including escrow advances) and Plaintiff s'attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due.and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rein 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 Defendants) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 06241A.-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$72,934.69, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' Bees acid costs and for foreclosure and sale of the mortgaged premises. By: Date: 3 to T, 'io'hael K:olesnik, Esq., Id. No.308877 't,orne<for Plaintiff 0624"AN3 Exhibit "A" (F) Notice of Changes The Note Holder will deliver or mail to me a noliee of any changes in my interest rate mad the amount of my monthly payment before the effective date.of any change.The notice will include information required by law to be given to file and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they nre due. A payment of Principal only is known as a "Prepaynfent." When I make a Prepayment,I will tell the Noie Holder in writing that I am doing so. i may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note, I nlay make a full Prepayment or partial Prepayments without.paying any Prepayrietil charge.The Note Holdcr will use my'Prepayments to reduce rho amount of Principal that I owe under(his Note. However,the Note Holdcr MY apply my Prepayment to the accrued and uripaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. 1f 1 make it partial Prepayment,there will be no changes in the due dates of my monthly payments unless the Note Holder Agrees 'ui writing to those changes.My partial Prepayment may reduce the amount of my monthly payments after the first 01:1119c flare following my partial Prepayment.However,any reduction clue to my partial Prepayment may be offset by an interest rate increase. G. LOAN CHARGES It' a law, which applies to this loan and which sets maximum loan charges.is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the..permitted limits, then. (a) any such loan charge shall be reduced by die amount necessary to reduce tie charge to the permitted limit; and (b) any sutras already collected from me which exceeded permitted limits will be refunded tome.The Now Holder may choose 'to make this refund by ircluaing the Principal I owe under this Note or by maldltg a direct payment to me. If a refiind reducci Principal,the reduction will be treated us a partial Prepayment. 7. BORROWER'S FATLURE TO PAY AS REQU1 RED (A) Late Charge);for Overdrie Payments 'if the Note Holder has not•received die full amount of any-tnonthly payment by die end of FI)~I'FFN calendar days after die date it is due, 1 will pay a late charge to the Note Holder.The a Jnounr of the charge will be 5.0%of my overdue payment of principrl and interest.1 will pay this late charge promptly but only once on caclf)ate payment. (11) I)efault If 1 do not pay the full amounr of each monthly payment un the date it is due,I will be ill default. (C) Notice of Default it' I am In defittir, the Note Holdcr may send me a written notice telling me'that if I do not pay the overdue amount by a certain time.die Note Holder may require me to pay immediately the full aniouni 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 dare on which the notice is mailed to inc or dc)ivered by other means, (D) No Waiver by Note Holder rven if, at a tune I am W default,the Note Holder does nor require nre to pay unmcdiately 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, (F) Payment of Note.Holder's Costs and Expettses if the Note Holder has required file to pay in full as described above,the Note Holder will have file fight to he paid back by me for all of its costs and expenses in enforcing this Note to the extent nor prohibited by applicable law. Those expenses include, for exaniple,reasonable attorneys' fees. S. GIVING OF NOTICES Unless applicable law requires a diftcrcnt niched, any nonce dial must be given to me under this Note will be given by delivering it or by mailing it by first class mail to file at do Properly Address above or at a different address if 1 give the Note Holder a notice of my different address. Any nuticu illal must tx:given to[tie took.)Molder under this.'Vote will be given by delivering it or by mailing it by first elass mail to the Note Holder st the address stated in Section 3(A)above or;it a diffeicm address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more dual one pc,soil signs this Note,cacti prr.son is fully and personally nbligared to keep all of the promises made in this Note, includin.- the promise to pay the tull afnonnt•ntved Any person who is a guarantor, surety or endorser of this Note is also obligated to do thcsc diings,Any person who liikcs over these obligations, including the obligattinis of a guarantor, Surety or endnrser of this Note, !s also mitigated to keep all of the pianhi}es made in this Note. The Note Holder may eldmce its rinhLs under this Note against caeh person individually or;against fill of ns iogeilher.This means that any one of us niay be required to pay all of die an'founts owed under this Note. 10.WAIVruS I and any other person who has obligations under this Notc waive the rights of Presentment and i\oder.of Dishonor. "Presentment" means the right to require the Note Holder to denhand payment of amounts due. "Noduc of Dishonor" means the right to require the Note Holder,to give imice to other persons that amounts due have not been paid. 11.UNIFORM SPCL'RFD NOTE This Note Is a uniform instrument with limited variations in same.jurisdictions. In addition to die protections given to the Note Holder under this Note,a Mortgage, Deed of T7usr,fir Security Deed(rile "Security instnnnerI ),dated the same date as this Note, protects the �oic Holder frmn possible tosses which might result if 1 do not keep Ole promises that 1 make in this Note. That Security histrumeut desurib s how and under what conditions I may be required to make immediate payment in full of 111 amounts I owe under this Non;, Sonic of those conditions are described as follows: IMUMS A11'AU.iIMAnLERA rH N(YtI`!Llti(lJl lad¢;ice;iuu;;;! ;d!v-}'r,d0i;pale Ric 1111!'!{tr IN<r9(!)ii WNI t5um 35M !!el 1),.Sv2 o!J.—kld Trityisfer of the Propetty or a Beneficial Interest in Bi)rrnwer. If all Or any part.of the Property or any Interest in the Property is sold or rransferrcd(or if BorTott'er is not a natural.person and a beneficial interest in Borrower is sold or transferred) without Lender's rrli)r wrimun eonse.nt.,. Lender may require inimcdiare payment in full of all sums secured by Uricccut iiy irtsfrumciit,.']:#owCltei,tills option shall not be exercised by Lender if such exercise is prohibited by..A iic'ible Tul-w.-1-ajl&r riot cxcrciSc this option)f (n) Borrower causes to be submitted to Lei .r,inflarntatirFh r~qusi ct.Eav.f.ctit7ci Iii evaluate die intended transferee as it a new loan were being made to the transferee; and(h)Lender reasonably determines that Lender's security will nor. be impaired by the loan assumption and that the risk of a brcach'of any covenantor agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonablc fee as a condition to Lender's consent to the loan assumprion. Lender may also require the uattsferce to sign an assumption agreement that is acceptable to bender and that obligates the tratuferee to keep all the promises and agreements made in the Note and in this Security lustrumeni.Borrower will continue to be obligated under the Note and this Security frimn)menl unless Under releases Borrower in writuig. If Leader exercises die option to require inuncdiate payment at full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less Ulan 30 days hortl Ute date the nu(.iee is given in accordance will Section I5 within which Borrower must pay all sums secured by this Security Insmunent.if Borrower fails to piy these suins prior to the expiration of this period.L order may invoke,my remedies permitted by this Security Instrument without further notice or demand on Borrower, Wft:VESS THE FTANI)N),AND SI:nL(S)Or THF•UNDERSIGNED. L 'N EC UQ't3)tTA� dioumYet . tSctil) . ' l5rgn Urrgbrol Unryl PA Y TO TH B OR V ER OFF WITH01,H'RECOURSE DECISION ONE MORTGAGE COMPANY, LLC BY: _ R111L17iTA.Tri nnn;S'rAa1.F•n,t'rF:`qTF.It,IaOR Imlca)••Sc pL,rrmil•F-frrA4c 4fnc Morn(w}iNi,rPormriN'r Fnr,n.YSDll Vol. npn?r 1 of) PREPAYMENT RIDER TO NOTE THIS PREPAYMENT RII)CR is made thk, 211`1°11 day of J 1[Y (}05 mid is incorporated into and shall be decal Cd w antefid entt 1supplatncnt the Note:of ilit:stttne dcitu given by the undersignod(the''Borrower")in favor of necisfuu One loorigi+ge.Cotti;pnnrr i.Lc QI G",jxa(I(:r,,). 5. RORMATR'S RIGHT TO PRFPAY 1 have the riallt to make payments of principal at any time before they are due. A payment of principal only 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 A the moodily pavnients-due under the Note. I tntly Make n partial fimpnyment evllhc)tr(.(t:lyh%,nY(trppaylttent chvep. If I.loakr;l full Prepayment within urt (1) y nr:or rite rl:cte of this Note,1 agtnc to pay a prepayment charge or„5L of the odginal nehicilml antutun. of 1116 Ituun; i('I iiirtkc a full prepitpmunt more than on'c(I)year Wit within two(2)years or'rite date of Iltis Noic I agree to Puy u prelt€ryrnou Owilte of S%Cite t1µof ijliii"d princip:€1 amouul or rite 10311. 77te NO.te Holder will use my prepuyincnrs to reduce tilt:animmt of pr ncipoi_t11ut 1.rsw a unticr ihis Nt1re, k}ukvtr, the ,tiOiC Hiaiifcr, 'iliay Apply my Prepayment to the accrued and unpaid interest on the prellyiymant itrnoaur, before alsplyirty my iPtepaymenr to reduce the Principal amount cif the,Note, if I ritufte. pnniai piali rynlcnt_, .there vrill tit* no..cli7nl;r.'s l:r the due dole or in the amount of my nionUtly payment unless the Note Holder agrees in writing to Choi e e Bran{es.Niy partial prepaytncnt may reduce the amount of my monthly payments after the first Choate Dary tbflowing my partial prepayment. However, any reduction due to my partial prepayment tray be offfiCr by:an interest faro increase. BY SIONINQ BF.t(iw, Borrower accepts and agrees to the telms and provisions contaitred in this Prepayment Rider. LY N 1t L:1. ll Borrower — . ......_..__...._,......+ fiSeal) • annowor (Seal) . - ___ •Dnrmu�r PKKNSYLv;tNfA PREPAYMENT RIDER•ADJUNTABLE RATE,FIhSr MIORTGAGii Exhibit "B" THENCE on an.arch of a curve with a.radius:of 120 feet to the left of 32.14 feet along line of Patton Road to a point, THENCE South 82 degrees 28 minuses 58 seconds Fast for 26.16 feet along Patton Road to the point of beginning. Containing 0.532 acres, more or less. BEING the same premises 'which Robert P. Schmidt and Mildred L. Schmidt,husband and wife, by deed dated September 23, 2000 and recorded September 27, 2000 in the Office of the Recorder of Deeds for Monroe County Pennsylvania, in Record Book 2084 at Page 8299 granted and conveyed unto Carol S.,Ridgeway. PROPERTY ADDRESS: 7 PATTON ROAD A/K/A 4 PATTON ROAD, A/K/A 19 SEERMAN DRIVE,TOBYHANNA,PA 18466 *PARCEL# 03/4A./2/57/03-6356-02-95-3580 11)2357 VERIFICATION Jasmin McLean, hereby states that he 6 is Vice President Loan Documentation of WELLS FAR.GO BANK,N.A., plaintiff in this matter, that he/so is authorized to make this Verification, and verify that the statements made in the foregoing Civil. Action in Mortgage Foreclosure are true and correct to the best of his/6 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. Ndta' Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 02/1.9/2013 086-Ply-V2 File!r 315935 FORM.1 IN TH—E COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. KAREN G.PUL.ICE 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 a lawyer,you must take the following steps to be eligible for a conciliation.conference. First,within twenty(20)days of your receipt of this notice,you must contact M.idPenn Legal Services at(717)2439400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representdve with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a .Request for Conciliation Conference with the Court,which must be filed with the Court within sixty.(60)days of the service,upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender fit an attempt to work out reasonable ariangenients 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 eopciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.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. within sixty (60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before ft,mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MIDST ACT QUICKLY AND TAIC.E THE STEPS REQUIRED BY T141S NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: _ 3 y Date 651n Michael Kolesnik,Esq.,1d. No.308877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common.Pleas Docket#____ BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICANT 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 171 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: 1I0111e: Office: _ Cell: Other: .Email: #of people in household: How long? INFORMATION FINANCIAL First Mortgage Gender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage:Payments Amount.: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No ❑ If yes, provide names, location of cbu11., case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#I: 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: 1. Monthly Gross Monthly Net 2.. • Mon-thly Gross Monthly Net 3, Monthly Gross Monthly Net Additional•Income Description (not wages): 1 , trac ntliN 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._._. _....__ 2i1 Mort a e Utilities Car Payment S Condo/Nei h. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop.payment Install. Loan Pavment Cable TV Child Support/Alien. S2eDding Money Day/Child Care/TLllt. _ 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 ❑ No ❑ If yes, please indicate the status of the application:_ _ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those'negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): _Phone: Servicing Company(Name): Contact: Phone:_ I/We, _,,authorize the above named to use/refer this information to my:lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named_ Borrower signature M Date Co-Borrower Signature Date Please forward this'document along with the following information to lender and lender's counsel: I.. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of.a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a�p�v a1 EuipL�r�bb. Jody S Smith c Chief Deputy Richard W Stewart Solicitor OFF ice OF THE SHEMrF Wells Fargo Bank, N.A. Case Number vs. a Karen G Pulice 2013-1217 I SHERIFFS RETURN OF SERVICE 03/13/2013 11:10 AM-Deputy Tim Black, being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by"personally"handing,.a true copy to a person representing themselves to be the j Defendant,to wit: Karen G Pulice at 1701 Fisher Rd.,Monroe Twp.,Mechanicsburg, PA 17055. TIM LA K, DEPUTY i SHERIFF COST: $38.00 SO ANSWERS, March 14,2013 RbNIV R ANDERSON,SHERIFF (c)Gounly$uite Shenll,Teleosofl Inc, 4 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Tenn KAREN G.PULICE No. 2013-1217-Civil 1707 FISHER ROAD MECHANICSBURG,PA 17055-5137 Cumberland County Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: KAREN G.PULICE 1707 FISHER ROAD MECHANICSBURG,PA 17055-5137 Date: (o Bgos JP. chalk, Esquire Plaintiff 315935 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 Vs Term KAREN G.POLICE No.2013-1217-Civil 1707 FISHER ROAD MECHANICSBURG,PA 17055-5137 Cumberland County Defendant ORDER AND NOW, this j I day of *TV%A- 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. 1-1 -.0a A44 J. MM ;rrrI r C'- CD C-) 315935 C CC : Karen G. Pulice 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 KAREN G.PULICE 1707 FISHER ROAD MECHANICSBURG, PA 17055-5137 R 315935 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.: 13-1217 KAREN G. PULICE Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $72,934.69 rn 0;3 c-- r-; Interest from 06/01/2013 to Date of Sale $2,242.13 cTi,71)r- a Cri .^‹ ($11.99 per diem) r- xls cp — .. —1 TOTAL $75,176.82 Phelan Hallinan,T,T,P - Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS#315935 a‘,,\A. ?,3b 9g co . 5 111 . 5011 " 1711 .')-S P j 4D.,aSt" 6. so eft cig-)049 bovi-1- 01 .ztr, LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township,Cumberland County,Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point in the center line of the public road leading from Route 15 to the Williams Grove Road,at corner of lands,now or formerly,of Clara Hopple; thence by the aforesaid center line North fifty- nine(59)degrees fifteen(15)minutes West eighty-nine and one tenth(89.1)feet to a point on the center line at its intersection with the center line of another public road leading to the Chestnut Hill Cemetery;thence by the center line of the last mentioned public road,North thirty(30)degrees East one hundred forty-eight and five tenths(148.5)feet to a point on said center line at corner of lands of the aforementioned Clare Hopple; thence by said lands of Clara Hopple, South fifty-nine(59)degrees fifteen(15)minutes East eighty-nine and one tenth(89.1) feet to a post at other lands of the said Clare Hopple; thence by said other lands of Clare Hopple South thirty(30)degrees West one hundred forty-eight and five tenths(148.5)feet to a point,at the place of BEGINNING. CONTAINING .3 acres of land and having thereon erected a one and one-half story dwelling house known and numbered as 1701 Fisher Road,Mechanicsburg,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Karen G. Pulice, single woman, by Deed from Richard J. Magaro, single man, dated 11/12/1985,recorded 11/13/1985 in Book 31-P, Page 37. PREMISES BEING: 1701 FISHER ROAD,MECHANICSBURG,PA 17055-5137 PARCEL NO.42-10-0644-030. PHELAN HALLINAN, LLP Attorneys for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 y ;`r 1617 JFK Boulevard, Suite 1400 HE F Rij 1 H0N0 1 , One Penn Center Plaza Philadelphia, PA 19103 2013 JUL -5 AM 10: € 6 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION v. : NO.: 13-1217 KAREN G. PULICE • 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: Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. z- , ▪ COURT OF COMMON PLEAS • Plaintiff _ P ;fJ[;11Y,i0 TAi, . • • ` • CIVIL DIVISION v. ;:013 JUL -5 1110: 1 • CUMBERLAND COUNTY ▪ NO.: 13-1217 KAREN G. PULICE PENNSYLVANIA • • Defendant(s) • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1701 FISHER ROAD, MECHANICSBURG,PA 17055-5137. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KAREN G.PULICE 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KAREN G.PULICE 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 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) PNC BANK,NATIONAL ASSOCIATION CONSUMER LOAN CENTER,2730 LIBERTY AVENUE PITTSBURGH,PA 15222 PNC BANK,NATIONAL ASSOCIATION 6750 MILLER RD ATTN: CATHERINE G THOMPSON MS BR-YB58-01-B BRECKSVILLE,OH 44141 PNC BANK,NATIONAL ASSOCIATION 2730 LIBERTY AVENUE CONSUMER LOAN CENTER PITTSBURGH,PA 15222 COLLATERAL DEPARTMENT 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. PHS # 315935 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. r 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 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: JUL e 3 2013 By. Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #315935 WELLS FARGO BANK,N.A. ` ,r: 4,) ) ; iQli3 1 F''' ' : COURT OF COMMON PLEAS r f 5 �� i 10: (Ilaintiff : CIVIL DIVISION • vs. �x1�,t:hLIat CGUtirs. CU MBE NO.: 13-1217 KAREN G. PULICE Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 1701 FISHER ROAD,MECHANICSBURG,PA 17055-5137 is scheduled to be sold at the Sheriffs Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$72,934.69 obtained by WELLS FARGO BANK,N.A.(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1217 WELLS FARGO BANK,N.A. v. KAREN G. PULICE owner(s) of property situate in the UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137 Parcel No. 42-10-0644-030. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $72,934.69 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township,Cumberland County,Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point in the center line of the public road leading from Route 15 to the Williams Grove Road,at corner of lands,now or formerly,of Clara Hopple;thence by the aforesaid center line North fifty- nine(59)degrees fifteen(15)minutes West eighty-nine and one tenth(89.1)feet to a point on the center line at its intersection with the center line of another public road leading to the Chestnut Hill Cemetery; thence by the center line of the last mentioned public road,North thirty(30)degrees East one hundred forty-eight and five tenths(148.5)feet to a point on said center line at corner of lands of the aforementioned Clare Hopple; thence by said lands of Clara Hopple, South fifty-nine(59)degrees fifteen(15)minutes East eighty-nine and one tenth(89.1)feet to a post at other lands of the said Clare Hopple; thence by said other lands of Clare Hopple South thirty(30)degrees West one hundred forty-eight and five tenths(148.5)feet to a point, at the place of BEGINNING. CONTAINING .3 acres of land and having thereon erected a one and one-half story dwelling house known and numbered as 1701 Fisher Road,Mechanicsburg,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Karen G. Pulice, single woman, by Deed from Richard J. Magaro, single man, dated 11/12/1985,recorded 11/13/1985 in Book 31-P, Page 37. PREMISES BEING: 1701 FISHER ROAD,MECHANICSBURG,PA 17055-5137 PARCEL NO. 42-10-0644-030. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1217 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 KAREN G. PULICE (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $72,934.69 L.L.: $.50 Interest FROM 6/1/2013 TO DATE OF SALE($11.99 PER DIEM)-$2,242.13 Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: 7/5/13 David D. Bue 1,Prothonotagn (Seal) Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL,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. 308912 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY - WELLS FARGO BANK,N.A. PH#809694 DEFENDANT SERVICE TEAM/lxh KAREN G.PULICE COURT NO.:13-1217 SERVE KAREN G.PULICE AT: TYPE OF ACTION CD 1701 FISHER ROAD XX Notice of Sheriffs Sale n d MECHANICSBURG,PA 17055-5137 SALE DATE: December 4,2013 C GO SERVED rn 2c� r�� tom— OC fD and made known to KAREN G.PULICE,Defendant on the 22 day of 20�,at N D �o clock .M,at $Hf'CL�OI$1t7 ,in the manner described below:fendant personally served. GD =ult family member with whom Defendants)reside(s). , Relationship is C- -Adult in charge of Defendant's residence who refused to give name or relationship. .4 x —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 Clt S Height Weight � �S Race+! ex F--Other I,A '" MVWN ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE:�`��3 NAME: ,�gi.�pp� PRINTED NAME: WIZU N Qf-1e--PN TITLE: P CC S S $EleA&-iZ NOT SERVED On the day of ,20_,at o'clock_M.,I, a competent adult hereby state that��endYant because: _Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: 1 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 OFFIC r PPOTHONO Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTO# 'I g; 'OF P itff141lF 1617 JFK Boulevard, Suite 1400 UM3EF LAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas Plaintiff Civil Division v. • CUMBERLAND County • KAREN G. PULICE • No.: 13-1217 • 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 March 5, 2013. 2. Judgment was entered on May 31, 2013 in the amount of$72,934.69. 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. 809694 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 $71,452.31 Interest Through October 4, 2013 $3,314.74 Late Charges $70.60 Legal fees $1,650.00 Cost of Suit and Title $473.75 Property Inspections $30.00 Escrow Deficit $3,149.10 TOTAL $80,140.50 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Stay dated June 12, 2013 . 809694 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: ( O 7/3 By: _ �� onath.• . E owicz, Esquire - ORNEY FOR PLAINTIFF 809694 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 KAREN G. PULICE • No.: 13-1217 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KAREN G. PULICE 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 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137. 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. 809694 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 809694 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 809694 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 809694 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. 809694 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. 809694 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. 809694 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: t 0/Z// By: �A ' J na_•: M. Etkowicz, Esquire Attorney for Plaintiff 809694 Exhibit "A" 809694 1 PHELAN HALL1NAN, LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. Attorney File C'PRJRT OF COMMON PLEAS Please Return KAREN G.PULICE CIVIL DIVISION ; - No. 13-1217 im a3 r? cnr- > w X"a <0 4 —e x o n. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO z a z=' ANSWER AND ASSESSMENT OF DAMAGES =' -°-rte -"1 c) Y TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KAREN G.PULICE, 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: Attorney File Copy As set forth in Complaint please Return $72,934.69 TOTAL $72,934.69 I hereby certify that(1)the Defendant's last known address is 1701 FISHER ROAD, MECHANICSBURG,PA 17055-5137, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date !!1727.17 J 6,1e (i/0"1• ‘ Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: s'/31/12 CW a _ PHS#315935 q�-`ati k tt PROTHONOTARY r. 315935 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23`d,2013 KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 RE: WELLS FARGO BANK,N.A. v. KAREN G. PULICE Premises Address: 1701 FISHER ROAD MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 13-1217 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V°ry rul /Ater r rio J an Etkowicz,Esq.,Id.No.208786 rney for Plaintiff Enclosure 809694 Exhibit "B" 809694 • ca vi Name and Phelan Hallinan,LLP a Address 1617 JFK Boulevard,Suite 1400 �' Of Sender One Penn Center Plaza z 't"+'i ii 18 g Philadelphia,PA 19103 KVM Line Article Number Name of Addressee=Street.and Post Office Address Postage % I ** * KAREN G.PULICE $0.46 1701 FISHER ROAD r_ MECHANICSBURG PA 17055.5(37 �t_� 4 RE:KAREN G.PULICE(CUMBERLAND) PH a#80969411200 Page I of 1 $0,46 to �:. 9. n ra o , Taal Rather of 'Teeat dumber of Pieces Postmaster,Pa Name of The full decimation of rah<is teq.urrd on stl domestic and intenuuond segistesed mail The mate.' ne' b Pies i Listed by Sender 1 Reeinved et Post Office Receiving Emplpyec) for the tuenstnctien of nunnegmiabk document*mks Express Mart Jocumem reptnsor anon�nauc -'*••t V1,1•2,4;1,K Aa piece subject to a limit off 4tH1,OP7 per aarinmtae.The maximum t�mnny irsyible on baptrss�!a ,�� r The maximum iodemmdy patatk t S_.00O lot rcgsstctod ml,sees out,nn000at.sunnce.Sco ik a : 9900 5913 end S921 tot'mundon,=t coverage P,. Form 3877 F:csimite _.� ,':211 1 $, ::: ,1 .s ,,. ..... . 809694 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 • KAREN G. PULICE • No.: 13-1217 • 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. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Phelan Hal inan, LLP DATE: t0 13 By: ■ I Ali Jo Oran M. Etkowicz, Esquire ATTORNEY FOR PLAINTIFF 809694 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. : Court of Common Pleas • Plaintiff :• Civil Division v. •: CUMBERLAND County KAREN G. PULICE • •: No.: 13-1217 Defendant RULE � AND NOW, this 4" day of C . CLIE/' 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess • Damages. • Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. cL.BY TH• COURT gj J. . '_rn (--) r ri_._. -' -.,, .' C: 7 809694 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 AREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Car ICS / "al L5.4_, 809694 9 //3 809694 R� ui Iy lv4. 7B13 OCT 17 All 10: 36 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division vs. CUMBERLAND County • KAREN G. PULICE • No.: 13-1217 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Phela. :11i :n, LLP DATE: [ O/(bf L By: —.4 J.nat►• M. tkowicz, Esq., Id.No.208786 P •rney for Plaintiff 809694 3E tall i"a�JHO rAi: 2313 NOV —7 Ali 10: 10I OIIIIBERLAND COUNT'," PENNSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County KAREN G. PULICE No.: 13-1217 Defendant • MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 3, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 809694 3. A Rule was issued on October 8, 2013 directing the Defendant to show cause by October 28, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 16, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 28, 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: // G � g By: J than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 809694 Exhibit "A" 809694 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 KAREN G. PULICE No.: 13-1217 Defendant RULE AND NOW,this day of A^ - , 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 J. c t�..:m', ,^q.1> co i._.) a r 809694 Exhibit "B" 809694 • c' mG ua, r i1 t f ; VE PRO[HOW 11,1,`, 2D13 OCT 11 AM 10: 36 CUMBERLAND T 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 , W.jonathan.etkowicz @phelanhallinan.com + c t'1 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • Civil Division vs. CUMBERLAND Coun �� KAREN G.PULICE • No.: 13-1217• Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Phel• :11'y= ,LLP DATE: f_ 04:31 BY: 41111 411111110Pri Jo ►in M. itkowicz,Esq.,Id.No.208786 rney for Plaintiff 809694 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23`d,2013 KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 RE: WELLS FARGO BANK,N.A. v. KAREN G. PULICE Premises Address: 1701 FISHER ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-1217 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V ry rut ' :ur w r.. J an Etkowicz,Esq., Id.No.208786 rney for Plaintiff Enclosure 809694 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County KAREN G. PULICE • No.: 13-1217 • 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. KAREN G. PULICE 1701 FISHER ROAD MECHANICSBURG, PA 17055-5137 Phelan Hallinan, LLP DATE: //e///3 By: athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 809694 FICF 0 A N 1: T HE P R 0 I'll O c013 NOV 12 PM 4-- UmBERLAND cOUNTY PENNSYLVA141A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County KAREN G. PULICE No.: 13-1217 Defendant ORDER AND NOW,this IV day of AvVbW, 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 $71,452.31 Interest Through October 4,2013 $3,314.74 Late Charges $70.60 Legal fees $1,650.00 Cost of Suit and Title $473.75 Property Inspections $30.00 Escrow Deficit $3,149.10 TOTAL $80,140.50 Plus interest at six percent per annum. 809694 z Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH COURT: r J. IV-4 j . ebb 809694 1t �1: t�0TN0 �0 lMisf PHELAN HALLIN•AN LLP Attorne} t"or"P1amUff Adam H.Davis,Esq.,Id.No.203034 00(CBERL +` 1•;3 A. 1617 JFK Boulevard, Suite 1400 pEliNSYA One Penn Center Plaza Philadelphia,PA 19103 • Adam.Davis@Phelanliallinan.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 KAREN G.PULICE Defendant(s) No.: 13-1217 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 1(// // 7 Attorney for Plaintiff Date: J IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#809694 WELLS FARGO BANK,N.A. • COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION • . • NO.: 13-1217 KAREN G.PULICE Defendant(s) •• • CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1701 FISHER ROAD, MECHANICSBURG,PA 17055-5137. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KAREN G.PULICE 1701 FISHER ROAD,MECHANICSBURG,PA 17055-5137 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KAREN G.PULICE 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 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) PNC BANK,NATIONAL ASSOCIATION CONSUMER LOAN CENTER,2730 LIBERTY AVENUE PITTSBURGH,PA 15222 PNC BANK,NATIONAL ASSOCIATION 6750 MILLER RD ATTN: CATHERINE G THOMPSON MS BR-YB58-01-B BRECKSVILLE,OH 44141 PNC BANK,NATIONAL ASSOCIATION 2730 LIBERTY AVENUE CONSUMER LOAN CENTER COLLATERAL PITTSBURGH,PA 15222 DEPARTMENT 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 PH#809694 UPPER ALLEN TOWNSHIP C/O J.STEPHEN TOWNSHIP SOLICITOR FEINOUR • 100 GETTYSBURG PIKE • MECHANICSBURG,PA 17055 ••• • • • 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be • reasonably ascertained,please indicate) None. 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 1701 FISHER ROAD MECHANICSBURG,PA 17055-5137 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (///7/A7/f7 By: ,Li'/`7/✓L �L►�-� 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#809694 • Qg. •yam 4 0 b 0. a 4. l21 g = * CP y 1. * Z * * E 5 n fi ^� �zwiw m fp r�' E.ou c`O .•7'i. no -v CTC C , o G m _ tT1 t!1 A. Q eu Q 0 O S" �G ro U� 'r m O 11 i N C/] C Pt n FA AP 0 0. a. x x y 0, . a 0. _f 0 W M Qt 0 ro - - a aw o 'a,n1 x.1. ' g . . aAat A. A1n ibl: . . : UL g F i • F .• 5 n,gS �r oo d g.. cc ,,` ,, • wEE 3 E MI V-AQ ".;• . 4\&§,- • �;� -r; ZIP 19 103 Q2 tR i6.4® t►f`r a u%:. , 0001381191 NOV 04. 2013 ' i . , • _ r" oaz qO d N A W N t-. y in a 8 [D C= N v, a tp N CI * * * * 4 * * : Z* * * w * * « s I. c cr r c'9 '°` tifta "r) QC :,!e; :211tq‹) C) t:r5421tlbdy eI}ebAb :1l'i2 7O "' b i g ii 15. 40 A 3*m "i CI PU '6..t t..!I 25 A li .2' C5 100 47 r/ii %E(I r?'-' 2 i-45. -1 gr - © '"o� $ t, � �v t21 ' (1. $0f O rirPlmf MOm coo t O - ►y C" "G! IHH s m O�.. �r r oO NQ on a ,, I 0 ›te tl .3 . "`iJ 0 2 0 a O i 0: ,.3 to `" a olei , gu N 00 0 01 a 4 a a Q 4. R 3 F, t i` Q � •a°i s ;P; 11111 U • z....° U ii n-E §2g` ty k• na. 21 b 2▪s-m5- 5.5a# 64 6A s,-;o2 tN O a O O a O O. O p ca Cy :A A A A A A •'p. A." R = -1-2 O rr th trt th t!, ,.. y., ,h s, ^9 ri S.- j''-.o r t� `' C 3� „ \ �`• c E§ 3 4 ' , '"f +sg� . I ti ff , 3,gef• i 1 P `4 • v 1 ,,'f i' PITHEYBOWES PI!. .3 a 1 tc ZIP 191°3 a ' $ 004.88° .,� 02 1kY Wig. •-- =` 0001381191OCT 25 2013 • ■ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff s S THE 'OT C of Caar��rirf,��i i" T��w. t''tti' ��NOT .,.'," Jody S Smith Chief Deputy c ,' 2a I tI JAN 21 AM it: 35 Richard W Stewart CUMBER!. C r 3 i Y Solicitor orneEoF THE$kERIFr PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Karen G Pulice 2013-1217 SHERIFF'S RETURN OF SERVICE 10/01/2013 04:06 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 1701 Fisher Road, Upper Allen -Township, Mechanicsburg, PA 17055, 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$88,701.00 to Tucker,Arensburg, PC, on behalf of PNC Bank National Association, being the buyer in this execution, paid to the Sheriff the sum of$ 12/30/2013 Proposed Schedule Of Distribution Posted, all parties notified. SHERIFF COST: $1,139.91 SO ANSWERS, January 15, 2014 RONR ANDERSON, SHERIFF W ') ,mod • .,5v a X300640 Cc.Coun ySuite SI'efiff,Telecsoft Ic On August 26, 2013 the Sheriff levied upon the • defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 1701 Fisher Road, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 26, 2013 By: CO-C.Let_c_j4 Real Estate Coordinator t LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-1217 Civil Term WELLS FARGO BANK,N.A. vs. KAREN G.PULICE Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-1217 WELLS FARGO BANK, N.A. v. KAREN G. PULICE owner(s) of property situate in the UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1701 FISHER ROAD, MECHANICSBURG, PA 17055-5137. Parcel No.42-10-0644-030. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$72,934.69. 95 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f TisaMarne, or SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 -110..,,,LEmsat,i_Lia /. / / Notary lr.TAriAL SEAL DEE C`•;AH A COLLINS Notary Public CARL ISLE BOROUGH,CUMcBERLAND COUNTY My Commission Expires Apr 28,2014 `. The Patriot-News Co. p1ttflOtXeUIS 2020 Technology Pkwy 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: 2013.1217 CIA Term 10/13/13 WELLS-FARGO arc,N A. / 10/20/13 vs. / / KAREN G PULJGE - 10/27/13 Attys Joseph Schalk B y e.of a Writ of Execution No.13-1217 �� g FARGO BANK,NA v. KAREN G.PULICE owner(s)of property situate in the UPPER AU DI TOWNSHIP, CJMBERLAND Sworn to and s bscribed before me this 11 day of November, 2013 A.D. 1701-• > ROAD, 1 1 1701 I HArIICSBURG,PA 17055-5137 . . ` . . (`. � Parcel No.X10-0644-030. — — '-�;�ic _, (Acreage or reet address) mat Improvements thereon: RESIDENTIAL DWELLING Judgment Amount:$71,934.69 COMMONWEALTH OF PENNSYLVANIA ism a iai seal Holly Lynn 41°'rfri,Nctary Public W,sn n3gto r i wphin County My c)mmissio+n Expif®s Dec.12 2016 MEMBEC,PENNSYLVANIA ASSOOKrioN 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 PNC Bank,N.A. 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 5th day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1217, at the suit of Wells Fargo Bank,N.A. against Karen G. Pulice is duly recorded as Instrument Number 201401506. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Q2/ day of i a.�:1_ , A.D. - p/ i --i i r r �� Recorder of Deed• der of Deeds,Cumberland County,Cark e,PA Commission Expires the First Monday of n.2018