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Home My WebLink About13-1352 SHERIFF'S OFFICE OF CUMBERLAND COUNTY' Ronny RAnderson FILED-OF F IC Sheriff C)`= I'IiE PR0TNGNIJT,` ttr, �oy�typ at GGuo�ery�'0 Jody S Smith Chief Deputy ^0 13 APR 17 AM 9: 11, Richard wStewart Cllh98EIlLAPaD COt td7Y Solicitor aFFiC=4FTW8 SRERIFF P E N N S Y LVA N I A Wells Fargo Bank, N.A. vs. Case Number Matthew G Krause (et al.) 2013-1352 SHERIFF'S RETURN OF SERVICE 03/14/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Matthew G Krause, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/1412013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lashawna G Wall, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/19/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Lashawna G Wall, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 03/19/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Matthew G Krause, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 03/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Matthew G Krause, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 1711 Creek Vista Drive, Lower Allen, New Cumberland, PA 17070. The residence is vacant and the New Cumberland Postmaster has provided a forwarding address for the defendant of 106 Redbuddr, Hopkinsville, KY 42240. 03/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lashawna G Wall, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 1711 Creek Vista Drive, Lower Allen, New Cumberland, PA 17070. Residence is vacant. The New Cumberland Postmaster confirmed that the defendant moved and left no fowarding address. SHERIFF COST: $95.46 SO ANSWERS, April 15, 2013 RONNY R ANDERSON, SHERIFF �a CourySulte SbenR,Toleasott,Inc. y Tft Shelley Ruhl Jack Duignan Real Estate Deputy •, Chief Deputy t!B Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK,N.A. VS County of Dauphin MATTHEW G. KRAUSE Sheriffs Return No. 2013-T-0842 OTHER COUNTY NO. 2013-1352 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LASHAWNA G. WALL the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 19, 2013. PER PROPERTY MANAGER, DEFENDANT DOES NOT RESIDE AT ADDRESS 257 JOYA CIRCLE, HARRISBURG, PA 17112. RESIDENT OF ADDRESS 4202-B KING GEORGE DRIVE, HARRISBURG, PA 17109 STATES THE DEFENDANT DOES NOT RESIDE THERE. 3/20/13 - SENT POST OFFICE REQUEST 3/25/13 - PER POST OFFICE, DEFENDANT IS NOT KNOWN AT ADDRESS 4202-B KING GEORGE DRIVE, HARRISBURG, PA 17109. 4/11/13 - NO RESPONSE FROM POST OFFICE FOR SECOND ADDRESS. Sworn and subscribed to So Answers, before me this 11TH day of April, 2013 Ql�� Sheriff of C a. y COMMONWEALTH OF PENNSYLVANIA D uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $89.25 3/18/2013 My Commission Expires Au g ust 17,2014 Shelley Ruhl Jack Dulignan Real Fsta e Deputy • Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph'.(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK,N.A. VS County of Dauphin MATTHEW G. KRAUSE Sheriffs Return No. 2013-T-0842 OTHER COUNTY NO. 2013-1352 1, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MATTHEW G. KRAUSE the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 19, 2013. PER PROPERTY MANAGER, DEFENDANT DOES NOT RESIDE AT ADDRESS 257 JOYA CIRCLE, HARRISBURG,PA 17112. 3/20/13 - SENT POST OFFICE REQUEST 4/11/13 -NO RESPONSE FROM POST OFFICE. Sworn and subscribed to So Answers, before me this 11TH day of April, 2013 Sheriff of a. ��. BY COMMONWEALTH OF PENNSYLVANIA D uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $89.25 3/18/2013 M Commission Expires August 17.2014 . �ww AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#310688 DEFENDANT SERVICE TEAM/vla MATTHEW G.KRAUSE COURT NO.:13-1352 LASHAWNA G.WALL SERVE MATTHEW G.KRAUSE AT: TYPE OF ACTION 106 REDBUD DR XX Mortgage Foreclosure HOPKINSVILLE,KY 42240 XX Civil Action SERVED Served and made known to MATTHEW G.KRAUSE,Defendant on the 16 day of ]�� 201 at t f �O ,o'clock?.M.,at A&u `'w d.�Rd "N0?C'*Q1 n the manner described below: _XDefendant personally served. A w _Adult family member with whom Defendant(s)reside(s). t Tt t rt•-- Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. tl)r— tv ' _Manager/Clerk of place of lodging in which Defendant(s)reside(s). co --i c) Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: 55 a Cam Description: Age ,Height 5�ct" Weight YAS Raceme Sex t--Other - G I, )ONT,`mss a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complain t in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this IS day of ,20')x. Notary:'"+-kb ZBy: NOTSERVED On the day of 20 at o clock_.M.,I, ,a competent adult hereby state that Defendant-51 NOT FOt ND—ecause: _Vacant i Does Not Exist T Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of_ 20,,_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 STATE Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 OF Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 * I Ft4NFSSEE Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 NOTARY �, Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 PUBLIC JOSEPH E.DEBARBERIE,Esq.,Id.No. 4 �J One Penn Center at Suburban Station �rGOMER4 G vf'. THE PROTHONOTAR)' PHELAN HALLINAN,LLP 20.11 AUG 29 AN 10; 42 Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Meredith.Wooters@phelaiihallinan.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY MATTHEW G. KRAUSE No. 13-1352 LASHAWNA G.WALL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: Meredith Wooters, sq., Id. No.307207 Attorney for Plaintiff Date: Ada /bsp, Svc Dept. File#804450 a,: [_ r Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUME3 RL,°- N0 COUNTY Philadelphia, PA 19103 P E N S Y L A H!A 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County MATTHEW G. KRAUSE • LASHAWNA G. WALL No. 13-1352 Defendants • MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, LASHAWNA G. WALL, by first class mail to LASHAWNA G. WALL at the last known address, 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and the mortgaged premises, 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212; posting of the mortgaged premises, 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, LASHAWNA G. WALL, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 2. The Sheriff of DAUPHIN County attempted to serve the Defendant at 257 JOYA CIRCLE, HARRISBURG, PA 17112-2943. As indicated by the Return of Service, no service 804450 was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Sheriff of DAUPHIN County attempted to serve the Defendant at 4202 KING GEORGE DRIVE, APARTMENT B, HARRISBURG, PA 17109. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 4. The Plaintiffs Process Server attempted to serve the Defendant at 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916. As indicated by the Affidavit of Service, no service was made as there was no response to the attempts made by the Plaintiffs Process Server. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Plaintiffs Process Server attempted to serve the Defendant at 403 E HENDERSON ST,NASHVILLE, AR 71852-2522. As indicated by the Affidavit of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "D". 6. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "E". 7. Plaintiff contacted the Prothontary's Office and as of January 23, 2014, no Judge has previously entered a ruling in this case. 804450 8. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 12, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs February 12, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit F . 9. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 10. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order • pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: 21 By: Ph: "allinan,LLP Jon: .n M. Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804450 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County • MATTHEW G. KRAUSE LASHAWNA G. WALL • No. 13-1352 • Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant, LASHAWNA G. WALL, with the Complaint have been unsuccessful. The Sheriff of.CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1711 CREEK VISTA DRIVE,NEW CUMBERLAND,PA 17070-2212. The Sheriff of DAUPHIN County attempted to serve the Defendant at 257 JOYA CIRCLE, HARRISBURG,PA 17112-2943 and 4202 KING GEORGE DRIVE,APARTMENT B, HARRISBURG, PA 17109. The Plaintiffs Process Server attempted to serve the Defendant at 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and 403 E HENDERSON ST, NASHVILLE, AR 71852-2522. As indicated by the Return of Service and the Affidavit of Service, no service was made. Pursuant to Pa.R.C.P. 430,Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted 804450 by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P.430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a)n. Similarly,the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive,this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v.Major, 384 Pa. Super. 625,633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service and the Affidavit of Service, the Sheriff and the Plaintiffs Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the 804450 affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P.430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service and the Affidavit of Service, the Sheriff and the Plaintiffs Process Server have been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: / IL `y By: -4 Jon.W M.Etkawicz,Esq.,Id.No.208786 Atto rj•y for Plaintiff 804450 • • • • • • Exhibit "A" • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff (fro„- 4,1,at�:ainbroy .ipity._Stnith • =�. Chief Deputy Richard W Stewart Solicitor oFF,cE or THE sKirwr Wells Fargo Bank,N.A. vs. Case Number Matthew G Krause(et al.) 2013-1352 SHERIFF'S RETURN OF SERVICE 03/14/2013 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Matthew G Krause,but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin,Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/14/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Lashawna G Wall,but was unable to.locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin,Pennsylvania to serve the Within Complaint in Mortgage Foreclosure according to law. 03119/2013 •The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin:County,the within named Defendant Lashawna G Wail,not found.Jack Lotwick,Sheriff,Return of Service attached to and made part of the within record. 03/19/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant-Matthew G Krause,not found.Jack Lotwick,Sheriff, Return of Service,attached to and made part of the within record. • 03/26/2013 Sheriff Ronny R Anderson,being duty sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit Matthew G Krause,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint In Mortgage Foreclosure as"Not Served"at 1711 Creek Vista Drive, Lower Allen, New Cumberland,PA 17070.The residence is vacant and the New Cumberland Postmaster has provided a forwarding address for the defendant of 106 Redbuddr,Hopklnsville, KY 42240. 03/26/2013 Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and Inquiry for the within named Defendant to wit:Lashawna G Wall, but was unable to locate the Defendant in his bailiwick The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 1711 Creek Vista Drive,Lower Allen,NeWi Cumberland,PA:17070='Residence.is vacant.The New Cumberland Postmaster confirmed that the defendant.moved and left no fowarding address. SHERIFF COST:$95.46 SO ANSWERS, April 15,2013 RONNW R ANDERSON,SHERIFF ici caomysms S*d&Teteosel 1 c . . . . . . . . . h•b„„, "B" tI. e $1? -'xjff Shell Ruhr Jack Du Wan Real Esta Deputy Chief ty Matthew Owens .-! 44= ._. .�f Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County . 101 Market Street Harrisburg.Pennsylvania 17101.2079 ph.(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK,N.A. VS County of Dauphin MATTHEW G. KRAUSE Sheriffs Return No. 2013-T-0842 OTHER COUNTY NO. 2013-1352 • I,Jack Lotwick, Sheaff of the County of Dauphin,State of Pennsylvania,do hereby certify and return,that Imade diligent search and inquiry for LASHAWNA G. WALL the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 19,2013. PER PROPERTY MANAGER,DEFENDANT DOES NOT RESIDE AT ADDRESS 257 JOYA CIRCLE, HARRISBURG, PA 17112. RESIDENT OF ADDRESS 4202-B.KING GEORGE DRIVE,HARRISBURG,PA 17109 STATES THE DEFENDANT DOES NOT RESIDE,THERE. 3/20/13 - SENT POST OFFICE REQUEST 3/25/13 -PER POST OFFICE, DEFENDANT IS NOT KNOWN AT ADDRESS 4202-B KING GEORGE DRIVE,HARRISBURG, PA 17109. 4/11/13 -NO RESPONSE FROM POST OFFICE FOR SECOND ADDRESS. Sworn and subscribed to So Answers, before me this 11TH day of April,2013 Q *-*Y"° '` Sheriffofi ' By COMMONWEALTH OF PENNSYLVANIA D- •uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg.Dauphin County Sheriffs Costs: $89.25 3/18/2013 My Commission Expires August 17,2014 • Exhibit "C" • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N-A. PH#804450 DEFENDANT SERVICE TEAM/via MATTHEW G.KRAUSE COURT NO.:13-1352 LASHAWNA G.WALL SERVE LASHAWNA G.WALL AT: TYPE OF ACTION 4128 APOLLO VILA AGE CIRCLE IN Mortgage Foreclosure APT B XX Civil Action COLORADO SPRINGS,CO 80916 SERVED Served and made known to LASHAWNA G.WALL,Defendant on the_day of ,20 ,at ,o'clock .M.,at ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationshil is _Adult in charge Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Aeent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I ,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and corset copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,23 . • Notary:. By: NOT SERVED On ay of {, 20.3 at;�' o'clock 2.m.,I,j')J(!1 l ci cLifC,a competent adult hereby state that Defen ant T Ft:) ttse: _}Vacant Not Exist —Moved Does Not Reside(Not Vac t) No Answe on (7,_ID?/i at "7•'y5/64-- 11/.7 ..7 at 62/174 < s1.S'/j aEZ Service Reused / Other: L�.%/d/�1 �°,,c, 4 Sworn to and suh�ss )qed befo me this.,7/.' day of i By: /177,'1,. /m.3/c/ Notary: ATTORNEY FOR PLAINI'rr;~ Chrisovalante P.Fliakos,E sq.,Id.No.94620 n Lawrence T.Phelan,Esq..Id.No.32227 Counenay R.Dunn.Esq.,Id.No.206779 p Francis S.Hallinan,Esq..Id.No.62695 Allison F.Zuckerman.Esq.,Id.No.309519 Daniel G.Schmies,Esq.,Id.No.6 2205 Melissa J.Cantwell,Esq.,Id.No.308912 - . - - hele M.Bradford Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 LILLIE M. FLILTS Ju.-th T.Romano'Esq Id.No.58745 John M.Kolesnik,Esq.,Id_No.308877 NOTARY PUBLIC Je a R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id-No.310592 STATE OF COLORADO n R.Tabas,Esq.,Id.No.93337 Zachary J.Jones.Esq.,Id.No.31072] NOTARY ID 20104005431 Ja B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 MY COIti1MISS!ON EXPIRES FEBRUARY 18,204 ew L Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 • • • • • • • • Exhibit "D" • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FAR GO BANK,N.A. PH#804450 DEFENDANT SERVICE TEAM/vla MATTHEW G.KRAUSE COURT NO.:13-1352 LASHAWNA G.WALL SERVE LASHAWNA G.WALL AT: TYPE OF ACTION 403 E HENDERSON ST XX Mortgage Foreclosure NASHVILLE,AR 71852-2522 XX Civil Action SERVED Served and made known to LASHAWNA G.WALL,Defendant on the_day of 20_,at ,o'clock_.M.,at ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed • before me this day • of ,20 . Notary: By: • NOT SERVED On the N day of cem bet ,20 at(2:e 2 o'clock e.M.,I,C.l10td abt ,a competent adult hereby state that • Defendant OT FO ecause: • Vacant Does Not Exist Moved ✓Does Not Reside(Not Vacant) _No Answer on at at • _Service Refused Other: - ' Sworn to and sub•r t 1 before me this, day Ai of f ,2Oi . By. :„ .� Imes Notary: AT IHNi?Y1''t7R PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 �L'fAO - Francis S.Hallinan.Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 O �(t""r Daniel G.Schmieg,Esq.,Id.No,62205 Melissa J.Cantwell,Esq.,Id.No.308912 NOfApy Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 •+M, 03 Judith T.Romano,Esq.,Id.No,58745 John M.Kolesnik,Esq.,Id.No.308877 At- PUBLIC Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Xlt5' r1 2r a,n Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 NCO, N01` ' Jay B.Jones,Esq..Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 /- 178ig Exhibit "E" • AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 804450 Attorney Firm: Phelan Hallinan, LLP Subject: Matthew C. Krause &Lashawna G. Wall Property Address: 1711 Creek Vista Drive, New Cumberland, I'A 17070 Possible Mailing Address: (Matthew C. Krause) 313 Crestview Drive, .[aopkinsvill.e,KY 42240 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Matthew C. Krause-xxx-xx-4943 Lashawna G. Wall-429-33-xxxx B. EMPLOYMENT SEARCH Matthew G. Krause&Lashawna G. Wall-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Matthew G. Krause reside(s) at:313 Crestview • Drive,Hopkinsville,KY 42240&Lashawna G.Wall reside(s)at: 1711 Creek Vista Drive,New Cumberland,PA 17070. • • II.INQUIRY OF TELEPHONE COMPANY • A. DIRECTORY ASSISTANCE SEARCH • Our office searched directory assistance databases,which indicated that Lashawna G. Wall reside(s)at: 1711 Creek Vista Drive,New Cumberland,PA 17070,however had no listing for Matthew G.Krause.On 01-07-14 our office made a telephone call to the • subject's phone number(870)542-5605 and received the following information:not in service. B. On 01-07-14 our office made a telephone call to a possible phone number of the • subject(s) (717) 202-9053 and received the following information: wrong number. III. INQUIRY OF NEIGHBORS On 01-07-14 our office made several phone calls in an attempt to contact Tressa L. Thomas (717) 774-0616, 1707 Creek Vista Drive, New Cumberland,PA17070: answering machine. On 01-07-14 our office made several phone calls in an attempt to contact Judith A. Krebs (717) 774-3341,1724 Creek Vista Drive, New Cumberland, PA 17070: answering machine. On 01-07-14 our office made several phone calls in an attempt to contact Brenda M, Swartz (717) 770-0777, 1710 Creek Vista Drive, New Cumberland,PA 17070:no answer. • On 01-07-14 our office made several phone calls in an attempt to contact Joseph E. Worsham(270) 886-5330,309 Crestview Drive, Hopkinsville, KY 42240: no answer. On 01-07-14 our office made several phone calls in an attempt to contact Charline K. Kramer (270) 885-7969,306 Crestview Drive,Hopkinsville,KY 42240: answering machine. On 01-07-14 our office made a phone caII in an attempt to contact Carrie B.Stubbs (270) 885-2708, 402 Crestview Drive, Iopkinsville, KY 42240: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-07-14 we reviewed the National Address database and found the following information: Matthew G. Krause- 313 Crestview Drive, Hopkinsville, KY 42240& Lashawna C. I.1'alI 1711 Creek Vista Drive, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Matthew C. Krause)313 Crestview Drive, Hopkinsville,KY 42240. V. OTHER INQUIRIES • A. DEATH RECORDS As of 01-07-14 Vital Records and all public databases have no death record on file for Matthew G.Krause&Lashawna G.Wall. VI. ADDITIONAL INFORMATION OF SUBJECT • • A. YEAR OF BIRTH Matthew G.Krause=1973 Lashawna G.Wall 1972 • B. A.K.A. Matthew E.Krause • Lashawna Gayle Wall • • *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa,,f_=. 'c. 4904 relating to unsworn falsification to authorities. / The above information is obtained from available public records { and we are only liable for the cost of the affidavit, Exhibit "F" • . . Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Jason Seidman, Ext 1394 Representing Lenders in Service Department Pennsylvania February 12,2014 LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CIIMBERLAND, PA 17070-2212 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE, APT B COLORADO SPRINGS,CO 80916 RE: WELLS FARGO I3ANK,N.A.v. MATTHEW G. KRAUSE and LASHAWNA G. WALL - Premises Address: 1711 CREEK VISTA DRIVE,NEW CUMBERLAND,PA 17070-2212 CUMBERLAND County;No. 13-1352 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, service of the complaint by first class mail and . postin)i of he mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very.111 , yours t Jura w M. Etkowiez, Esq., Id. No.208786 AqtyLio for Plaintiff 8044 50 !.•Name and Phelan Hallinen,LLP. m v. 4 Address 1617.3k Boulevartl Suatej400,. : . ;: Of Sender One Penn Center Plaza _Philadelphia,PA 19103 NRU • F Line Article Number Nameof Addressee,Street,and.Post Office Address Postage g. I •.' MATTHEW G..KRAUSE • 50.46 �` 106 REDBUD DR .. t+9� m HOPKINSVILLE,KY 42240 'J `7 � 2 **** LASHAWNA G.WALL —S0.46 o .'-,';{ • til I CREEK VISTA DRIVE ; o-' ��. ' NEW CUA'MBERLAND,PA 17070-2212 3 LASHAWNA G.WALL $0.46 _" . , 4128 APOLLO VILLAGE CIRCLE ' , APT$ t•, •?',,i.' COLORADO SPRINGS,CO 80916 � ��r _ RE:MATTHEW G.KRAUSE(CUMBERLAND) TEAM 4 P1i#80445011021 Page 1 of 1 , $1.38 Ural Number of Taal Number of Mead Poatmaar,.Pa NNum of The hal dalaranon of value as retuned on ail domestic and alienation!registered sal.The ma; a, Picas Lased by Sender Rearvad at Pod Office Rom:rang Employee) for the reconstruction of nonnegotiable documents under Eageu Mail doctrines recaeauunion in ---1"' •e• pace cobras to a bunt of 5500.000 pa occurrence TM munition indemnity payable at Express . TM maxinam macaw*tamable a 515.M4 fa mg;araet anal sees cods eptiva anat. . • .e R900 5917 and 5921 for limitations of co ,at;e f el 0,1 Form 3877 Facsimile • • • • 'I . 8044: • Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff . • Civil Division vs. . CUMBERLAND County MATTHEW G. KRAUSE . LASHAWNA G. WALL • No. 13-1352 Defendants . CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. 'MATTHEW G. KRAUSE 106 REDBUD DR • HOPKINSVILLE, KY 42240 LASHAWNA G.WALL 4128 APOLLO VILLAGE CIRCLE,APT B COLORADO SPRINGS, CO 80916 LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELA AL INAN, LLP I I Date: By: � Jon., . . tkowicz, Esq., Id. No.208786 Atto for Plaintiff 804450 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants ORDER Court of Common Pleas Civil Division CUMBERLAND County No. 13 -1352 AND NOW, this day of Miere4 , 2014, upon consideration of Plaintiff s motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C) *, on the above captioned Defendants, LASHAWNA G. WALL, by: 1. _ Posting of the premises: 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070 -2212 by the Sheriff or a non -party competent adult; and 2. First class mail to LASHAWNA G. WALL at the last known address, 4128 APOLLO. VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and the mortgaged premises located at 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070 -2212. Service by mail is complete upon the date of mailing. PH # 804450/NRU rr r CD ; It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY T COURT: *Prior to fulfilling the requirements of service of Notice of Sale as set forth this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the ent this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in confor ity with this Order. Cc:LASHAWNA G. WALL 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE, APT B COLORADO SPRINGS, CO 80916. enrX A-14i . 3pm( PH # 804450/NRU PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants Ytio1-1,0 , MAP 26 A1110: CUMBERLAD PCMISYLVAHlia : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 13-1352 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. /jwi, Svc Dept. File# 804450 PHELAN HALLIN N, LLP I 11,01 Lobb,. Esq., Id. No.31217.4 Attorney for Plaintiff : . . . Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 John.Kolesnik@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendant(s) ATTORNEYS FOR PLAINTIFF • COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-1352 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, LASHAWNA G. WALL at 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212 on April 22, 2014, in accordance with the Order of Court dated March 5, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DA I E: 7/23// ty By: PH # 804450 Phelan H ,LLP oh ichael Kolesnik, Esq., Id. No.308877 A mey for Plaintiff elan Hallinan, LLP °FILED-OFFICE AFFIDAVIT OF SERVICE — CUMBERLAND Jk THE PROTHONOTARY PLEASE POST BY: 04/25/2014 PLAINTIFF COUNTY: COURT CUMBERLAND CUMBERLAND COUNTY NO. 13-1352 PENNSYLVANIA WELLS FARGO BANK, N.A. DEFENDANT LASHAWNA G. WALL TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212 XX Civil Action Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Poste and made known LASHAWNA G. WALL, Defendant on the 0 at : 1 - o'clock, A. M., at 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212, in the manner described below: fe11' day of A-p 1 L • 20 14 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. V Other: Po:94rib "n4 Description: Age Height Weight Race Sex Other Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the caption ase on the date and the address indicated above. I understand that this stateinent'ig Made subject to the penalties of 18 Pa. C.S. Sec. 4904 rel ig t uworn falsificati to authotis. NAME: Ronald Moll PRINTED NAME: Proccss Server TITLE: NOT SERVED On the day of , 20 at o'clock M., Defendant NOT FOUND because: Vacant _ Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: PH # 804450 1. •. P PHELAN HALLINAN,LLP ' Attorney for Plaintiff ,-,, Jonathan Lobb,Esq., Id. No.312174 `p'Es-' ,ftse:.:/..t1,4t11,1\'Itu:-/.\;,,,i.i 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza '13EF4.A f0 COU; 1 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. . : CIVIL DIVISION MATTHEW G. KRAUSE . LASHAWNA G. WALL : No. 13-1352 • • AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) MA1"1HEW G. KRAUSE and LASHAWNA G. WALL are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MATTHEW G. KRAUSE is over 18 years of age and has last known addresses at 106 REDBUD DR, HOPKINSVILLE, KY 42240 and 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. (c) that defendant LASHAWNA G. WALL is over 18 years of age and has last known addresses at 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ph6n Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804450 ti • 'Department of Defense Manpower Data Center Results as of:Jun-23-2014 01:21:41 AM SCRA 3.0 A:4? ;( ,Status Report vvn. t Pursuant to Sery remembers Civil.Relief Act ti Last Name: WALL First Name: LASHAWNA Middle Name: G Active Duty Status As Of: Jun-23-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA This response reflects the individuals'active duty status based an the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ' r -T No 6 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date 1J{ The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA .:: .No _ NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Oita Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 `Department of Defense Manpower Data Center Results as of:Jun-23.201401:21:40 AM SCRA 3.0 Status Rvort . Pursuant to Servicemembers Civil Relief Act Last Name: KRAUSE First Name: MATTHEW Middle Name: G Active Duty Status As Of: Jun-23-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NO `_ NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No I - NA This response reflects where the individual left active duly status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - - Ato NA This response reflects whether the individual or his/her unit has received early notification fa report for active duty • Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yhaitt ,410„, /144.0A r • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 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.: 13-1352 Matthew G.Krause Lashawna G. Wall Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $159,169.71 Interest from 06/25/2014 to Date of Sale $4,237.92 ($26.16 per diem) TOTAL $163,407.63 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. MUD - .: PH#804450 ;--�., : ,� -r _ S Q y C) -t �Ly 11 �� 406-1 VY? c� �l > � N v N I1, N U OC O > d Q u 7t d i J z `� 'Z7 N Q J C cd Y o � z w � o az w o 0 oa cl y r O � X LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the northerly right-of-way line of Creek View Drive at the corner of Lot No.38 of the hereinafter mentioned Plan of Lots;THENCE by Creek View Drive,South 67 degrees 16 minutes 33 seconds East,a distance of 105 feet to a point;THENCE continuing along Creek View Drive and onto Creek Vista Drive by a curve to the left having a radius of 25 feet,and arc distance of 39.27 feet to a point on the westerly line of Creek Vista Drive;THENCE by the Western line of Creek Vista Drive,North 22 degrees 43 minutes 27 seconds East,a distance of 29 feet to a point at the corner of Lot No.40 of the hereinafter mentioned Plan of Lots;THENCE by the same,North 67 degrees 16 minutes 33 seconds West,a distance of 130 feet to a point on the line of Lot No.38 of the hereinafter mentioned plan of Lots;THENCE by Lot No. 38,South 22 degrees 43 minutes 27 seconds West,a distance of 54 feet to a point,the place of BEGINNING. BEING Lot No.39 of the Final Subdivision Plan for Phase I,Beacon Hill Village of Creekside,recorded in Cumberland County Plan Book 50,Page 113. HAVING THEREON ERECTED a two-story dwelling house. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions recorded in Cumberland County Miscellaneous Book 319,Page 556. Also UNDER AND SUBJECT to the Bylaws of Beacon Hill Community Association recorded in Cumberland County Miscellaneous Book 319,Page 525. TITLE TO SAID PREMISES IS VESTED IN Matthew G. Krause,a single individual and LaShawna G. Wall, a single individual,joint tenants with the Right of Survivorship,by Deed from Philip M.Larson and Nichelle D.Larson,his wife,dated 07/28/2011,recorded 08/05/2011 in Instrument Number 201121808. PREMISES BEING: 1711 Creek Vista Drive,New Cumberland,PA 17070-2212 PARCEL NO. 13-25-0008-003. PHELAN HALLINAN, LLP J ; Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 If �'` ,. .. . 1617 JFK Boulevard Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.comt`��f$ `�� 1 215-563-7000 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-1352 Matthew G. Krause Lashawna G. Wall Defendant(s) Cumberland County CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. PE NfiL;�i,'I1 CGt,';�- NO. 13-1352 Matthew G. Krause r VA f +� ' Lashawna G. Wall 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 1711 Creek Vista Drive,New Cumberland,PA 17070-2212. l. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Matthew G.Krause 106 Redbud Dr Hopkinsville,KY 42240 Lashawna G.Wall 4128 Apollo Village Circle,Apt B Colorado Springs,CO 80916 1711 Creek Vista Drive New Cumberland,PA 17070-2212 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) Matthew G.Krause 106 Redbud Dr Hopkinsville,KY 42240 Lashawna G.Wall 4128 Apollo Village Circle,Apt B Colorado Springs,CO 80916 1711 Creek Vista Drive New Cumberland,PA 17070-2212 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. Naive and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 804450 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) Beacon Hill Community Association,Inc. 3800 Market Street Camp Hill,PA 17011 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 1711 Creek Vista Drive New Cumberland,PA 1.7070-2212 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 District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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: �jz /(� 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#804450 i f Wells Fargo Bank,N.A. „ -, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. �A NO.: 13-1352 Matthew G. Krause Lashawna G.Wall Cumberland County Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Matthew G. Krause Lashawna G. Wall 106 Redbud Dr 1711 Creek Vista Drive Hopkinsville, KY 42240 New Cumberland, PA 17070-2212 Lashawna G. Wall 4128 Apollo Village Circle,Apt B Colorado Springs, CO 80916 "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 1711 Creek Vista Drive,New Cumberland,PA 17070-2212 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$159,169.71 obtained by Wells Fargo Bank,N.A. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 .a SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1352 Wells Fargo Bank, N.A. V. Matthew G. Krause Lashawna G. Wall owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1711 Creek Vista Drive, New Cumberland,PA 17070-2212 Parcel No. 13-25-0008-003. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $159,169.71 Attorneys for Plaintiff Phelan Hallinan, LLP r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the northerly right-of-way line of Creek View Drive at the corner of Lot No. 38 of the hereinafter mentioned Plan of Lots;THENCE by Creek View Drive,South 67 degrees 16 minutes 33 seconds East,a distance of 105 feet to a point;THENCE continuing along Creek View Drive and onto Creek Vista Drive by a curve to the left having a radius of 25 feet,and arc distance of 39.27 feet to a point on the westerly line of Creek Vista Drive;THENCE by the Western line of Creek Vista Drive,North 22 degrees,43 minutes 27 seconds East,a distance of 29 feet to a point at the corner of Lot No.40 of the hereinafter mentioned Plan of Lots;THENCE by the same,North 67 degrees 16 minutes 33 seconds West,a distance of 1.30 feet to a point on the line of Lot No.38 of the hereinafter mentioned plan of Lots;THENCE by Lot No. 38,South 22 degrees 43 minutes 27 seconds West,a distance of 54 feet to a point,the place of BEGINNING. BEING Lot No.39 of the Final Subdivision Plan for Phase I,Beacon Hill Village of Creekside,recorded in Cumberland County Plan Book 50,Page 113. HAVING THEREON ERECTED a two-story dwelling house. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions recorded in Cumberland County Miscellaneous Book 319, Page 556. Also UNDER AND SUBJECT to the Bylaws of Beacon Hill Community Association recorded in Cumberland County Miscellaneous Book 319, Page 525. TITLE TO SAID PREMISES IS VESTED IN Matthew G. Krause,a single individual and LaShawna G. Wall, a single individual,joint tenants with the Right of Survivorship,by Deed from Philip M.Larson and Nichelle D. Larson,his wife,dated 07/28/2011,recorded 08/05/2011 in Instrument Number 201121808. PREMISES BEING: 1711 Creek Vista Drive,New Cumberland,PA 17070-2212 PARCEL NO. 13-25-0008-003. Of C& THE COURT OF COMMON PLEAS r` CUMBERLAND COUNTY PA o z DAVID D. BUELL,PROTHONOTARY " One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717)240-6195 �so www.ccpa.net WELLS FARGO BANK,N.A. Vs. NO 13-1352 Civil Term CIVIL ACTION—LAW MATTHEW G.KRAUSE, LASHAWNA G.WALL WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment,interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE:Description of property must be attached to the writ. Amount Due: $159,169.71 L.L.: $.50 Interest FROM 6/25/14 TO DATE OF SALE($26.16 PER DIEM)-$4,237.92 Atty's Comm: Due Prothy: $2.25 Atty Paid: $267.71 Other Costs: Plaintiff Paid: Date: 6/25/14 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 161.7 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 a PHELAN HALLINAN, LLP ;j t� ALV ��; L i i Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400U;' k�Eti E_AND [ ONP,- One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adai-n.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MATTHEW G. KRAUSE CIVIL DIVISION LASHAWNA G. WALL No. 13-1352 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 MATTHEW G. KRAUSE and LASHAWNA G. WALL, 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 $159,169.71 TOTAL $159,169.71 I hereby certify that (1) the Defendants' last known addresses are 106 REDBUD DR, HOPKINSVILLE, KY 42240, 1711 CREEK VISTA DRIVE, NEW.CUMBERLAND, PA 17070-2212, and 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916, and ((2)) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: --Jo W I w PH#804450 PROTHONOTARY CIL4 IL133( 804450 S R.* 36-7 No Vtitiou.-�-� PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis, Esq., Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. , CIVIL DIVISION MATTHEW G. KRAUSE LASHAWNA G. WALL No. 13-1352 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s)MATTHEW G. KRAUSE and LASHAWNA G. WALL are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MATTHEW G. KRAUSE is over 18 years of age and has last known addresses at 106 REDBUD DR, HOPKINSVILLE, KY 42240 and 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. (c) that defendant LASHAWNA G. WALL is over 18 years of age and has last known addresses at 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916 and 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date_ Phelan Hallinan,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 804450 Department of Defense Manpower Data Center Results as of:Jun-24-2014 12:07:28 AM SCRA 3.0 3 Status Report Pursuant to Sery cemenibe s Civil Relief Act. Last Name: WALL First Name: LASHAWNA Middle Name: G Active Duty Status As Of: Jun-24-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA No NA This response reflects the individuals'.active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duy on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA t. This response reflects whether the individual or his/her unit has received ead �no6fication to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,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. IA Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 041225 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-24-2014 12:07:27 AM SCRA 3.0 'f! Pursuant to Service-members Cavil belief Act Last Name: KRAUSE First Name: MATTHEW Middle Name: G Active Duty Status As Of: Jun-24-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -- NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a Future Call-Up to Active Duly on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hisfher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ) !A 6k " — Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MATTHEW G. KRAUSE NO. 13-1352 LASHAWNA G. WALL Defendant(s) CUMBERLAND COUNTY "TO: MATTHEW G, KRAUSE 106 REDBUD DR I-OPKINSVILLr , 1<)'42240 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 I`OR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OI; LIEN AGAINST PROPERTY. nI TPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT"TEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN"TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (71.7)249-3166 By: ]Michael QDingegrdisii.Esq.,Id.No.317124 Attorney for Plaintiff Phelan Hallinan.LLP 1.617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#f 804450 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS PIaintiff CIVIL.DIVISION V. MATTHEW G.KRAUSE NO. 13-1.352 LASHAWNA G.WALL Defeudant(s) CUMBERLAND COUNTY TO: MATT14EW G. KRAUSE 1711 CREEK VISTA D.RIV.E NEW CUMBERLAND,PA 17070-2212 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 TIIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONSTO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO .NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY .BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 1.7013 2 LIBERTY AVENUE (717)240-6.195 CARLISL,F,PA 17013 (717)249-3166 By:• Michultcl. Caii ki-dissen, Esq.,Id.No.317124 Attorney for Plaintiff Phelan Hallinan,LLP 1617JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804450 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MATTHEW G.KRAUSE NO. 13-1352 LA.S.H.AWNA G. WALL Defendant(s) CUMBERLAND COUNTY TO: LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE,AP"T B COLORADO SPRINGS,COJ 80916 DATE OF NOTICE:_ , / __,___...... THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTENIPT 'TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE- OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WTT14 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1.7013 (717)249-3166 By:.. Michael Dingei.dissen..1 4c1.,Id.No.317124 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#804450 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MATTHEW G.KRAUSE NO. 13-1352 LASHAWNA G.WALL Defendant(s) CUMBERLAND COUNTY TO: LASHAWNA G.WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND,PA 17070-2212 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO CO.LL.ECT A DEBT. THIS .NOTICE IS SENT TO YOU IN AN ATTF_,M.PT 'TO COLLECT THE INDEBTEDNESS REFERRED 'TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL 13E USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE, IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT' TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE .IN DF_,FAUl-.T 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 I-TEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 .(717)249-3166 4 By: AichwlLDingp rdi s c n..Esq.,Id.No.317124 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH 9 804450 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MATTHEW G. KRAUSE LASHAWNA G. WALL CIVIL DIVISION No. 13-1352 Notice is given that a Judgment in the above captioned matter has been entered against you on o�s A If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 804450 X11_ Phelan Hallinan, LLP T art E 'RG TI I Q Q�1 R Y Jonathan M. Etkowicz, Esq., Id. No.20878601 JUL5 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 i '� 4 One Penn Center Plaza CUMBERLA NO COUNT' ( Philadelphia, PA 19103 LVAN 'I� jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 13, 2013. 2. Judgment was entered on June 25, 2014 in the amount of $159,169.71. 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 3, 2014. 804450 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $152,057.24 $14,540.58 $178.04 $1,550.00 $1,582.97 $45.00 $279.72 $1,382.72 $8,984.85 TOTAL $180,601.12 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. 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 July 23, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's 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 granting Plaintiff's Motion for Service dated March 5, 2014. 804450 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan, LLP 3 an M. Etkowicz, Esquire ORNEY FOR PLAINTIFF 804450 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MATTHEW G. KRAUSE 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 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 804450 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 804450 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 804450 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 804450 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 804450 5 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. 804450 6 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. Since the terms of the mortgage provide that such expenses by the mortgage company become 804450 7 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. DATE: By: Phelan Hallinan, LLP Jon, M. Etkowicz, Esquire A► • ey for Plaintiff 8 804450 Exhibi 'A' 804450 O PHELAN HALL1NAN, LLP`1,, j',2;! 25 . Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 7,W1BERLAND COUNT'• ' One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adarn.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13-1352 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 MATTHEW G. KRAUSE and LASHAWNA G. WALL, 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 $159,169.71 TOTAL $159,169.71 I hereby certify that (1) the Defendantslast known addresses are 106 REDBUD DR, HOPKINSVILLE, KY 42240, 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212, and 4128 APOLLO VILLAGE CIRCLE, APT B, COLORADO SPRINGS, CO 80916, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 672. Cf/7( Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff "Nt DAMAGES ARE DATE: PH # 804450 EREBY ASSESSED AS INDICATED. PROTHONOTARY GOA- 4It *) CILW 1"133( 5 804450 R ?67(i1(1, "At4:1A-A Exhibit "B" 804450 Phelan Hallinan, LLP July 17, 2014 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Representing Lenders in Pennsylvania LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 RE:, WELLS FARGO BANK, N.A. v. MATTHEW G. KRAUSE and LASHAWNA G. WALL Premises Address: 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 13-1352 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V Joii atl A En oriez 1 s 1., Id. No.208786 Plaintiff 804450 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 Postage $0.47 MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 $0.47 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 $0.47 RE: MATTHEW G. KRAUSE (CUMBERLAND) PH # 80445011200 Page 1 of 1 $1.41 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The in: a for the reconstruction of nonnegotiable documents under Express Mail document reconstruction i ,-�: piece subject to a limit of $500,000 per occurrence, The maximum indemnity payable on Express -f 3I� __ The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. Sec t)omestic Mail Manual R900 5913 and S92I for limitations of coverage. J Form 3877 Facsimile 804450 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 DATE: 7/21'' By: MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 Phelan - : roan, LLP Jonath. Et owicz, Esquire ATT•' ! Y FOR PLAINTIFF 804450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 RULE AND NOW, this 'Z day of ()LAI 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 804450 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 %ASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 °A;720//cf /MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 804450 804450 .-M .1 PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT MATTHEW G. KRAUSE LASHAWNA G. WALL SERVE MATTHEW G. KRAUSE AT: 106 REDBUD DR HOPKINSVILLE, KY 42240 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 804450 SERVICE TEAM/ lxh COURT NO.: 13-1352 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to MATTHEW G. KRAUSE, Defepdant on the day of , at o'clock eM., at /04, Rod/z,4( Dr. tiremokitt in the manner describe P efendant personally served. — Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in"vihich 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 4! Height 5 'q Weight /ST Race 'kU. Sex Other I, L.r , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correc��ctq y of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date anikha th add/rts3 indicated above. Sworn to and yibscrii5ed before e thi Z...TE F Of (,r,., , 20 NNESSEERr orn Pufkic B,y''� NOT SERVED On '' dayyi - w �` , 20 , at o'clock — M., I, , a competent adult hereby state that Defendnt NN(O'h'I FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 at Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants c. ,G- - r co V ATTORNEY FOR PLAIII!F c @� -437 rQ .�' fir, Y c Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiffs Motion to Extend the Return date on Plaintiff's Motion to Reassess Damages filed on July 18, 2014 in the above captioned matter and in support thereof avers as follows: 1. Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. 2. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014, returnable on August 18, 2014. A true and correct copy of the Rule to Show Cause is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff can provide Defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. 804450 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: q bg !( By: Phelan Hallinan, LLP Jonath),/ obb, Esquire ATTi' EY FOR PLAINTIFF 804450 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiffs Motion to Extend the Return Date on Plaintiffs Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014 returnable on August 18, 2014. Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can provide defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. This Court has plenary powers to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to a liberal exercise of the power conferred upon them without encouraging technical niceties in the 804450 modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955). Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable powers. See 23 U. Pitt.L.Rev 547 (1961). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: 01 to By: Phelan Hallinan, LLP Jon/an Lobb, Esquire A1 ORNEY FOR PLAINTIFF 804450 Exhibit "A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 RULE day of c),..101 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall . have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. TTI r— -a w :••• c q O --4 sz.O-41 n rry 804450 4 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 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 / ,ASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 °;;730//cf _/49 �IOMATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 804450 804450 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 DATE: //4q By: MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 Phelan Hallinan, LLP Jona n Lobb, Esquire AT ORNEY FOR PLAINTIFF 804450 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 ORDER AND NOW, this Z T day of SpM4 , 2014, upon consideration of Plaintiff s Motion to Extend the Return Date on Plaintiffs Motion to Reassess Damages, Plaintiffs Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to adbid- 17/ 26/ V . Notice of the entry of this Order shall be provided to all parties by the Plaintiff. Co l'es neLvAck Pt. Ed k. 1L. 9/a.zAy 804450 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants FILED -OFFICE OF THE PRO THONG TA 2014SEP 29 MIO:27 CUMBERLAND COUNTY PENNS YLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-1352 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to LASHAWNA G. WALL on 8/7/2014 in accordance with the Order of Court dated 3/5/2014. The property was posted on 7/17/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: Jonatha bb, Esq., Id. No.312174 Attorney for Plaintiff IN Mt COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 13-1352 AND NOW, this Silk day of 2014, upon consideration of Plaintiff s motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and • DECREED that Plaintiff may Obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, en the above captioned Defendants, LASHAWNA G. WALL, by: 1.. Posting of the premises: 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212 by the Sheriff or a non-party competent adult; and 2. First class mail to LASHAWNA G. WALL at the last known address, LU 0111 the mortgaged premises located at 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212. Service by mail is complete upon the date of mailing. PH # 804450/NRU C.) r - Zen It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. *Prior to fulfilling the requirements of service of Notice of Sate as set forth in this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. re -1 ACFJ,\%VJ"TA (j WAJ T 1711 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070-2212 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE, APT B COLORADO SPRINGS, CO 80916. PH # 804450/NRU Name and Address of Sender Line 1 2 Article Number PHELAN HALLINAN & SCILMIEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070 LASHAWNA G. WALL 106 REDBUD DRIVE HOPKINSV1LLE KY 42240 OStae 4 7 14 15 Total Number of Pieces Listed by Sender RE: WALL PHS#804450 CUMBERLAND Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LNM-CERT1FICATE OF MAILING -NOS CODE- 1020 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A:, DEFENDANT MATTHEW G. KRAUSE LASHAWNA G. WALL SERVE LASHAWNA G. WALL AT: 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** PH ft 804450 SERVICE TEAMLIxh COURT NO.: 13-1352' TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to LASHAWNA a WALL, Defendant on the I7day of 111'L 20 14 , at 51 00, o'clock .p. M., al J7I 0tW-,+e.,:„Yisr-A pftVE- . in the manner described below: Defendant personally served.0,6-*Zuktagett-4-#?, Adult family member with whom Defenclant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race, Sex Other Ronald Moll POSIZD - I, . a competent adult, hereby verify that I personally banded 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: On the day of , 20_, at state that Defendant NOT FOUND because: Vacant ._,DoeSt\lot.Exist: ___, NO Answer on !II S -g Service Refitsed Other: I understand that this statement is made subject to the penalties falsification to authorities. NAME: 1,t0i14.1ki Moll PRINTED NAME: Process Server TITLE: , NOT SERVED o'clock . M., I, . , a competent adult hereby 4wed___ Does Not Reside (Not Vacant) 4( f4 Alt , (ktiti PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 of 18 Pa, C.S. Sec. 4904 relating to unsworn Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF C) CD CD Court of Common ens r:Z1 Civil Division 7;) cnr- -<x' CUMBERLAND MATTHEW G. KRAUSE LASHAWNA G. WALL No.: 13-1352 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 DATE: 41AK By: MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 Phelan Hallinan, LLP athan Lobb, Esq., Id. No.312174 Attomey for Plaintiff 804450 r Phelan Hallinan, LLP L� . : { ; Justin F. Kobeski, Esq., Id. No.E,AQ3993 ,,, c• r,70 1617 JFK Boulevard, Suite 1``4O�0 `` ° `' One Penn Center Plaza Chi =; , E i ll,. ') CO U: -i T `t� i.F Philadelphia, PA 19103 ;3 E 5 �s i j4 :�i `i A justin.kobeski@phelanhallinan.com 215-563-7000 IAP‘ i WELLS FARGO BANK, N.A. Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 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 July 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendants to show cause by October 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 17, 2014. 804450 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: iles)S bit Phela llinan, LLP Ju F. Kobes *, Es &., Id. No.200392 orney for Plaintiff 804450 Exhibit "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 ORDER AND NOW, this ZT day of Srys4'✓ , 2014, upon consideration ofPlaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to ( (d 1 7 20 / V . Notice of the entry of this Order shall be provided to all parties by the Plaintiff. Co l'es rte.ttt, PI I € cilazAtt 804450 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Vs... MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants ATTORNEY FOR PLAINTIFF Court of Comm a Civil Division CUMBERLAND'Eciant No.: 13-1352 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should. not be granted was served upon the following individuals on the date indicated below. MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 DATE: 41 Afi B MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 Phelan Hallinan, LLP athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 804450 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-1352 MATTHEW G. KRAUSE 106 REDBUD DR HOPKINSVILLE, KY 42240 LASHAWNA G. WALL 4128 APOLLO VILLAGE CIRCLE APT B COLORADO SPRINGS, CO 80916 DATE: /61 2ebG By: Justin F. 'obeski, Esq., Id. No.200392 Atto = for Plaintiff MATTHEW G. KRAUSE LASHAWNA G. WALL 1711 CREEK VISTA DRIVE NEW CUMBERLAND, PA 17070-2212 Phelan Hal � an, LLP 804450 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff vs. MATTHEW G. KRAUSE LASHAWNA G. WALL No.: 13-1352 Civil Division -ow CUMBERLAND CA r-- < > 2: Defendants ORDER AND NOW, this 29 ' day of Ctivdk.r. , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through August 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $152,057.24 $14,540.58 $178.04 $1,550.00 $1,582.97 $45.00 $279.72 $1,382.72 $8,984.85 TOTAL $180,601.12 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. P' i444 J. Kc s k, 804450 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor ' �`� |� 16 '. o ._' ~' �U|�BERLA� _ PEWISyyV8H\` Welis Fargo Bank, N.A. vs. Matthew G Krause (et al.) Case Number 2013-1352 SHERIFF'S RETURN OF SERVICE 1001C2014 Affidavit of Service on Lashawna G. WaJI filed in the Sheriffs Office. 10/01/2014 AffidavitofService on Matthew G. Krausefiled in the Sheriffs Office. 10/02/2014 09:08 PM - Deputy Christopher Sharpe, 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 1711 Creek Vista Drive, Lower Allen - Township, New Cumberland, PA 17070, Cumberland County. 12/02/2014 Affidavit of Service to Lienholders Filed in Sheriffs Office 12/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 03, 2014 at 10:00AM. He sold the same for the sum of $87,121.00 to Ken Offidani on behalf of Benchmarq Holdings LLC. Benchmarq Holdings LLC. , being the buyer in this execution, paid to the Sheriff the sum of $92.185.40. SHERIFF COST: $2,597.25 SO ANSWERS, December 22, 2014 RON R ANDERSON, SHERIFF (circourinStiiie Sheriff, Teleesm/� THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. MATTHEW G. KRAUSE, LASHAWNA G. WALL WRIT OF EXECUTION NO 13-1352 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $159,169.71 L.L.: $.50 Interest FROM 6/25/14 TO DATE OF SALE ($26.16 PER DIEM) - $4,237.92 Atty's Comm: Atty Paid: $267.71 Plaintiff Paid: Date: 6/25/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary (Seal) B3C.. REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Deputy TRUE COPY FROM RECORD In Testimony Whereof, i here unt aril t�n � c set my hand ^sseal of said Co rt at Carlisle, Pa. This O[ 5 day of V 20� Prothonotary tm kQ LXIII 42 CUMBERLAND LAW JOURNAL 10/17/14 Writ No. 2013-1352 Civil Term Wells Fargo Bank, N.A. vs. Matthew G. Krause Lashawna G. Wall Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-1352, Wells Fargo Bank, N.A. v. Matthew G. Krause, Lashawna G. Wall owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUM- BERLAND County, Pennsylvania, being 1711 Creek Vista Drive, New Cumberland, PA 17070-2212. Parcel No. 13-25-0008-003. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $159,169.71. 72 i 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 17, October 24 and October 31, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 31 day of October, 2014 Q Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 i The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'rl�e patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-1352 Civil Term Wells Fargo Bank, N.A. vs. Matthew G Krause Lashawna G Wall Atty: Joseph Schalk By virtue of a Writ of Execution, No. 13-1352 Wells Fargo Bank, N.A. v. Matthew G. Krause Lashawna G. Wall owner(s) of property situate in -4, LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1711 Creek Vista Drive, New Cumberland, PA 17070-2212 Parcel No. 13-25-0008-003. 1creage or street address) orovements thereon: SIDENTIAL DWELLING ;ment Amount: $159,169.71 This ad ran on the date(s) shown below: 10/19/14 10/26/14 11/02/14 Swornt��subscribed before me this 17 day of November, 2014 A.D. AO Notary Public COMMONWEALTF QF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Benchmarq Holdings LLC is the grantee the same having been sold to said grantee on the 3rd day of December A.D., 2014, under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1352, at the suit of Wells Fargo Bank, N A against Matthew G. Krause & LaShawna G. Wall is duly recorded as Instrument Number 201501246. IN TESTIMONY WHEREOF, I have hereunto set my hand and,.eal of said office this day of Recorder of Deeds ecorder o eds, Cumberland County, Carlisle, PA My Comm'. ion Expires the First Monday of Jan. 2018