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Home My WebLink About13-2130 Supreme Court of Pennsylvania t0of Cour c 2 7RS ' Pleas , For Prothonotary Use Only: CivWC36ver; Sheet CUMBERLAND County Docket No: ` i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service o pleadin s or other papers as required by lcnv or rules of court_ S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: SHAWN E. BORNES A/K/A SHAWN T EDWARD BORNES Dollar Amount Requested: 11 within arbitration limits I Are money damages requested? ❑Yes Z No x O (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appel]ant's Attorney: Meredith Wooters Esg Id No.307207 Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01101120 IC �iaT rfG��O TAF y 2 D 1 .3APf� 2Z Alf 10: � . C�1 pB ERtAN p CO 5 ENNS YLVANI PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V i Plaintiff, NO.: 1 �j — l3� ! vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090 -7506 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW,.� J BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 6 2 , 71 062 -PA -V3 2. The Defendants, SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES and JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES, are individuals whose last known address is 110 FARMINGDALE ROAD, WEXFORD, PA 15090 -7506. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about December 12, 2008, SHAWN E. BORNES and JENNIFER A. BORNES made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $232,750.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200839841. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. 6. SHAWN E. BORNES A /K/A SHAWN EDWARD BORNES and JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for,'inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 062 -PA -V3 8. As of 04/02/2013; the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $218,939.29 Interest $5,503.49 10/01/2012 through 04/02/2013 Late Charges $187.41 Property Inspections $30.00 Escrow Deficit $629.49 TOTAL $225,289.68 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff s attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. The mortgage premises are vacant and abandoned 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $225,289.68, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. (� By. Date: ( Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" FIXED RATE NOTE QECE BER 12, 200 CAMP HILL PENNSYLVANIA Date city State 5 WINEBERRY DRIVE MECHANICSBURG PA 17055 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 232,750.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK N-A- I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, i will pay Interest at a yearly rate of 5.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on FEBRUARY,1, 2009 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JANUARY 1, 2039 , I still owe amounts under this Note, I will pay those amounts in full on that date, which Is called the "Maturity Date." I will make my monthly payments at WELLS FARGO BANK, N.A. P.O. BOX 11701 NEWARK NJ 07101 -4701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,249.46 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a 'Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note, however, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED NOTE - Single Faaply - FNMAIFHLWC UNIFORM INSTRUMENT FORM 3249 1101 1 of 3 ECDt1L REV.04110102 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly pa ment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full.amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at.a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be.given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. toaM $200 110t MULYMTAIE FIXED NOTE • Sirplt Family • FNMA/FHLiAC UNIFORIA INSTRUMENT FOAM REV. 0010102 2 013 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions l may be required to make immediate payment in full of all amounts that I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate ayment in exe of b Y mLender secur proh i b i ted t by Appli option shall not b If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall rovide a period of not less than 30 days from the date the notice is given.in accordance with Section 15 within which Borrower must pay ail secured by this Security Instrument. If Borrower by t Sec�inity Instrument expiration of furt ie or demand invoke Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) - orrower (Sign Original Only) WITHOUT RECOURSE PAY TO THE ORDER OF W£L- FAR(i0 BANK, N.A. I IJ- �, BY uan M, Miiis, Vlce President NOTE • Single Family • FNMA(FHIIAC UNIFORM INSTRUMENT FORM 3200 1101 MULTISTATE FIXED cf 3 ECOttI REV. 04124102 3 Exhibit "B" LEGAL DESCRIPTION BEGINNING at a point on the southern right -of -way line of Wineberry Drive at the northwest corner of Lot No. 2, Preliminary/Final Subdivision Plan for Harold Stoner 'Whitebrier' recorded in Plan Book 66, Page 121, Cumberland County Recorder of Deeds Office; THENCE by Lot No. 2 South 22 degrees 21 minutes 09 seconds West 135.84 feet to a point at lands now or formerly of Upper Allen Township; THENCE by said lands now or formerly of Upper Allen Township and lands now or formerly of Randy L. Lerew North 67 degrees 38 minutes 51 seconds West 75.00 feet to a point on the southeast corner of Lot No. 4; THENCE by Lot No. 4 North 22 degrees 21 minutes 09 seconds East 135.84 feet to a point on the southern right -of -way line of Wineberry Drive; THENCE along the southern right -of -way line of Wineberry Drive South 67 degrees 38 minutes 51 seconds East 75.00 feet to the point and place of BEGINNING. CONTAINING 10,188 square feet, more or less. BEING Lot No. 3 on the Preliminary/Final Subdivision Plan for Harold D. Stoner "Whitebrier" recorded in Plan Book 66, Page 121, Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, covenants and rights of way of prior record, including covenants, restrictions and reservations recorded in Miscellaneous Book 456, Page 825. PROPERTY ADDRESS: 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055 -5671 PARCEL # 42 -27- 1890 457 File #: 316938 VERIFICATION Steve DeFurio, hereby states tha he he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, th he/ he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of (his her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. e Name: Steve DeFurio Title: Vice President Loan Documentation Company: Wells Fargo Bank N.A. Date: 04/04/2013 086 -PA -V2 File #316938 IN THE COURT OF COMMON WELLS FARGO BANK, N.A. PLEAS c7 Plaintiff(s) OF CUMBERLAND COUNT - 1 PENNSTLVANIA �7 =-q vs. rnW rn 3 ' rns,. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES n o JENNIFER A. BORNES t -- x x -„ A/K/A JENNIFER ANN BORNES l a CD ' - ' Defendant ( s ) Civil = G NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: u t4 �S Date Meredith Wooters, Esq., Id. No.307207 Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/1 APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? � CO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 "d Mortgage Utilities Car Payments Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Sup ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining, reason for delinquency and any supporting documentation .(hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 '(800) 990 -9108 File #: 316938 SHERIFF'S OFFICE OF CUMBERLAND COUNTY., Ronny R Anderson ■ = nA«Os. U j '. it Sheriff k . . `°4, at at i�[acrtt Y Jody S Smith ,� � ZQ tic �' 2.14 Chief Deputy ;iii 5tL�� Gp° Richard W Stewart rs0AB \1011 , Solicitor .� �_ _ m pQ3� 5�1. Wells Fargo Bank, N.A. vs. Case Number Shawn E. Bornes (et al.) 2013-2130 SHERIFF'S RETURN OF SERVICE 04/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shawn E. Bornes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5 Wineberry Drive, Upper Allen Township, Mechanicsburg, PA 17055. Residence is vacant. 04/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shawn E. Bornes, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 04/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer A. Bornes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5 Wineberry Drive, Upper Allen Township, Mechanicsburg, PA 17055. Residence is vacant. 04/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer A. Bornes, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/16/2013 01:10 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Allegheny County upon Connie(no last name given), Mother of defendant,who accepted for Jennifer A. Bornes, at 110 Farmingdale Road, Wexford, PA 15090-7506. William Mullen, Sheriff, Return of Service attached to and made part of the within record. 05/16/2013 01:10 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Allegheny County upon Connie (no last name given), Mother of defendant who accepted for Shawn E. Bornes, at 110 Farmingdale Drive, Wexford, PA 15090. William Mullen, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $73.00 SO ANSWERS, 1(6.1: June 13, 2013 RONKI ANDERSON, SHERIFF ohect }soft.....,. SI RIFF'S OFFICE OF CUMBERLAN COUNTY Ronny R Anderson Sheriff Jody S Smith Richard W Stewart Chief Deputy �` � �' Krf Solicitor Wells Fargo Bank N.A. g o Case Number vs. Shawn E. Bornes SERVICE COVER SHEET O N Service D tails: • � y , ;,. � o Category: Civil Action - Notice of Residential Mortgage Foreclosure Diversion Progr Zone: X Manner: Deputize Expires: aderi is ' Warrant: w Notes: 0 xn o Serve Tc `° `' Final Servi a Served: Perso -lly •Adult In Charge : ".sted • Other rimary r Adult In coy Q C e -`? ddress. ,,,. • Charge: r- ui N Phone: 724-713-8130 DOB: 08/25/1971 Relation: - -e.3 "—vtCTS ' Lu Alternate Time: o Address: Date: , l(D C t3 1 r Phone: Deputy: W LL Attorney1Orl inator < g q Name: Phelan Hallinan, LLP Phone: 215-563-7000 Service Attempts: _ Date: 1 r�a��..� �� i ..._ F,), Time: i M M Mileage: IIIIIIIIII N Deputy: MIN ii N©tee°/$ �er�ci�aylln � Wi'11'�� '" Notarial Seal - ir/ ) CE Eda lean VrUt�C3vvrQ,!votary Public I i 1 I City of Pittsburgh,Allegheny County 110-k I a l , u,i My Commission Expires May 28 2016 MEMBER,PENNSYLVANIA ASSOCIATION OP N4?Avuos 414 A / ,I = Now, April 22, 2013 I, Sheriff of Cumberland County, Pennsylvania do h- :.+•Tiv■: tize the Sheriff of Allegheny County to co execute service of the documents herewith and make return thereof according t• w. vi z Return To: Cumberland County Sheriffs Office m One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t vo tit�.irai� rrA�i Sheriff - tr Jody S Smith Richard W Stewart Chief Deputy A d4( 2 =: , Solicitor Wells Fargo Bank, N.A. /• Case Number vs. Shawn E. Bornes (et al.) wailliallil` SERVICE COVER SHEET Pi N Service`Details: ` - ,1 o Category: Civil Action -Notice of Residential Mortgage Foreclosure Diversion Progr, Zone: w Manner: Deputize Expires: .fir► Warrant: _. i.0 Notes: 0 u) ti 0 rn 0 to a Serve To: Final Services**,, ,, ... _ f, , g ame: isowiliniM1110 Served: Person- •Adult In Chars- - Posted • Other xim Adult In \ w ddress: - Charge: %Q Q• Phone: DOB: Relation: 1 r t v. (...c4—_, O w —•• Time: l (o •dre .L f0 i—, W` Q z Deputy:-hone: Mileage: cc• Attorney/Originator '' _: `, „, u_ Name: Phelan Hallinan, LLP Phone: 215-563-7000 Service Aftempts. T,Date: I — ' £, °i,t1 I I 1 I 11 I M Time: II 1,_ ] F_—_] El c'' Mileage: M T N Deputy: , Notes/Special Instructions: _ '' ' Q 9TOZ'ez Aew saMldxe uolsquiwop W ✓ • { etuf f CL Alunco Auagballtl'U6JnQsZ!!d P A20 •- ui 3tIgnd/ueloN'p.empooM ueaf ep3 �jv �,/t >% .o�✓`� {gas lemelort z Now,April 22, 2013 I, S �► �•__ � ' _ ®� w p r� ?��lsylvania do he •e•� �/e e en/ .f" a eny ounty o 1 execute service of the documents herewith and make return thereof acco .;uri o 40 vi w z Return To: g Cumberland County Sheriff's Office m One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff .LJJ 3}T H PHELAN HALLINAN,LLP t 103 1 Jonathan Lobb,Esq.,Id.No.312174 ! 1617 JFK Boulevard,Suite 1400 x,11 One Penn Center Plaza ' j ERtLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY SHAWN E. BORNES A/K/A SHAWN No. 13-2130 CIVIL EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAT LIN N,LLP By: J an Lobb,Esq., Id. No.312174 Attorney for Plaintiff Date: -- --F-L �� /nru,Svc Dept. File#810697 CM � 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ol Jody S Smith Chief Deputy J t rj L s 41 s G Richard W Stewart Solicitor U m i t i f 1 ` i L,U h, PEfix',NSYI.',<'ANIN Wells Fargo Bank, N.A. vs. Case Number Shawn E. Bornes(et al.) 2013-2130 SHERIFF'S RETURN OF SERVICE 11/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer A. Bornes, but was unable to locate the Defendant in the ...... ..... ..... Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer A. Bornes, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Butler, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/27/2013 03:10 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Butler County upon Jennifer A. Bornes, personally, at 120 Maria Lane, Zelienolple, PA 16063-1420. Michael T. Slupe, Sheriff, Return of Service attached to and made part of the within record. 12/17/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Allegheny County upon Marianne, defendant' mother, who accepted for Jennifer A. Bornes, at 9231 Highland Road, Pittsburgh, PA 15237. William Mullen, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, December 19, 2013 RONNY R ANDERSON, SHERIFF s f . SHERIFF'S OFFICE OF CUMBERLAND COUNTY q onny R Anderson ��,01 C11114tar„/qtr / Sheriff t Jody S Smith Richard W Stewart Chief Deputy pp `-F T14#= Solicitor Wells Fargo Bank, N.A. Case Number vs. Shawn E. Bornes(et al.) 0 SERVICE COVER SHEET N sj M Semite Details:• M,ArM A . � . r `V Category: Civil Action -Notice of Residential Mortgage Foreclosure Diversion Progr Zone: X Manner. Deputize Expires: Warrant: W Notes: a. M N tp r Q % _ Serve .' .. ,3-0 . . . D Name: Served: Personally • dult In Char osted Other "rimary � � Adult In �lC address: ,Pi Charge: o Phone: DOB: Relation: r W Alternate Time: o Address: Date: ..�..�.� � Z = Phone: Deputy: fleage: 2 - �� , Attorr�erf�:Or<girr, tor a,'a,. Cl) c” Name: Phelan Hallinan, LLP Phone: '215-563-7000 o� Service Attempts: m4 . . .� „� g Date: M ,Time: r , N Mileage: M r- N Deputy: L 7XA— Notarial Seal Q a Eda Jean Woodward,Notary Public < City of Pittsburgh,Allegheny County My Comr.r'sslon Expires May 28,2016 LL MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES Z Z Now, Novem er 8, 2013 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County W to execute se • e of the documents herewith and make return thereof according to law. uS W z� Return To: 0 Cumberland County Sheriffs Office - M One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintiff(s) NUMBER 13-2130 CIVIL WELLS FARGO BANK, N.A. Defendant(s) SHERIFF'S NUMBER SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES COST MILEAGE JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES DISTRICT Serve At _Summons xx Complaint JENNIFER A. BORNES A/K/A JENNIFER _Other ANN BORNES 9231 HIGHLAND RD TYPE OF ACTION PITTSBURGH, PA 15237-4531 Mortgage Foreclosure Special Instructions PLEASE DEPUTIZE TO ALLEGHENY COUNTY TO BE COMPLETED BY SHERIFF 1 �--Syyet�rved�nd!; d`e ow'n to Defendant,o t 2 '� 'day of ,20L at o'clock nt.,at % 17 `T''`'\ —D ,County of ,"Commonwealth of Pennsylvania,in the manner described below: Defendant(s)personally served. Adult family member with whom said 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. a officer of said Defendant company. Other: � ��r �QtlSCN� l h SHE By: �Deputy On �e c oc ,_.m.,Defendant not found because: _Moved _Unknown _No Answer _Vacant _Other SHERIFF By: Deputy Sheriff DEPUTIZED SERVICE Now,this_day of ,20_,I,Sheriff of County,Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: Deputy Sheriff. ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY /attomevName ATTEST 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Pro Prothy Philadelphia,PA 19103 Date File#810697 Countp of jgutler, Vennoplbania Office of( ount.v Sheriff Michael T. Slupe, Sheriff Mark A. Peffer,Chief Dcpnty 'I'lromas W. King,III.,Solicitor Sheriff File Number— 13003202 Court Docket#: 2013-2130 CLIMB County of, Commonwealth of WELLS FARGO BANK,NA Affidavit of Service vs. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE TO DEFEND, COUNTS &VERIFICATION JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ET AL I hereby CERTIFY and RETURN that on 11/27/2013 at 3:10 PM at 120 MARIA LANE ZELIENOPLE, PA 16063 the within COMPLAINT IN MORTGAGE FORECLOSURE, was served on JENNIFER A. BORNES A/K/A ENNIFER ANN BORNES,the defendant named therein, in the following manner: PERSONAL PERSON By delivering to and leaving with JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES personally a true copy thereof, said person being known or identified to me as the person mentioned and described therein. Fees Received from Attorney:$60.60 Attorney Name:PHELAN HALLINAN&SCHMIEG LLP, 1617 JFK BOULEVARD, SUITE 1400 NE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Affirmed&Subscribed to before Me 12/12/2013 JASO. OUNG, De ty Sher' f Notary Public My commission expires: 1ROTHONOTARIf OFFICIAI THE Sheriff,Butler n Pennsylvania MISSION EXPIRES FIRST MONDAY IN JAN,Mir, Michael T. Slupe S tstt'..7 P""'PS ` kr.Sheriff's Office Courthouse • P.O. Box 1208 • Butler,PA 16003-1208 Fax: (724) 284- 5248 • Telephone (724) 284-5245 • TDD (724) 284-5473 e j PHELAN HALLINAN, LLP 25/4 J,p Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 '7 49 AM//: 1617 JFK Boulevard, Suite 1400 ClIFIBE'R �� One Penn Center Plaza NNS COUNTY Philadelphia, PA 19103 �,VAN!A Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY . COURT OF COMMON PLEAS vs. CIVIL DIVISION SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES No. 13-2130 CIVIL JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts, to wit: (a) that the defendant(s)is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES is over 18 years of age and has last known addresses at 110 FARMINGDALE ROAD, WEXFORD, PA 15090- 7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671. (c) that defendant JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES is over 18 years of age and has last known addresses at 120 MARIA LN, ZELIENOPLE, PA 16063-1420, 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671, and 9231 HIGHLAND RD, PITTSBURGH, PA 15237-4531. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (72 'fl% 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 810697 Department of Defense Manpower Data Center Results as of:Jan-28-2014 05:51:16 AM SCRA 3.0 � r t �► ; Status Report tto - r i m ivf1 Relief t , t Last Name: BORNES First Name: JENNIFER Middle Name: A Active Duty Status As Of: Jan-28-2014 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 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Y)14tlit 0(04gtotist... l Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 a Department of Defense Manpower Data Center Results as of:Jan-28-2014 05:51:19 AM SCRA 3.0 JJ R�«m w,tom. Status Report !•. Pursuant to Servicenterabers Civil Relief Act Last Name: BORNES First Name: SHAWN Middle Name: E Active Duty Status As Of: Jan-28-2014 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 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )0161. 4„ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 f , PHELAN HALLINAN, LLP _, Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 fl fl 03:T.2' : 2 7 1617 JFK Boulevard, Suite 1400 C 'P�iB�f�L�t!' �l COUNT`' One Penn Center Plaza PENNSYL ANIA Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. . CIVIL DIVISION SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES No. 13-2130 CIVIL JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES is over 18 years of age and has last known addresses at 110 FARMINGDALE ROAD, WEXFORD, PA 15090- 7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671. (c) that defendant JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES is over 18 years of age and has last known addresses at 120 MARIA LN, ZELIENOPLE, PA 16063-1420, 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671, and 9231 HIGHLAND RD, PITTSBURGH, PA 15237-4531. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2.7 \5/7t 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 810697 Department of Defense Manpower Data Center Results as of:Feb-05-2014 12:10.30 AM SCRA 3.0 �y 2 Add a t Status kph • Pursuant to Servicentembers Civil Relief Act Last Name: BORNES First Name: JENNIFER Middle Name: A Active Duty Status As Of: Feb-05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date i Active Duty End Date Status Service Component:. NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ,Y)1/1441e YA. t %— ' i 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.Feb-05-201412:1032 AM SCRA 3.0 `&' Status Rpm Pursuant to Servicententhers Civil Relief Act Last Name: BORNES First Name: SHAWN Middle Name: E Active Duty Status As Of: Feb-05-2014 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 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4041, it Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 1: . f S�Ji11r iftii't'�„ PI-IELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.T1,7fE13 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 6EnLAND i3OlJNPr' Philadelphia, PA 19103 FENI SYLVANIA .Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SHAWN E. BORNES CIVIL DIVISION A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES No. 13-2130 CIVIL A/K/A JENNIFER ANN BORNES 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 SHAWN E.BORNES A/K/A SHAWN EDWARD BORNES and JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES, 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 $225,289.68 TOTAL $225,289.68 I hereby certify that(1)the Defendants' last known addresses are 110 FARMINGDALE ROAD, WEXFORD, PA 15090-7506, 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671, 120 MARIA LN, ZELIENOPLE, PA 16063-1420, and 9231 HIGHLAND RD, PITTSBURGH, PA 15237- 4531, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237 1. Date Ae /I q JgZathan Lobb, Esq., Id.No.312174 Attorney for aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d b ) I a PH# 810697 PROTHONOTARY 13�Oo� 810697 9—* ��► 1J o� ce n)a: 1-p-,4 PHELAN HALLINAN, LLP Attorney for Plaintiff .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. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION SHAWN E.BORNES A/K/A SHAWN EDWARD BORNES No. 13-2130 CIVIL JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES is over 18 years of age and has last known addresses at 110 FARMINGDALE ROAD, WEXFORD, PA 15090- 7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671. (c) that defendant JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES is over 18 years of age and has last known addresses at 120 MARIA LN, ZELIENOPLE, PA 16063-1420, 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671, and 9231 HIGHLAND RD, PITTSBURGH, PA 15237-4531. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date d PhellayMallinan,LLP Jonat an 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 810697 Department of Defense Manpower Data Center Results as of:Feb-06-2014 05:33:50 AM SCRA 3.0 State Repilu i Punumt to Servicemembeirs Civil Relief Act Last Name: BORNES First Name: JENNIFER Middle Name: A Active Duty Status As Of: Feb-06-2014 On Active Duty On Active Duty 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 Lett Active Duty Within 367 pays of Active Duty Status Date Active Duty Start Date ' ' Active Duty End Date Status Service Component. NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. xA )uk In- t +—` 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:Feb-O6-201405:33:52 AM SCRA 3.0 Staws Repwt Pumumt to Servicemembers Civil Re of Act Last Name: BORNES First Name: SHAWN Middle Name: E Active Duty Status As Of: Feb-06-2014 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 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date .Order Notification End Date Status Service Component`. NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. xA Ahky Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES CIVIL DIVISION JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES No. 13-2130 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on Aft 71, .} Y If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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 ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTR UED TO BE ANATTEMPT TO COLLECT A DEBT, B UT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY" 810697 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. SHAWN E.BORNES A/K/A SHAWN EDWARD NO. 13-2130 CIVIL BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN CUMBERLAND COUNTY BORNES Defendant(s) TO: SHAWN E.BORNES A/K/A SHAWN EDWARD BORNES 110 FARMINGDALE ROAD WEXFORD,PA 15090-7506 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By. Emily M.Phelan, Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#810697 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION' V. SHAWN E.BORNES A/KIA SHAWN EDWARD • NO: 43-2130 CIVIL BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN CUMBERLAND COUNTY BORNES Defendant(s) TO: SHAWN E.BORNES AWA SHAWN EDWARD BORNES 5 WINEBERRY DRIVE MECHANICSBURG,PA 17055-567711 DATE OF NOTICE: Z / r THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:_ _- Emily M. Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#810697 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. SHAWN E.BORNES A/K/A SHAWN EDWARD NO'. 13-2130 CIVIL , BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN CUMBERLAND COUNTY BORNES Defendant(s) TO: JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE,PA 16063-1420 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 ,- (717)249-3166 By: Emily M.Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#810697 WELLS FARGO'BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. SHAWN E.BORNES A/K/A SHAWN EDWARD NO. 13-2130 CIVIL BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN CUMBERLAND COUNTY BORNES Defendant(s) TO: JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBU RG,PA 17055-5671 IDATE OF NOTICE: t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Emily M.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#810697 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. SHAWN E.BORNES A/K/A SHAWN EDWARD' NO. 13-2130 CIVIL BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN CUMBERLAND COUNTY BORNES Defendant(s) TO: JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH,PA 15237-4531 DATE OF NOTICE:. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Emily M. Phelan,Esq., Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH'#810697 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.: 13-2130 CIVIL SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $225,289.68 Interest from 02/08/2014 to Date of Sale $4,332.51 ($37.03 per diem) TOTAL $229,622.19 Phe Hallinan, LLP Jonathan Lobb, Esq., Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH# 810697 t C'7 r ..x OuV212 toot - s a 01s . sa a Asaa C . Cly 13Roo(O 3�q ASS LEGAL DESCRIPTION BEGINNING at a point on the southern right-of-way line of Wineberry Drive at the northwest corner of Lot No.2, Preliminary/Final Subdivision Plan for Harold Stoner'Whitebrier'recorded in Plan Book 66, Page 121, Cumberland County Recorder of Deeds Office;THENCE by Lot No. 2 South 22 degrees 21 minutes 09 seconds West 135.84 feet to a point at lands now or formerly of Upper Allen Township;THENCE by said • lands now or formerly of Upper Allen Township and lands now or formerly of Randy L. Lerew North 67 degrees 38 minutes 51 seconds West 75.00 feet to a point on the southeast corner of Lot No.4;THENCE by Lot No.4 North 22 degrees 21 minutes 09 seconds East 135.84 feet to a point on the southern right-of-way line of Wineberry Drive;THENCE along the southern right-of-way line of Wineberry Drive South 67 • degrees 38 minutes 51 seconds East 75.00 feet to the point and place.of BEGINNING. • CONTAINING 10,188 square feet,more or less. • BEING Lot No. 3 on the Preliminary/Final Subdivision Plan for Harold D. Stoner'Whitebrier'recorded in Plan Book 66,Page 121,Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT,NEVERTHELESS,to restrictions,covenants and rights of way of prior record, including covenants,restrictions and reservations recorded in Miscellaneous Book 456,Page 825. • TITLE TO SAID PREMISES IS VESTED IN Shawn E. Bornes and Jennifer A. Bornes, h/w, by Deed from Thomas A. Kerstetter, III and Mary Lou Kerstetter, h/w, dated 12/12/2008, recorded 12/16/2008 in Instrument Number 200839840. • PREMISES BEING: 5 WINEBERRY DRIVE,MECHANICSBURG,PA 17055-5671 PARCEL NO.42-27-1890-157 • • • • • PHELAN HALLINAN, LLP Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 FEB -7 AM I I: 12 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-2130 CIVIL SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan,LLP Jonathan Lobb,Esq., Id.No.312174 Attorney for Plaintiff WEIR[.S FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION v. • NO.: 13-2130 CIVIL SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES • JENNIFER A. BORNES A/K/A JENNIFER ANN • BORNES CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 5 WINEBERRY DRIVE, MECHANICSBURG,PA 17055-5671. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SHAWN E.BORNES 110 FARMINGDALE ROAD A/K/A SHAWN EDWARD BORNES WEXFORD,PA 15090-7506 JENNIFER A.BORNES 120 MARIA LN A/K/A JENNIFER ANN BORNES ZELIENOPLE,PA 16063-1420 '✓; ' _ rn Co T t n rn ' 9231 HIGHLAND RD PITTSBURGH,PA 15237-4531 crs t tom- —J c-, 2. Name and address of Defendant(s)in the judgment: c-) Name Address(if address cannot be reasonably =c;) , _ ascertained,please so indicate) SHAWN E.BORNES 110 FARMINGDALE ROAD A/K/A SHAWN EDWARD BORNES WEXFORD,PA 15090-7506 JENNIFER A.BORNES 120 MARIA LN A/K/A JENNIFER ANN BORNES ZELIENOPLE,PA 16063-1420 9231 HIGHLAND RD PITTSBURGH,PA 15237-4531 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) LVNV FUNDING,LLC EDWIN A.ABRAHAMSEN&ASSOCIATES, C/O MICHAEL F.RATCHFORD, ESQUIRE P.C. 120 N KEYSER AVE SCRANTON,PA 18504 LVNV FUNDING,LLC. 15 SOUTH MAIN STREET GREENVILLE,SC 29601 PH# 810697 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) • None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 5 WINEBERRY DRIVE MECHANICSBURG,PA 17055-5671 JENNIFER A.BORNES 635 NORTH 12TH STREET SUITE 101 C/O QUINTINA M.LAUDERMILCH, LEMOYNE,PA 17043 ESQUIRE SHAWN E.BORNES 5000 RITTER ROAD SUITE 202 C/O JEANNE B.COSTOPOULOS,ESQUIRE MECHANICSBURG,PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Z(5 it( By: Phe/Hallinan,LLP Jonathan Lohb,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 PH# 810697 + f WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS c2Liet,11:3FEEBRL:A7N:ciolui, Plaintiff : CIVIL DIVISION vs. PENNSYLVANIA : NO.: 13-2130 CIVIL SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAWN E. BORNES JENNIFER A. BORNES A/K/A SHAWN EDWARD BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD 9231 HIGHLAND RD WEXFORD, PA 15090-7506 PITTSBURGH, PA 15237-4531 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 **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 5 WINEBERRY DRIVE,MECHANICSBURG,PA 17055-5671 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$225,289.68 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2130 CIVIL WELLS FARGO BANK,N.A. v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 Parcel No. 42-27-1890-157 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $225,289.68 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION BEGINNING at a point on the southern right-of-way line of Wineberry Drive at the northwest corner of Lot No.2,Preliminary/Final Subdivision Plan for Harold Stoner'Whitebrier'recorded in Plan Book 66,Page 121, Cumberland County Recorder of Deeds Office;THENCE by Lot No.2 South 22 degrees 21 minutes 09 seconds West 135.84 feet to a point at lands now or formerly of Upper Allen Township;THENCE by said lands now or formerly of Upper Allen Township and lands now or formerly of Randy L. Lerew North 67 degrees 38 minutes 51 seconds West 75.00 feet to a point on the southeast corner of Lot No.4;THENCE by Lot No.4 North 22 degrees 21 minutes 09 seconds East 135.84 feet to a point on the southern right-of-way line of Wineberry Drive;THENCE along the southern right-of-way line of Wineberry Drive South 67 degrees 38 minutes 51 seconds East 75.00 feet to the point and place of BEGINNING. CONTAINING 10,188 square feet, more or less. BEING Lot No. 3 on the Preliminary/Final Subdivision Plan for Harold D. Stoner'Whitebrier'recorded in Plan Book 66,Page 121,Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT,NEVERTHELESS,to restrictions,covenants and rights of way of prior record, including covenants,restrictions and reservations recorded in Miscellaneous Book 456,Page 825. TITLE TO SAID PREMISES IS VESTED IN Shawn E. Bornes and Jennifer A. Bornes, h/w, by Deed from Thomas A. Kerstetter, III and Mary Lou Kerstetter, h/w, dated 12/12/2008, recorded 12/16/2008 in Instrument Number 200839840. PREMISES BEING: 5 WINEBERRY DRIVE,MECHANICSBURG,PA 17055-5671 PARCEL NO.42-27-1890-157 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2130 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A. Plaintiff(s) From SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES,JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $225,289.68 L.L.: $.50 Interest FROM 2/8/2014 TO DATE OF SALE($37.03 PER DIEM)-$4,332.51 Atty's Comm: Due Prothy: $2.25 Any Paid: $295.50 Other Costs: Plaintiff Paid: Date: 2/7/14 David D.Buell,Prothonotary (Seal) B : // /� . W:ez/_ Deputy REQUESTING PARTY: Name: JONATHAN LOBB, 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. 312174 PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH # 810697 SERVICE TEAM/ lxh COURT NO.: 13 -2130 CIVIL DEFENDANT SHAWN E. BORNES A/K/A SHAVVN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES SERVE JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES AT: 120 MARIA LN 7ELIENOPLE, PA 16063 -1420 * *DIVORCED- One cannot accept service for the other ** SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Served and made known to JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES, Defendant on the 22-day of 1:719 20 t at o'clock 4)M., at / v Me / rCL L,J Defendant personally served. e r° "GptC 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. . in the manner described below: • Other: Description: Age 510 Height 5 to Weight /ZS Race GeJ Sex Other rime • ) (, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. NAME: PRINTED N'AAME: c ti°2 ... % i/ TITLE: ✓3&- v/t NOT SERVED On the day f 20 , at o'clock _. M., I, , a competent adult hereby state that. Defendant NOT FOUND because: Vacant Does Not Exist No Answer on Service Refused Other: I understand that this statement falsification to authorities. at _ Moved — Does Not Reside (Not Vacant) at is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 LINDE- 0, Pt.S`y� a�G PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION SHAWN E. BORNES A/K/A SHAWN EDWARD : BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN : No.: 13-2130 CIVIL BORNES Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 810697 SIIWIi�i eredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 7.%14• 1SEr;LAND PENNSYLVANIA PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION SHAWN E. BORNES A/K/A SHAWN EDWARD : BORNES : No.: 13-2130 CIVIL JENNIFER A. BORNES A/K/A JENNIFER ANN : BORNES Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SHAWN E. BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 PH # 810697 SHAWN E. BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 Date: PH # 810697 hol/N JENNIFER A. BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 2Li C(��CR A+bRNESI T FOR PLAINTIFF PENN V COUNT,/I A Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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 April 22, 2013. 2. Judgment was entered on February 7, 2014 in the amount of $225,289.68. 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 August 6, 2014. 810697 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 June 11, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $218,939.29 $18,544.92 $187.41 $1,650.00 $1,359.14 $1,500.00 $60.00 $546.96 $8,956.30 TOTAL $251,744.02 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 June 11, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 810697 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jonat ATT tkowicz, Esquire EY FOR PLAINTIFF 810697 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES 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 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055- 5671. 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 810697 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 810697 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 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 mortgagor s 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 810697 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 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. 810697 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. 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 810697 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. 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 Sheriffs 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 810697 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. 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. 810697 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 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: CO 1 \‘ `q By: Phelan allinan, LLP Jona Att M. Etko icz, Esquire for Plaintiff 810697 810697 r I 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. vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES �[ JENNIFER A. BORNES CIVIL A/K/A JENNIFER ANN BORNES a � PRAECIPE FOR II��JlUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES r 11._.ED-OFFIC` OFIHE PROTHONOTARY Attorney for Plaintiff 2014 FEB -7 AM II: 03 CUMBERLAND COUNTY - PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION TO THE PROTHONOTARY: II Kindly enter judgment in favor of the Plaintiff r 4.;,!-:,` SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES and JE i'.... • t e : � • . A JENNIFER ANN BORNES, Defendant(s) for failure to file an nsio • 00 ,' io aint within 20 days from service thereof and for foreclosure and sale of the= _ -'., : s, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL I hereby certify that (1) the Defendants' las` ; 4,; WEXFORD, PA 15090-7506 5 ,110: ' • i ,., '' ;�• ' , LELIENOPLE, PA 16063-1 4 c .,, . , • . si $225,289.68 4531, and (2) -that notice has been given in acc Date ,289.68 URG, PA 17055-5671,120 AND RD, PITTSBURGH, PA 15237 - with Rule Pa.R.C.P 237 1. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 810697 I athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PROTHONOTARY Exhibit "B" 810697 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania June 2, 2014 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 RE: WELLS FARGO BANK, N.A. v. SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES and JENNIFER A. BORNES, A/K/A JENNIFER ANN BORNES Premises Address: 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 13-2130 CIVIL 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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. .:oz, Esq., Id. No.208786 Aey for Plaintiff Enclosure 810697 Name and Address Of Sender Line 1 2 3 4 im0 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address SHAWN E. BORNES JENNIFER A. BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 SHAWN E. BORNES JENNIFER A. BORNES S WINEBERRy DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 JENNIFER A. BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 Postage $0.47 $0.47 Total Number of Pieces Listed by Sender RE: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES (CUMBERLAND) PH #810697/1200 Page 1 of 1 Form 3877 Facsimile Total Number of Pieces Received al Post Office Postmaster, Per (Name of Receiving Employee) $0.47 $0.47 $1.88 poa The full declaration of value is required on all domestic and international registered mall. The maxim nily payabl for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insuranc piece subject to a limit of S500,000 per occurrence. The maximum indemnity payable on Express Mail mere The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance, See Domestic Mail Miiival R900 S913 and S92 I for limitations or coverage. r 7,' 810697 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: By: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 Phe Jo . Etkowicz, Esquire AT • EY FOR PLAINTIFF 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants RULE AND NOW, this 1 41- day of v Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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. BY TH OURT �47/c.. J. c; zrrl cnc N ry 4;Tti 810697 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 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 �f�NNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 .�'HAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 ,,.ENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 810697 810697 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-2130 CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES, by certified mail and regular mail to SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES at 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and posting 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for August 6, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES, with the Notice of Sale at the mortgaged premises, 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Attempts to serve Defendant, SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES, with the Notice of Sale at 110 FARMINGDALE ROAD, WEXFORD, PA 15090, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The defendant does not reside at this address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit' "B". 6. Plaintiff contacted the Prothontary's Office and as of June 6, 2014, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 9, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs on June 9, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES, but has been unable to do so. 9. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of June 6, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES at 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and posting 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and by publication. Phelan Hallinan, LL DATE: Ce 29 11N By: /.%1.. Jo an obb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-2130 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) 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. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of 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. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and posting 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: G I i `(Y By: Jonatn Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-2130 CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. SHAWN E. BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 . JENNIFER A. BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 DATE: 4, to fly Phelan Hallinan, LLP By: Jo Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A" 810697 PLAINTIFF WE!ISFARGOBANK,N.A. AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH# 810697 DEFENDANT SHAWN E. BORNES A/K/A SHAWN EDWARD BORNFS JENNIFER A. BORNES A/K/A JENNIFER ANN BORNFS SERVE SHAWN E. BORNFS A/K/A SHAWN EDWARD BORNFS AT: S WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 **DIVORCED- One cannot accept service for the other** SERVED ,SERVICE TEAM/ kb COURT NO.: 13-2130 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Served and made known to SHAWN E. BORNES AJIC/A.SHAWN EDWARD BORNES, Defendant on the J, 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 a competent adult, hereby verify that I personally handed a nue 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: NAME PRINTED NAME: TITLE: On the ad' ds state. Vacant _ No Answer on Service Refused Other. I tinders falsification NOT SERVED 200 at _„3S o'clock A. M.. 1, Ronald Mol! , a competent adult hereby use: Gist _ Moved _Does Not Reside (Not Vacant) BY: PRINTED NAME: Ronald Mall ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 at statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PH # 810697 DEFENDANT 4ERVICE_T.EAiM/ Ixh SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES COURT NO.: 13-2130 CIVIL JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES SERVE SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES AT: 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 **DIVORCED- One cannot accept service for the other** SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014. Served and made known to SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES, 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, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: t /(t/ NAME On the al dayof state that -D lendnt I�tOT r `r)2014, at%:te) FOUND because: Does Not Exist _ Moved Does Not Reside (Not Vacant) at at . _ Vacant No Answer on Service Refused Other: 1, understand that 1'al i1' 'ation to authorn PRINTE AME:... TITLE: v�7r �4 NOT SERVED de o'clock M., .1, n^�e- (,a a competent adult hereby Pry BY: teeis made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn. ATTORNEY ,;FOR PLAINTIFF. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 EXHIBIT "B" 810697 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 810697 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Shawn E. Barnes & Jennifer A. Bornes Current Address: 5 Wineberry Drive, Mechanicsburg, PA 17055 Property Address: 5 Wineberry Drive, Mechanicsburg, PA 17055 Mailing Address: 5 Wineberry Drive, Mechanicsburg, PA 17055 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Shawn E. Bornes - xxx-xx-4545 Jennifer A. Bornes - xxx-xx-6128 B. EMPLOYMENT SEARCH Shawn E. Bornes & Jennifer A. Bornes - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Shawn E. Bornes & Jennifer A. Borns reside(s) at 5 Wineberry Drive, Mechanicsburg, PA 17055. H. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Shawn E. Bornes reside(s) at: 5 Wineberry Drive, Mechanicsburg, PA 17055, however had no listing for Jennifer A. Bornes. On 03-13-14 our office made a telephone call to the subject's phone number (717) 458-5479 and received the following information: not in service. B. On 03-13-14 our office searched directory assistance databases, which had no phone number for Jennifer A. Bornes. III. INQUIRY OF NEIGHBORS On 03-13-14 our office made a phone call in an attempt to contact Richard L. Krone (717) 620-8125, 3 Wineberry Drive, Mechanicsburg, PA 17055: spoke with an unidentified male who confirmed that Shawn E. Bornes & Jennifer A. Bornes reside(s) at 5 Wineberry Drive, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-13-14 we reviewed the National Address database and found The following information: Shawn E. Bornes - 5 Wineberry Drive, Mechanicsburg, PA 17055 & Jennifer A. Bornes -120 Maria Lane, Zelienople, PA 16063. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses On file. V. OTHER INQUIRIES DEATH RECORDS As of 03-13-14 Vital Records and all public databases have no death record on file for Shawn E. Bornes & Jennifer A. Barnes. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Shawn E. Borns - not available Jennifer A. Bornes -1976 B. A.K.A. Jennifer A. Germeyer; Jennifer Kramer * 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 C.S. Sec. 4904 relating to unsworn falsification to authorities. 1�Lrt cv Veri The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" SUSAN P. Moran, Legal Service Department June 9, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA .19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 RE: WELLS FARGO BANK, N.A. v. SHAWN E. BORNES and JENNIFER A. BORNES Premises Address: 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 CUMBERLAND County, No. 13-2130 CIVIL Dear Defendant, 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), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 16, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 810697 Name and Address Of Sender Line 1 2 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SPL Name of Addressee, Street, and Post Office Address SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 Postage $0.47 $0.'47 RE: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES (CUMBERLAND) TEAM 4 PH # 810697/1021 Page 1 of 1 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 maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. Form 3877 Facsimile CONCURRENCE 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. • CIVIL DIVISION Plaintiff • NO. 13-2130 CIVIL x t • c.3 c_ V. • • cn N) =1'c) SHAWN E. BORNES : ' A/K/A SHAWN EDWARD BORNES : <, JENNIFER A. BORNES == A/K/A JENNIFER ANN BORNES "`w . ,Y Defendants ORDER AND NOW,this Zi 6 day of 90„c. , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES by: v REGULAR MAIL TO SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES at 110 FARMINGDALE ROAD, WEXFORD, PA 15090-7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 Service by mail is complete upon the date of mailing L/ CERTIFIED MAIL TO SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES at 110 FARMINGDALE ROAD, WEXFORD, PA 15090-7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 Service by mail is complete upon the date of mailing POSTING 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH COURT: • !7 J. PH#997 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 0-44fay Pilaf '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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: 6/Z&//1/ By: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORN 9231 HIGHLAND RD cr> PITTSBURGH, PA 15237-4531a— zc Phelan - nan, LLP Justin . Kobeski, Esq., Id. No.200392 Atto ey for Plaintiff 810697 O-C 1LL :i i: IC Phelan Hallinan, LLP 2014 JUL 10 Q, Jonathan Lobb, Esq., Id. No.lfbtRL A ND COUNTY 1617 JFK Boulevard, Suite 1400PENNS YLVA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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 June 12, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about June 16, 2014 directing the Defendants to show cause by July 6, 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 June 26, 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 July 6, 2014. 810697 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: '-2 lf f ( c( By: Jonatha5obb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 3 810697 Exhibit "A" I 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BARNES A/K/A JENNIFER ANN BORNES Defendants AND NOW, this 14 day of RULE I 0,4 - Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 2014, a Rifle 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. C.; —17 ts.,) 1'0 810697 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 SHAWN E. BORNES A/KJA SHAWN EDWARD BORNES JENNIFER A. BORNES A/KJA JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 810697 810697 Exhibit "B" 810697 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. • SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL ATTORNEY fILL PLEASE R UNkfl I hereby certify that a true and correct copy of the Court6 's June rt d e 141,PJ2T7ru'eFiIir-07ing CERTIFICATION OF SERVICE 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE By: Justin F. Kobeski, Esq., Id. No.200392 Atty ey for Plaintiff SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-71 JENNIFER A. BORNES A/K/A ILNNIFER ANN BORN 9231 HIGHLAND RD Pl:rrs BURGH, PA 15237-4531 -37-0 (71 -21 Phelan LLP "1":1•-: 810697 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: % /g/i ll SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 Phelan Hallinan, LLP B/� y: Jon,/an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 8I0697 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants Court of Common Pleas Civil Division CUMBERLAND CRS / 1 No.: 13-2130 CIVIIs C.) ORDER AND NOW, this / 1 day of 9v J- , 2014, upon consideration of Plaintiff s r.� 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 June 11, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL 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. $218,939.29 $18,544.92 $187.41 $1,650.00 $1,359.14 $1,500.00 $60.00 $546.96 $8,956.30 $251,744.02 'es. fiat. s aoti.oss VP./ Pv 810697 tiFFICt PHELAN HALLINAN, L1430,.JUL 9• 30 Adam H. Davis, Esq., Id. T l jI 1617 JFK Boulevard, Suite I4 NNSALfl i' One Penn Center Plaza Y�VANIA r Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION . No.: 13-2130 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 7(77/7 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 810697 lame ana iddress )f Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 8/6120I4SALE in i Article Number Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 .2 JENNIFER A. BORNES C/O QUINTINA M. LAUDERMILCH, ESQUIRE 635 NORTH 12TH STREET SUITE 101 LEMOYNE, PA 17043 LVNV FUNDING, LLC C/O MICHAEL F. RATCHFORD, ESQUIRE EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 N KEYSER AVE SCRANTON, PA 18504 LVNV Funding, LLC. 15 South Main Street Greenville, SC 29601 SHAWN E. BORNES CJO JEANNE B. COSTOPOULOS, ESQUIRE 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Postage $0.45 S0,45 $0.45 $0.45 $0.45 $0.45 S0.45 Ice Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 S0.45 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.45 RE: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES (CUMBERLAND) PH # 810697/1021 Page l of 1 Writ Team 1 Number of es Lined by Sender Taal Timber of Pieces RcMmd M Pool Offux Paaauola, Per (Name of Rseeivfns Employes) $4.05 Mt full declaration of valve n required a all domeasie and i aanuianai reasoned mail, The maximum Indemnity payable I'M ay roaanmwcdon ernonnellatiahkdbcumsm nada Empress Mail dooumnr recamn01ion Samna is 550,000 per piece sobjod to a Wait of 1300,000 per mamma- Tho madam adcmmry payable a Express Mail merchandise Is SSW. Tim maa:a= i d.maity payable is x25.000 for iglacoed mall, seta ,oal, optimal fnsorame. See Ooraeslic Mal Maeual 11900 9913 and 5471 for limitations of avarade, rm 3877 Facsimile ju cu'% Apt .,zTRL4tjD COLIIT,l NNS YL v" PHELAN HALLINAN, LLP Attorney for Plaintiff Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 mario.hanyon@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff, V. CIVIL DIVISION SHAWN E.BORNES A/K/A SHAWN EDWARD BORNES No.: 13-2130 CIVIL JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above-captioned matter has been continued until 10/01/2014 at 10:00 AM. Date: -7 (_4 Mario J. Hanyon, Esq., Id.NK203903 Attorney for Plaintiff IF PH#810697 PHELAN HALLINAN, LLP Attorney for Plaintiff Mario J. Hanyon,Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 mario.hanyon@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff, V. CIVIL DIVISION SHAWN E.BORNES A/K/A SHAWN EDWARD BORNES No.: 13-2130 CIVIL JENNIFER A.BORNES A/K/A JENNIFER ANN BORNES Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SHAWN E. BORNES SHAWN E. BORNES 110 FARMINGDALE ROAD 5 WINEBERRY DRIVE WEXFORD, PA 15090-7506 MECHANICSBURG,PA 17055-5671 JENNIFER A. BORNES JENNIFER A. BORNES 120 MARIA LN 5 WINEBERRY DRIVE ZELIENOPLE, PA 16063-1420 MECHANICSBURG,PA 17055-5671 JENNIFER A. BORNES JENNIFER A. BORNES 9231 HIGHLAND RD 110 FARMINGDALE ROAD PITTSBURGH,PA 15237-4531 WEXFORD,PA 15090-7506 Date: 7 _ Mario J. Hanyon, Esq., Id. M67.2039 3 Attorney for Plaintiff PH#810697 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OFTNE SI'.ERIFF PILED -OFFICE OF THE PROTHONOTARY 2D1� AUG --4 AM 9:36 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Shawn E. Bornes A/K/A Shawn Edward Bornes (et al.) Case Number 2013-2130 SHERIFF'S RETURN OF SERVICE 03/24/2014 05:58 PM - Deputy Ryan Burgett, 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 5 Wineberry Drive, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 05/07/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/09/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 07/31/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $768.67 SO ANSWERS, July 31, 2014 Tc) CountyStnte Sheriff, Teleosoit. Inc. RONZ ANDERSON, SHERIFF On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as 5 Wineberry Drive, Mechanicsburg , as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-2130 Civil Term Wells Fargo Bank, N.A. vs. Shawn E. Bornes a/k/a Shawn Edward Bornes Jennifer A. Bornes a/k/a Jennifer Ann Bornes Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-2130 CIVIL, WELLS FARGO BANK, N.A. v. SHAWN E. BORNES a/k/a SHAWN EDWARD BORNES, JENNIFER A. BORNES a/k/a JEN- NIFER ANN BORNES owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671. Parcel No. 42-27-1890-157. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $225,289.68. 32 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: April 18, April 25 and May 2, 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. Lisa Marie Coy SWORN TO AND SUBSCRIBED before me this da of Ma 2014 otary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 , - 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 I he 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. 2013.2130 Civil Term Wells Fargo Bank, N.A. Vs Shawn E. Bornes A/K/A Shawn Edward Bornes Jennifer A. Bornes A/K/A Jennifer Ann Bornes Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-2130 CIVIL WELLS FARGO BANK, N.A. v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 Parcel No. 42-27-1890-1.57 (Acreage or street address Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $225,289.68 This ad ran on the date(s) shown below: 04/13/14 04/20114 04/27/14 02 day of Ma•i, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, I':otary Pubic Washington Twp., Dauphin County My Ccrrm.'ssion E)0.es Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES N PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-2130 CIVIL Shawn E.Bornes a/k/a Shawn Edward Bornes Jennifer A. Bornes a/k/a Jennifer Ann Bornes Defendant(s) CUMBERLAND County PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated 7/14/2014 in favor of the Plaintiff and Shawn E.Bornes a/k/a Shawn Edward Bornes and Jennifer A.Bornes a/k/a Jennifer Ann Bornes,defendant(s). As Set Forth in the Order $251,744.02 �V &Zasql-- elan Hallinan,LLP Joseph E. DeBarberie,Esq., Id. No.315421 Attorney for Plaintiff L� PHS#810697 p c- �-r D c, CDr; e 3fa34/ No- r00 rro I/,Cc/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A, Court of Common Pleas Plaintiff : Civil Division vs, CUMBERLAND C SHAWN E. BORNES F A/K/A SHAWN EDWARD BORNES No.: 13-2130 CIV JENNIFER A. BORNES :} A/K/A JENNIFER ANN BORNES Defendants ,,,,��tt ORDER AND NOW, this /Y4'`-day of JtI , 2014, upon consideration of Plaintiffs 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 Plaintiff's 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 tune as follows: Principal Balance $218,939.29 Interest Through June 11, 2014 $18,544.92 Late Charges $187.41 Legal fees $1,650.00 Cost of Suit and Title $1,359.14 Sheriffs Sale Costs $1,500.00 Property Inspections $60.00 Mortgage Insurance Premium/Private Mortgage Insurance $546.96 Escrow Deficit $8,956.30 TOTAL $251,744.02 Pius interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CIVIL DIVISION Plaintiff NO. 13-2130 CIVIk V. SHAWN E. BORNES x A/K/A SHAWN EDWARD BORNES �D r o JENNIFER A. BORNES i--z -+c A/K/A JENNIFER ANN BORNES v<� o DC Defendants z ORDER AND NOW, this .21jt�—day of JL4-.K)Z, ,2014,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SHAWN E. BORNES,A/K/A SHAWN EDWARD BORNES by: REGULAR MAIL TO SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES at 110 FARMINGDALE ROAD, WEXFORD, PA 15090-7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 Service by mail is / complete upon the date of mailing ✓ CERTIFIED MAIL TO SHAWN E. BO . RNES,A/K/A SHAWN EDWARD BORNES at 110 FARMINGDALE ROAD, WEXFORD, PA 15090-7506 and 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055-5671 / Service by mail is complete upon the date of mailing POSTING 5 WINEBERRY DRIVE, MECHANICSBURG,PA 17055-5671 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: s J. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION Shawn E.Bornes a/k/a Shawn Edward Bornes NO.: 13-2130 CIVIL Jennifer A.Bornes a/k/a Jennifer Ann Bornes Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $251,744.02 TOTAL $251,744.02 rc� P an Hallinan,LLP Jo ph E. DeBarberie,Esq.,Id. No.315421 Attorney for Plaintiff Note: Please attach description of property. PH#810697 n C= CS D - �' C4 r C7) c> 73. CSG C.Bt' jt -rj z h (a .pp �� A C C5 �c=, 7108.(_`1 E 103.'75 i1 --c C (1. q5 U I(0.50 -is.5o " 1,10Q. 111- Pp AT" ta Na341 -PE �� PHELAN HALLINAN LLP Joseph E. DeBarberie, Esq., Id. No.315421 Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 2014 OCT 16 AM 10' J0 One Penn Center Plaza Philadelphia, PA 19103 �l�;�Sf3ERLAND GOUN�Y joseph.debarberie@phelanhallinan.com P ENNSY LVANI A 215-563-7000 Wells Fargo Bank, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-2130 CIVIL Shawn E.Bornes a/k/a Shawn Edward Bornes Jennifer A. Bornes a/k/a Jennifer Ann Bornes Defendant(s) CUMBERLAND County CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relatingto unsworn falsification to authorities. By: Phl a Hallinan,LLP Jos E. DeBarberie,Esq.,Id.No.315421 Attorney for Plaintiff Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-2130 CIVIL Shawn E. Bornes a/k/a Shawn Edward Bornes Jennifer A.Bornes a/k/a Jennifer Ann Bornes 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 5 Wineberry Drive,Mechanicsburg,PA 17055-5671. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Shawn E.Bornes a/k/a Shawn Edward Bornes 110 Farmingdale Road Wexford,PA 15090-7506 5 Wineberry Drive c7 t;=-° Mechanicsburg,PA 17055-5671 - Jennifer A.Bornes a/k/a Jennifer Ann Bornes 120 Maria Ln z M M Zelienople,PA 16063-1420 rr-- r+ r-- --4c-)�, 2. Name and address of Defendant(s)in the judgment: =-T NameAddress(if address cannot be reasonably n C T ascertained,please so indicate) 4j C r Shawn E.Bornes a/k/a Shawn Edward Bornes 110 Farmingdale Road Wexford,PA 15090-7506 5 Wineberry Drive Mechanicsburg,PA 17055-5671 Jennifer A.Bornes a/k/a Jennifer Ann Bornes 120 Maria Ln Zelienople,PA 16063-1420 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) Lvnv Funding,LLC Edwin A.Abrahamsen&Associates,P.C. C/O Michael F.Ratchford,Esquire 120 N Keyser Ave Scranton,PA 18504 Lvnv Funding,LLC. 15 South Main Street Greenville,SC 29601 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 810697 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 5 Wineberry Drive Mechanicsburg,PA 17055-5671 Jennifer A.Bornes 635 North 12th Street Suite 101 C/O Quintina M.Laudermilch,Esquire Lemoyne,PA 17043 Shawn E.Bornes 5000 Ritter Road Suite 202 C/O Jeanne B.Costopoulos,Esquire Mechanicsburg,PA 17055 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. q 2� Date: I By_ 0 Plfehn Hallinan,LLP Jo ph E. DeBarberie,Esq.,Id.No.315421 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#810697 a Y iii TUE PRO T ION0 !t{F�,,�: Wells Faro Bank, N.A. , CURT OF COMMON PLEAS 2014 OCT , > ii1Q: CIVIL DIVISION CUMBERLAND COUNTY VS. PENNSYLVANIA . NO.: 13-2130 CIVIL Shawn E. Bornes a/k/a Shawn Edward Bornes Jennifer A. Bornes a/k/a Jennifer Ann Bornes CUMBERLAND County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shawn E. Bornes a/k/a Shawn Edward Bornes Shawn E. Bornes a/k/a Shawn Edward Bornes 110 Farmingdale Road 5 Wineberry Drive Wexford,PA 15090-7506 Mechanicsburg, PA 17055-5671 Jennifer A. Bornes a/k/a Jennifer Ann Bornes 120 Maria Ln Zelienople, PA 16063-1420 "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 5 Wineberry Drive,Mechanicsburg,PA 17055-5671 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$251,744.02 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2130 CIVIL Wells Fargo Bank,N.A. V. Shawn E.Bornes a/k/a Shawn Edward Bornes Jennifer A. Bornes a/k/a Jennifer Ann Bornes owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5 Wineberry Drive, Mechanicsburg PA 17055-5671 Parcel No. 42-27-1890-157 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $251,744.02 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION BEGINNING at a point on the southern right-of-way line of Wineberry Drive at the northwest corner of Lot No.2,Preliminary/Final Subdivision Plan for Harold Stoner'Whitebrier'recorded in Plan Book 66,Page 121, Cumberland County Recorder of Deeds Office;THENCE by Lot No.2 South 22 degrees 21 minutes 09 seconds West 135.84 feet to a point at lands now or formerly of Upper Allen Township;THENCE by said lands now or formerly of Upper Allen Township and lands now or formerly of Randy L.Lerew North 67 degrees 38 minutes 51 seconds West 75.00 feet to a point on the southeast corner of Lot No.4;THENCE by Lot No.4 North 22 degrees 21 minutes 09 seconds East 135.84 feet to a point on the southern right-of-way line of Wineberry Drive;THENCE along the southern right-of-way line of Wineberry Drive South 67 degrees 38 minutes 51 seconds East 75.00 feet to the point and place of BEGINNING. CONTAINING 10,188 square feet,more or less. BEING Lot No.3 on the Preliminary/Final Subdivision Plan for Harold D.Stoner'Whitebrier'recorded in Plan Book 66,Page 121,Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT,NEVERTHELESS,to restrictions,covenants and rights of way of prior record, including covenants,restrictions and reservations recorded in Miscellaneous Book 456,Page 825. TITLE TO SAID PREMISES IS VESTED IN Shawn E. Bornes and Jennifer A. Bornes, h/w, by Deed from Thomas A. Kerstetter, III and Mary Lou Kerstetter, h/w, dated 12/12/2008, recorded 12/16/2008 in Instrument Number 200839840. PREMISES BEING: 5 WINEBERRY DRIVE,MECHANICSBURG',PA 17055-5671 PARCEL NO.42-27-1890-157 OF CU THE COURT OF COMMON PLEAS PD CUMBERLAND COUNTY PA Z DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 V7 5 o www.ccpa.net WELLS FARGO BANK,N.A. Vs. NO 13-2130 Civil Term SHAWN E. BORNES a/k/a SHAWN EDWARD BORNES CIVIL ACTION—LAW JENNIFER A. BORNES a/k/a JENNIFER ANN BORNES 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: $251,744.02 L.L.: Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,109.17 Other Costs: Plaintiff Paid: Date: 10/16/14 David D. Buell, Prothonotary (Seal) By. (-�ii ,,� REQUESTING PARTY: Deputy Name:JOSEPH E.DeBARBERIE,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.315421 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/KJA JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL rn C11-- 7," C) 74 CD 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 April 22, 2013. 2. Judgment was entered on February 7, 2014 in the amount of $225,289.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated July 14, 2014, amending the judgment amount to $251,744.02. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. 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 810697 1 • 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. 5. The Property is listed for Sheriffs Sale on March 4, 2015. 6. 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 December 25, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $218,939.29 $24,438.30 $187.41 $3,425.00 $1,817.24 $768.67 $60.00 $364.64 $1,105.25 $13,228.68 TOTAL $264,334.48 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 9, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 810697 2 11. 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 to Reassess Damages dated July 14, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7.7 /ZC Phelan Hallinan, LLP By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 3 810697 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES 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 5 WINEBERRY DRIVE, MECHANICSBURG, PA 17055- 5671. 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. 810697 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 810697 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 mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor 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 mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 810697 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 Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 810697 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. 810697 5 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 810697 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: ( Phelan Hallinan, LLP By: fl - Adam H. Davis, Esquire Attorney for Plaintiff 8 810697 Exhibit "A" P1 -ELAN 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. VS. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES PRAECIPE FGR FILED -OFFICE OF fHE PROTHONOTARY Attorney for Plaintiff Moja FEB -7 AM II: 03 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION GMENT FOR' FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff : ;•..4 SHAWN EDWARD BORNES and JE 1".0. i.4 ': ie..' Defendant(s) for failure to file an -s• a "'.'.~• li i 004 • and for foreclosure and sale of the % z.1 ,.1 : : SHAWN E. BORNES A/K/A A JENNIFER ANN BORNES, aint within 20 days from service thereof and assess Plaintiff's damages as. follows: As set forth in Complaint TOTAL I hereby certify that (1) the Defendants' last . 1 WEXFORD, PA 15090-7506 5 • A LN, L.JSLiENOPLE, PA 16063-1 ' c .F ` ' 4531, and (2).that notice has been given in Date 2 /(fir /14 $225,289.68 ,289.68 G, PA 17055-5671, 120 AND RD, .PITTSBURGH, .PA 15237- with Rule Pa.R.C.P 237 1. DAMAGES ARE HEREBY ASSESSED AS INDICATED.. DATE: PH # 810697 J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PROTHONOTARY Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs, SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants Court of Common Pleas Civil Division CUMBERLAND No,: 13:2130 cjV ORDER AND NOW, this Mk - day of JUly , 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 tune as follows: Principal Balance Interest Through June 11, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $218,939.29 $18,544.92 $187.41 $1,650.00 $1,359.14 $1,500.00 $60.00 $546.96 $8,956.30 TOTAL $251,744.02 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: 810697 Exhibit "C" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 2, 2014 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 RE: WELLS FARGO BANK, N.A. v. SHAWN E. BORNES, A/K/A SHAWN EDWARD BORNES and JENNIFER A. BORNES, A/K/A JENNIFER ANN BORNES Premises Address: 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 13-2130 CIVIL 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 12/8/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. yot� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 810697 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 Postage Fee 1 SHAWN E. BORNES JENNIFER A. BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 $0.47 2 SHAWN E. BORNES JENNIFER A. BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 $0: 3 JENNIFER A. BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 So. 4 Total Number of Pieces Listed by Sender JENNIFER A. BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 RE: SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES (CUMBERLAND) PH# 810697/1200 Page I of I Total Number of Pieces Received at Post Ofitce Postmaster. Per (Name of Receiving Employee) $0. The fill declaration of value is required on all domestic and international registered m for the reconstruction of nonnegotiable documents under Express Mail document reed piece subject to a limit of $500,000 per occurrence. The maximum indemnity payablr The maximum indemnity payable is $25,000 for registered mail, sent with optional R900 S9ts and 5921 for limitations ofcoverage. i Form 3877 Facsimile 1 40, 810E Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: G, ((e'er - SHAWN SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 Phelan Hallinan, LLP By: O e Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL AND NOW, this / 19 - day of ->c-c_v 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. BY THE COURT rrt co -73 810697 u madam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,HAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 .IAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 -1 NIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 810697 810697 `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 ncf OTTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 18, 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 810697 • JENNIFER A. BORNES AIKIA JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: 12/2th4' Phelan Hallinan, LLP athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 810697 Phelan Hallinian, 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 vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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 December 11, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about December 18, 2014 directing the Defendants to show cause by January 7, 2015 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 December 23, 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 January 7, 2015. 810697 3 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan .. inan, LLP Jonath. Etkowicz, Esq., Id. No.208786 Attomefor Plaintiff DATE: By: 4 810697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants RULE AND NOW, this 1 day of. Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL .4, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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. BY THE COURT C.:=7 "r1 C") 810697 Exhibit "B" 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL CERTIFICATION .O.F.SERVICE I hereby certify that a true and correct copy of the Court's December 12.2 directing the. Defendants to show cause as to why Plaintiffs Motion to Red-sse. aft. not be granted was served upon the following individuals on the date indicated below, SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORIS 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 cD 810697 • JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 DATE: /2/2"/1,41_ Phelan Hallinan, LLP ::.Lobb, Esq., Id. No.312174 Attorney for Plaintiff 810697 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 vs. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-2130 CIVIL 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. SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 110 FARMINGDALE ROAD WEXFORD, PA 15090-7506 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 120 MARIA LN ZELIENOPLE, PA 16063-1420 SHAWN E. BORNES A/K/A SHAWN EDWARD BORNES JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 5 WINEBERRY DRIVE MECHANICSBURG, PA 17055-5671 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 9231 HIGHLAND RD PITTSBURGH, PA 15237-4531 810697 JENNIFER A. BORNES A/K/A JENNIFER ANN BORNES 320 NEW CASTLE STREET ZELIENOPLE, PA 16063-2312 DATE: yiv&- By: Jonat Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff Phela - .11inan, L P 810697