Loading...
HomeMy WebLinkAbout13-2333 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Jf CUMBE County Docket No: , The information collected on this fortn is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other pa as required by law or rules of court. S Commencement of Action: ❑D 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: MARIO A. ALFARO T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits Q (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes R No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: John Michael Kolesnik, Esq., Id. No.308877, 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 Z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P, 205.5 Updated 01101/2011 E L E -0 'i= iC . PRO Th! ONO 2013 APR 29 PM 1: 16 Cl.MBERLAHO COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. " 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.. 2 2 VS. MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG, PA 17055 -4987 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, MARIO A. ALFARO, is an individual whose last known address is 607 WAYNE DRIVE, MECHANICSBURG, PA 17055 -4987. 1 o 062 -PA -V3 IL 36 ���3 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about September 30, 2008, MARIO A. ALFARO made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOME LOAN CENTER, INC. DBA LENDING TREE LOANS a Mortgage in the original principal amount of $138,700.00 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. 200833443. 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. By Assignment of Mortgage recorded February 15, 2013, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201305242. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. MARIO A. ALFARO is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due December 1, 2012. 062 -PA -V3 8. As of 04/10/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 130,647.00 Interest 11/01/2012 to 04/10/2013 $ 3,387.41 Late Charges $ 82.04 Property Inspections $ 15.00 Escrow Balance $ (192.38) TOTAL $ 133,939.07 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a 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 $133,939.07, 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: V05113 Jo Michael Kolesnik, Esq., Id. No.308877 A orney for Plaintiff 062 -PA -V3 Exhibit "A" ,r NOTE NONE September 30, 2008 Irvine CA (bate) (City] (State] 607 Wayne Drive Mechanicsburg, Pennsylvania 17055 IProlvny Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $138,700.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is Home Loan Center, Inc., dba LendingTree Loans, a California Corporation 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 5.8750%'0. 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 snaking a payment every month. I will make my monthly payment on the 1st day of each month beginning on November 01, 2008 I will make these payments every month until 1 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 clue date and will be applied to interest before Principal. If, on October 01, 2038 , 1 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 PO BOX 53806, Irvine, CA 92619 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in die•amount of U.S. $820.46 4. BORROWER'S RIGHT TO PREPAY I have the right to snake payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." Wlicn I make a Prepayment, I will tell die Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all (tic 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 illy Prepayments to reduce the amount of Principal that l owe under this Note. However, the Note Holder may apply my Prepayment to die 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. A1UL7ISTA'rE FIXED RATE NOTE— Singic family— Fannie Mne/Freddte Mac UNIFORM INSIMUMENT Form 3200 1/01 GREATLANO ■ (Page 1 of 3 rwgr..c) 7o Order G8: 1- 800.530.9393 0 Fax 616.791.1131 S: LOAN CHARGES If a law, which applies to Unis loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in coiwection 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 snake 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 payment by the end of Fifteen 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 5.0000% 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 die 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 attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that trust 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 I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by inailing 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. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully mid 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 he required to pay all of the amounts owed sunder 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 dtrc have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform insiniment with limited variations in some jurisdictions. In addition to the proteetions given to the Note Holder tinder this Note, a Mortgage, Deed of Tnist, or Security Decd (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 MULTISTATE FIXED RATE NOTE Single Purity— Fannic Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 axEAnA1 ■ (Pugs 2 oJ3lw8es), To Oder CiO: 1.800-536.93113 ❑ Fax 616.79t.1 •113t ,r this Note. T11at Security histrwnent describes how and under what conditions I may be required to utake'iminediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If ail or any part of tltc Property or any Interest in (lie 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 payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. I If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide 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 all stuns secured by this Security instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS T!5E HAND(S) AND SEAL(S) OF T14E UNDERSIGNED. Seal) ( Seal) Marie A A - Borrower - Borrower ( Seal) ( Seal) - Borrower - Borrower ( Seal) ( Seal) - Borrower - Borrower (Sign Original Only] MULTISTATE: FIXED KATE NOTE — Single Ftunily— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/0/ GREATIANO (rage 3of3 pages) To Omar CAI- sao-s3aeas3 Fax 616 -791 -1191 pay to taee�r We110 ° ecourse Name Loan Center, l c Lend{ng Tree Low WITHOUT RECOURSE PAY TO THE ORDER OF 8Y: ivera vanes :11S Fargo Bank, N.A. Asst. S retarY By (� Lori K. Vane8o e VIAo Pf®®Itl ®RI L IN �Ablroientation Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of a forty (40) foot street at the corner of Lot No. 6 in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 6, North 0 degrees 8 minutes East, one hundred thirty -nine and three one hundredths (139.03) feet to a point on the right of way line of the Pennsylvania Turnpike; thence along said right of way line in a westerly direction on a curve to the left having a radius of 11,589.19 feet, an arc distance of one hundred (100) feet to a point; thence along the line of other land now or formerly of Wayne D. Meyers, Jr., South 0 degrees 8 minutes West, one hundred thirty -nine and twenty -two one hundredths (139.22) feet to a point on the north side of the forty (40) foot street mentioned above; thence along the north side of said street, South 89 degrees 52 minutes East, one hundred (100) feet to a point, the place of BEGINNING. BEING Lot No. 8 in the plan of lots of Wayne D. Meyers, Jr., known as the Revised Plan of Holiday Crest, which plan is recorded in the Recorder's Office in and for Cumberland County in Subdivision Plan Book 10, Page 39. HAVING THEREON erected a dwelling commonly known as 607 Wayne Drive. PROPERTY ADDRESS: 607 WAYNE DRIVE, MECHANICSBURG, PA 17055 -4987 PARCEL # 42 -26- 0245 -011. File #: 319722 J VERIFICATION Daniel Edward, hereby states thf6e she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tha Dshe 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 o is er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. T ~ j Nam . Danie Edward Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/15/2013 086 -PA -V2 File #319722 FORM l IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNk_YLV0 IAA; Plaintiff(s) C—_ yt vs. = rn MARIO A. ALFARO () 1 ,a33 �� Defendants ivil ca - c 3 T= C :%. = cj ncD O rt .! NOTICE OF RESIDENTIAL MORTGAGE FORECL IER v DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before 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. ZS /3 Date /N3 Michael Kolesnik, Esq., Id. 08877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY 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- BORRO WER 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please .indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company , to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: fie, authorize the above named to use /refer this information to my lender/service r for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 1701.3 (717) 249 -3166 (800) 990 -9108 File #: 319722 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - �L c i r H Pi W j p Sheriff � � � Jody S Smith `313 49 Chief Deputy '" Pi41 - i r� Richard W Stewart Solicitor PENNS YL r A "� ,rlK Wells Fargo Bank, N.A. Case Number vs. 2013-2333 Mario Alfaro SHERIFF'S RETURN OF SERVICE 04/30/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mario Alfaro, 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 Served"at 495 Bugle Street, Mechanicsburg, PA 17055. This address does not exist in Cumberland County. 05/02/2013 07:29 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Mario Alfaro at 607 Wayne Drive, Upper Allen, Mechanicsburg, PA 17055. SON KINSLER, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, May 03, 2013 RbNIV R ANDERSON, SHERIFF . e Fft-E0-0 f^f-E OF THE PROTHo�OTARY 2813 JUL 19 PFD 'I%: 23 CUMBERLAND COUtgTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Term MARIO A. ALFARO No. 2013-2333-Civil 607 WAYNE DRIVE MECHANICSBURG, PA 17055-4987 Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, .Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: . 1. On April 29, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due December 1, 2012 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On May 2, 2013, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 813480 r 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty(20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant.failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: l�' t�_ BY: PA,-- isc osep P. chalk, Esquire Atto ey for Plaintiff 813480 Exhibit A 813480 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. MARIO A. ALFARO Defendant(s) Civil NQTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference.in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within.twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(71.7)243-9400 extension 2510 or'(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal , representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you-will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and,a conciliation conference is scheduled,you will have an.opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY'rH:IS NOTICE. THIS PROGRAM IS FREE. Respectfully st nniited: Date Michael Kolesnik,Esq.,Id. /E0887i Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSIIIP ASSISTANCE y, tr ues : si t 1� �Eijpe,�y our_.leit er.tnust consider yQUx cirEUtnstances to determine_... possible options while working with your counseling agency. Please provide the following information to �Y! the best of your knowledge: CUSTOM 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 0 No Mailing Address(if different): City: State: Zip: Phone Numbers: Home:. Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: - City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lenden 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.Rcason for Default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes,provide names, location of court, case number&attorney:. Assets A- mount.Cowed: Value: Home: $ $ Other Real.Estate: $ $ Retirement Funds:: $ $ . Investments: $ $ Checking: $, Savn;lt - _ 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; ;M iritl Ay Gross Wnthl:yNet Monthly Gross Monthly-Net _. 3;. Monthly Gross. 1VIon11r y.Net Additional Income Description(not wages): 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 rM or - -a e- - Food Utilities Car.lea; Condo/Neigh.,Fees - - .,Auto Insurance Med.(not covered) Auto fuel/repairs Other prop, 2ayrnent Install.Loan Pa inent Cable TV Child Su ort/Alim. $p ending Money Day/Child Car6luit. Other.Ex enses_ Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: _ -_ Counselor: Phone(Office).. - Fax: 1 i Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑ No❑ If yes,please.indicate the status of the application:, Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name):., Contact: Phone: IJWe, 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 Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill } 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 1 6. Listing agreement(if property is currently on the market) i t a f NOTICE You have been sued in Court. If you wish to defend against the.claims.set forth in the 11, 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 ailing in wrrtrng wltfi 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 COUN'T'Y ATTORNEY REFE'RRAI. i CUMBERLAND.COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE. 2 LIBERTY AVENUE CAR-LISLE,PA 1.7013 (717)249-3166 r (800)990-9108 F File N: 319722 Uf.TN�j pR0 ffbk0 20l3ApR29 °raRY Plf Ir �� eER�a� �SYLVANt rY PHELAN HALLiNAN,LLP ATTORNEY FOR PLAINTIFF John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ` 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: j3.^v33 3 VS. MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 Defendant. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Hallinan,LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, MARIO A. ALFARO, is an individual whose last known address is 607 WAYNE DRIVE, MECHANICSBURG,PA 17055-4987. � ►c�fir IM��'' 062-PA-V3 0�� i the•riwne+��81�K4�Y1 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. ,,mss,.. �.,. 4. On or about September 30, 2008, MARIO A. ALFARU :n��tde, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOME LOAN CENTER, INC. DBA LENDING TREE LOANS a Mortgage in the original principal amount of $1.38,700.00 on the premises described in the legal description marked Exhibit "B", attached hereto axed. made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200833443. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the cut-rent Mortgagee. By Assignment of Mortgage recorded .February 15, 2013, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201305242. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa..R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. MARIO A. ALFARO is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due December 1, 2012. i 062-PA-V3 8. As of 04/10/2014, the amount due and owing Plaintiff on the mortgage is as follows; Principal Balance $ 130,647.00 �nwest 1.1y/01/2012 to 04/1.0/2013,., $ 3-3,81.41 r. Late Charges $ 82.04 Property Inspections $ 15.00 Escrow Balance $ (192.38) TOTAL $ 133,939.07 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 1.974; Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91. of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the.Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the:Defendant(s), but reserves its right to do so in a 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. I 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due.of$133,939.07, 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 l lVirch t Kolesnik,Esq., Id. No.309877 A toroey for Plaintiff k r 062-PA-V3 -,�av'•*4'-.�:r�+"�F.°�'--rar,�-min,-.n+�.a:a.-«ots:c^�rrtrsaWrx :wc.: I i t L f F s -Exhibit "A." F NOTE s September 30,2008 Irvine CA IDatc) (city] )sweet ,,_. Ta ne Dfave r(Vl�, ,,csburg,Pennsylvania 17055 k lt'mpony AddressI 1. BORROWER'S PROMISE TO PAY return turn for a loan that I have received,I.promisc to pay U.S.$138,700.00 (this'amount is called "Principal"),plus interest,to the order of(he Lender.Tile Lcnder is Home Loan Center, Inc.,dba LendingTree Loans,a California Corporation 1 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 5.8750%. 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 1 will pay principal and interest by snaking a payment every month. I will make my monthly payment on the 1st day of each-month beginning on November 01,2008 I will make These payments every month until l have paid all of the principal and interest and any other charges described below awt I may owe under this Note,Each monthly payment will be applied as of its scheduled clue date and will be applied to interest before.Principal.If,ou October 01,2038 1 still owe amounts under this Noic,I will pay those amotmis;in full on that date,which is called the"Maturity pate." I will make my monthly payments at PO BOX 53806, Irvine, CA 92619 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.$820.46 4. BORROWER'S RIGHT TO PREPAY I have the night to make payments of Principal at tiny time before they are due.A payment of Principal only is known as a"Prepayment."Wlien 1 makc.a Prepayment,I will tell (lac 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.. 1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge.'Ilic Note Holder will use illy Prepayments to reduce the amount of Principal that I owe under this Note. i•lowever, tltc Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment :miount, bclbrc 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 payrricut unless the Note Holder agrees in writing to those changes. Y MULT181 W1 T FIXED RATE NOTi.—Singtc rRmily—Fannie htae/Freddle Mac t)N1POR111NSTRUMENT Form.1200 t/01 .. - GREATLMD■ (Page l of 3 pagvx) To Order Cail:1-800.530-9303 0 Fax 616-IDI.1131 �r S. 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 it, 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 the which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund red iein� Utt: Principal T owe ii nderthis Note or by making a direct p ctit to me. If a refund reduces P loci,pal, tlt�1.11t:t °,--F ---r m-. ....� •�a�.._. .!risue _. -. .. _> reClut,ti9ti w1A ltd:trcatcti hS t martial Pt�:paytnent. 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 payment by the end of Fifteen calendar days after the date it is duc;l will pay a late charge to the Note Holder.The amount of the charge will be 5.0000/0 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 clue,I will be in default. (C) Notlee 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 itrtmediately the full amount of Principal which has not been paid and all the interest that I owe on that tunouttt.That date must be at least 30 days after die date on which die 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 orNote Holder's Costs and Expenses If the Note Holder has required nnc 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 acid expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by t delivering it or by mailing it by first class mail to the at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by trailing it by fast 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. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If snore than one person signs this Note,cacti person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amuunt owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these thins. 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 proniscs made in this Note'.The Note Holder may enforce f its rights tinder this Note against each person individually or against all of us together.This means dint any une of us nnay be jt 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 Noticeof Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor" uncaps the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instmmient 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 Decd (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 MULTISTATE FIXED RATE;No,m—Single kunily—Fannie Mae/Freddfe Mac UNIFORM(NSTRUMENT .Form 3200 1101 onEATLAND IN (Page 2 of 3 pages) To Order OR:1-804536.8393 0 Fat 616.781.1131 this Note.That Security hlstrurnent describes how and under what conditions I may be required to malce''imincdiate payment in full of all amounts I owc.under this Note:Sonic of those conditions are-describcd as follows: •`i ;=,j.,, k If all or any part of Ilic Property or any Interest in the Property is sold.or transferred (or if Borrower is.noF.a �. nirnrrn t•�xsrsMn•�arid:erg:berii:Bt:Tai-�inYt;rc;s�•Gtr'BdrYdwei~'ts`°sol(i-:tsr-ttnnwfet�ilj-twit{riii tt—)✓ciSdc T`s 4 ti Hay to the 8�e�� we11vx"II ecoum9 _ *,, fan Center,i c Lending TMO LOW8 d� BY:_____�_�_CVanes S �VB PAY TO HEORDSROF R[Vera Asst S t8t8ry Wells Fargo�B t ank, N.A. U_ By l.vrs; ve-ne Vioa�realaons fan�go du 3 t I i Y • 1 1 1 1 Exh*b,it 1 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County.of Cumberland and State of Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the north side of.a forty(40)foot street at the corner of Lot No. 6 in the hereinafter mentioned plan of lots;thence,along-the line of said,14Dt No. 6, North 0 dearees 8 minutes East,one hundred thirty-nine and three one hundredths(139.03) feet to a-point on the right of Way line of the Pennsylvania hence along said right of way.line in a westerly mpi direction on a-curve to the left.having a radius of 11,589:19 feet, an,arc distance:of-one hundred (100)feet to a point;thence along the line of other land now or formerly of Wayne D. Meyers, Jr,,South O degrees 8 minutes West,one hundred thifty-nine and twenty-two one hundredths (139,22)feet to a point on the north side of the forty (40)foot street mentioned above;thence along the north side of said street, South 89 degrees 52.minutes East, one'hundred.(100)feet to a point, the place of BEGINNING. BEING Lot No. 8 in the plan of lots*of Wayne D.Meyers,Jr.,known as the Revised Plan of Holiday Crest,which plan-is recorded in,the Recorder's Office in and for Cumberland County in Subdivision Plan Book 10,Page 39. HAVING THEREON,erected a dwelling commonly known as 607'Wayne Drive. PROPERTYADDRESS: 607 WAYNE, DRIVE,ME CHANICS9URG,PA.170554987 PARCEL#42-26-0245-011. File 319722 VE-RIF]I;CATION Daniel Edward , hereby states tilt she is Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matter,.th" 11" 1 , is authorized to ..�-��� �.,-�a��tti�-��et-�fe�ti�a�,�a7�:�l�e�.pry,.ta�a�:tl ae�st�i:(�it�et2i's,�n�.i1��'ir� l�►c:.:�r��e�;corn.,g.�+r,�l.��t�i�'i :�: � .-�,:x--:�-..-: 1 in Mortgage Foreclosure are true and.correct to the best 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. Nam I afif `Ed�x%' d ' Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/15/2013 086-PAN2 rile 0319722 Exhibit B 813480 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Chief Deputy Richard W Stewart Solicitor MICE*;:THE SMEWO Wells Fargo Bank,N.A. Case Number VS. Mario Alfaro 2413-2333 SHERIFF'S RETURN OF SERVICE 04/3012413 Sheriff Ronny R Anderson,being duty sworn according to law,states he made diligent search and inquiry for the within named Defendant to Vit:Mario Alfaro,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 Served"at 495 Bugle Street, Mechanicsburg,PA 11055.This address does not exist In Cumberland County. 05102/2013 07:29'PM-Deputy.Eason ICinsler,being duty sworn according to law,served the requested Notice of Residential Mortgage:Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally'handing a true copy to a person representing themselves to be the Defendant,to wit:Marto Alfaro at 607 Wayne Drive,Upper Allen,Mechanicsburg, PA 17055. SON KtNSI_ER, DEPUTY SHERIFF COST:$55.78 SO ANSWERS, 4" May 03,2013. WON R ANDERSON,:SHERIFF ty GountySults Shentf,Telepson trrs PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Term Vs MARIO A. ALFARO No. 2013-2333-Civil 607 WAYNE DRIVE Cumberland County MECHANICSBURG, PA 17055-4987 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG, PA 17055-4987 Date: iel 3 By: osep P , chalk, Esquire ttor ey for Plaintiff 813480 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Term MARIO A. ALFARO No. 2013-2333-Civil 607 WAYNE DRIVE MECHANICSBURG, PA 17055-4987 Cumberland County Defendant ORDER AND NOW,this day of (\-J 1 , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. f G}_ CJ� Cn Za} --�j� .L! E L 813480 v o CC: Mario A.Alfaro Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff v HELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG, PA 17055-4987 813480 J PHELAN HALLINAN, LLP _ 10: �,'):Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CouNT"i" S LVA N I A One Penn Center Plaza I Y Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MARIO A. ALFARO No. 13-2333-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARIO A. ALFARO is over 18 years of age and resides at 607 WAYNE DRIVE, MECHANICSBURG, PA 17055-4987. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date Zzo Poan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 813480 De"partment of Defense Manpower Data Center Results as of:Aug-20-2013 04:24:23 SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: ALFARO First Name: MARIO Middle Name: A Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active.Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y )4- . 04, 4g4-,4��_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 s THE PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq.,,Id. No.3121747013 AUG 23 All to: 32 1617 JFK Boulevard,�Suite 1400 f,'UMBERLAND COUNTY One Penn Center PlazaE�1��SYLVdk1 Philadelphia,PA 19103 Jonathan.Lobb @ phelanhallinan.corn 215-563-7000 i WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MARIO A.ALFARO CIVIL DIVISION No. 13-2333-CIVIL 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 MARIO A. ALFARO, 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 $133,939.07 TOTAL $133,939.07 I hereby certify that (1) the Defendant's last known address is 607 WAYNE DRIVE, MECHANICSBURG, PA 17055-4987, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date nathan Lobb, Esq., Id. No.312174 Attorney r Plai tiff DAMAGES AQR HE EBY ASSESSED AS INDICATED. DATE: PH#813480 PROTHONOTARY fL# 813480 agy�9,9 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.31.2174 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 MARIO A.ALFARO No. 13-2333-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARIO A. ALFARO is over 18 years of age and resides at 607 WAYNE DRIVE, MECHANICSBURG, PA 17055-4987. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date P191an Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 1.91.03 21.5-563-7000 813480 Department of Defense Manpower Data Center Results as of:Aug-22-201312:13:04 SCRA 3.0 status Re''Po t Pursuant to Servicernemlm Civil.Relief Ad Last Name: ALFARO First Name: MARIO Middle Name:A Active Duty Status As Of: Aug-22-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the iadividuaW 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 Aotive Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 014 a 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 MARIO A.ALFARO CIVIL DIVISION No. 13-2333-CIVIL Notice is given that a Judgment in the above captioned matter has been entered— against you on 4U An, By: 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 ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 813480 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS V, Plaintiff CIVIL DIVISION MARIO A.ALFARO NO. 13-2333-CIVIL Defendant(s) CUMBERLAND COUNTY TO: MARIO A.A.LFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 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 CLAMS 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 SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 .CARLISLE,PA 17013 (717)249-3166 Adam.H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 16.17 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#813480 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.: 13-2333-CIVIL MARIO A.ALFARO Defendant(s) CUMBERLAND COUNTY Fo the Prothonotary: Issue writ of execution in the above matter: Amount Due $133,939.07 Interest from 0812312013 to Date of Sale $2,290.08 ($22.02 per diem) � C=' TOTAL $136,229.15 Cn PhKan Hallinan,LLP Jonathan Lobb,Esq.,1d.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#813480 tg�'SD� a s v� '. �. 5 4# 911?99 vl i s i i i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Plaintiff V. MARIO A.ALFARO Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: 942jk--- Address where papers may belserved: MARIO A.ALFARO Ph on Hallinan,LLP 607 WAYNE DRIVE Jonathan Lobb,Esq.,Id.No.312174 MECHANICSBURG,PA 17055-4987 Attorney for Plaintiff I LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the north side of a forty(40)foot street at the comer of Lot No.6 in the hereinafter mentioned plan of lots;thence along the line of said Lot No.6,North 0 degrees 8 minutes East, one hundred thirty-nine and three one hundredths(139.03)feet to a point on the tight of way line of the Pennsylvania Turnpike;thence along said right of way line in a westerly direction on a curve to the left having a radius of 11,589.19 feet,an arc distance of one hundred(100)feet to a point;thence along the line of other land now or formerly of Wayne D.Meyers,Jr.,South 0 degrees 8 minutes West,one hundred thirty- nine and twenty-two one hundredths(139.22)feet to a point on the north side of the forty(40)foot street mentioned above;thence along the north side of said street,South 89 degrees 52 minutes East,one hundred (100)feet to a point,the place of BEGINNING. BEING Lot No.8 in the plan of lots of Wayne D.Meyers,Jr.,known as the Revised Plan of Holiday Crest, which plan is recorded in th6 Recorder's Office in and for Cumberland County in Subdivision Plan Book 10, Page 39. HAVING THEREON erected a dwelling. TITLE TO SAID PREMISES IS VESTED IN Mario A. Alfaro,married man,by Deed from Rodney L. Nesmith and Karen I. Nesmith, h/w, dated 09/26/2008,recorded 10/03/2008 in Instrument Number 200833442. PREMISES BEING: 607 WAYNE DRIVE,MECHANICSBURG,PA 17055-4987 PARCEL NO.42-26-0245-011. PHELAN HALLINAN, LLP Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 OF THE PROTHONOTAW, 1617 JFK Boulevard, Suite 1400 2q13 AUG 23 Ar, IT 31 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.: 13-2333-CIVIL MARIO A.ALFARO Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that be/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant (X) Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doe 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 lan H a Ilinan,LLP Jonathan Lobb,Esq,,Id.No.312174 Attorney for Plaintiff WELLS FARGO BANK,N.A. J T H E P R O T H O N O TA R''( COURT OF COMMON PLEAS Plaintiff 2013 AUG 23 AM 10: 31 CIVIL DIVISION V. CUMBERLAND COUNTY PENNSYLVANIA NO.: 13-2333-CIVIL MARIO A. ALFARO 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 607 WAYNE DRIVE, MECHANICSBURG,PA 17055-4987. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MARIO A.ALFARO 607 WAYNE DRIVE, MECHANICSBURG,PA 17055-4987 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MARIO A.ALFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be , reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) AMERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE ATTN:DON GAY MECHANICSBURG,PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#813480 r 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 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 171.05 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 Z71, 1. By: P,Felan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#813480 hE P��QT� GNO (girl`{ WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS 013 AUG 23 Rid IT 3-? r,J1t1BERLAfj4 COUNTY Plaintiff CIVIL DIVISION PC SYL.vpmA NO.: 13-2333-CIVIL MARIO A.ALFARO Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARIO A.ALFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 *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 607 WAYNE DRIVE,MECHANICSBURG,PA 17055-4987 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$133,939.07 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the north side of a forty(40)foot street at the corner of Lot No.6 in the hereinafter mentioned plan of lots;thence along the line of said Lot No.6,North 0 degrees 8 minutes East, one hundred thirty-nine and three one hundredths(139.03)feet to a point on the right of way line of the Pennsylvania Turnpike;thence along said right of way line in a westerly direction on a curve to the left having a radius of 1.1,589.1.9 feet,an arc distance of one hundred(100)feet to a point;thence along the line of other land now or formerly of Wayne D.Meyers,Jr.,South 0 degrees 8 minutes West,one hundred thirty- nine and twenty-two one hundredths(139.22)feet to a point on the north side of the forty(40)foot street mentioned above;thence along the north side of said street,South 89 degrees 52 minutes East,one hundred (100)feet to a point,the place of BEGINNING. BEING Lot No. 8 in the plan of lots of Wayne D.Meyers,Jr.,known as the Revised Plan of Holiday Crest, which plan is recorded in the Recorder's Office in and for Cumberland County in Subdivision Plan Book 10, Page 39. HAVING THEREON erected a dwelling. TITLE TO SAID PREMISES IS VESTED IN Mario A. Alfaro, married man,by Deed from Rodney L. Nesmith and Karen I. Nesmith, h/w, dated 09/26/2008,recorded 1.0/03/2008 in Instrument Number 200833442. PREMISES BEING: 607 WAYNE DRIVE,MECHANICSBURG,PA 17055-4987 PARCEL NO.42-26-0245-011. SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2333-CIVIL WELLS FARGO BANK,N.A. V. MARIO A.ALFARO owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 607 WAYNE DRIVE MECHANICSBURG PA 17055-4987 Parcel No. 42-26-0245-011. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $133,939.07 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2333 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 MARIO A.ALFARO (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: $133,939.07 L.L.:$.50 Interest FROM 8/23/2013 TO DATE OF SALE($22.02 PER DIEM)-$2,290.08 Atty's Comm: Due Prothy: $2.25 Atty Paid: $204.51 Other Costs: Plaintiff Paid: Date: August 23,2013 David D.Buell,Proth notary (Seal) By: Deputy REQUESTING PARTY: Name:JONATHAN LOBB,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.312174 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#813480 DEFENDANT SERVICE TEAM/Ixh MARIO A.ALFARO COURT NO.:13-2333-CIVIL SERVE MARIO A.ALFARO AT: TYPE OF ACTION 607 WAYNE DRIVE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-4987 SALE DATE: December 4,2013 SERVED Served and made known to MARIO A.ALFARO,Defendant on the 3—day of ��'M&-& (3,at o'clock M.,at i~JAyN� ORtI� in the manner described below: _Defendant pysonally served. ( Adult family memb ith whom Defendant(s)reside s). Relationship is i. �� �s AU _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: i c Description: Age �q0 Height ' Weight 10'0 > Race IN Sex Other I, hJ —rX.J , 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: 2�0'� NAME: PRINTED NAME: TITLE: e?-Oces S S� NOTSERVED On the day of 20 ,at o'clock_.M.,I, a competent adult hereby state that Defendant N T ND 'ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 C11 One Penn Center Plaza Philadelphia,PA 19103 ;. (215)563-7000 _ Z7 M Cd) f VJ Q c- , C , X--T7 < CO �7 iii p r J ItV jam} ( OTHrii`7' AF t Phelan Hallinan, LLP 2213 OCT 23 AM IC: L 33 Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division • v. CUMBERLAND County MARIO A. ALFARO • No.: 13-2333-CIVIL • Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 29, 2013. 2. Judgment was entered on August 23, 2013 in the amount of$133,939.07. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 813480 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $130,647.00 Interest Through October 29, 2013 $7,624.74 Late Charges $82.04 Legal fees $1,900.00 Cost of Suit and Title $529.51 Property Inspections $45.00 Mortgage Insurance Premium/Private Mortgage Insurance $543.25 Mortgage Insurance Premium to be paid $217.30 Escrow to be paid $516.00 Escrow Deficit $1,922.48 TOTAL $144,027.32 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated July 22, 2013 . 813480 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: d J� By: // • 1.*son F I c -- an, Esquire ATTO' ' FOR PLAINTIFF • • 813480 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County MARIO A. ALFARO • No.: 13-2333-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MARIO A. ALFARO 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 607 WAYNE DRIVE, MECHANICSBURG, PA 17055-4987. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. • 813480 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must • protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 813480 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the • mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 813480 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 813480 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1.120 (Pa..Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. . 813480 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 813480 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. 813480 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 14_224V7 By.04 diV _ ison F. . erman, Esquire Attorney for Plaintiff 813480 • • • Exhibit "A" 813480 CILtO'Orf IC`'. (;,= T!iE PROT HONOT R'! PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq.,Id. No.312174.t t3 AUG 23 AM la' 32 1617 JFK Boulevard,+Suite 1400 ,11' ERL ANO COUNTY One Penn Center Pla4a PEp�NSY �' NtA Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MARIO A.ALFARO : CIVIL DIVISION : No. 13-2333-CIVIL • 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 MARIO A. ALFARO, 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 $133,939.07 TOTAL $133,939.07 I hereby certify that(1) the Defendant's last known address is 607 WAYNE DRIVE, MECHANICSBURG, PA 17055-4987, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date $ f 7 2/,1 nathan Lobb,Esq., Id. No.312174 Attorney r Plai tiff DAMAGES f1R HE EBY ASSESSED SSED AS.INDICATED. J DATE: a� �3 fa PH a 813480 PROTHONOTARY / cu /t2 SD ai C i # /'3sir 813480 Pi 9V7 PJo/ i �bA • Exhibit "B" 813480 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th, 2013 MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 RE: WELLS FARGO BANK,N.A. v.MARIO A.ALFARO Premises Address: 607 WAYNE DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-2333-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, lli on :uck Id.N>.309519 Attor e. for Plaintiff • • • Enclosure • • 813480 • S 11 and PheIan Hallman,LLP t 411 g s 1617 1E1(Boulevard,Suite 1400 .. r�? der One Penn CenterNlaza 149-— Philadelphia,PA 19103 KVM , Article Number NameotAddressee,Street,and Post Office Address Postage 1' a TilAI2TO A.ALFARO 10.46 607 WAYNE DRIVE ` o o MECHANICSBURG,PA 170554487 f 'Y fM«, MARIO A.ALFARO $0" 495 Eugle Street ,•;%:St. 14letbanlesbu g,,PA 17055 �y kk RE:MARIO A.ALFARO(CUMBERLAND) PtI#813480/121W Page 1 of 1 S0.92 ! 1 stied' 7ciai Number otPiaes I'nemasier;Per(Name of The fWtdectarasoeof salat s requiem oft atdoneemc and intenstioaat registeerd r.. the mess '. ' and by Sealer Resrtxd at Post COMue Reeenios Empl ) tor the ra nkir Lion atnawegatabk docaauntsrider 8zpread Mal Aaomes(rttonurutao tmxr. y pane sabot.*fin a limp of$tO.0,00O per arrnnte The n aaoOom endemakty paysbte on Wit( a The mzaiarom t eoo aypayabie 6 S25,SOO for Sege onod mail.acko with a ap[iaaat i3HWaeco Svc Do iti00391)and 5921 for tunaatwra atcovens., i ,i>•�'; 13877 Facsimile • • $3343() '. _' • • • • • • • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas Plaintiff Civil Division v. • • CUMBERLAND County MARIO A. ALFARO • No.: 13-2333-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. MARIO A. ALFARO MARIO A. ALFARO 607 WAYNE DRIVE 495 Bugle Street MECHANICSBURG, PA 17055-4987 Mechanicsburg„ PA 17055 Phelan Hallinan, LLP DATE: /012 By: `���"'lll Allison e squire ATTORN • • PLAINTIFF • • • 813480 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County • MARIO A. ALFARO • No.: 13-2333-CIVIL • Defendant RULE AND NOW, this Z-''f- day of aNi.•J" 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 1 J. c t 813480 Allison F.Zuckerman,Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 ARID A. ALFARO —1 ARIO A. ALFARO 607 WAYNE DRIVE 495 Bugle Street MECHANICSBURG, PA 17055-4987 Mechanicsburg„ PA 17055 Co i'ES ` 813480 lClmss`/3 ./12 813480 fa� Pau rt-ry,T, ZA3 NOV -7 MI 10 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 � ERLAND coy 1 1617 JFK Boulevard, Suite 1400 PENNS Y( VA N1 A One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. . CIVIL DIVISION MARIO A.ALFARO Defendant(s) No.: 13-2333-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". < ' ,ge..„7 Adam H.Davis,Esq.,Id.No.203034 (7/���✓/� Attorney for Plaintiff Date: b 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#813480 Name and Address Phelan Ila linen,LLP . OfScndw )619 171{liovlevu d,Suitt 1400 1,• One Penn Crater Plan .4:M etaxammmi Phil tua,PAT9t03 o Name of Add :. AI r�- 1 „.„ .2 � �ENAN27UCCUpq and Post Office Address CkT•12/04/2013 SALE ni 4u7 1vgyNE DRIVE ! MECtlANICSt3 n' ' AMSRI UBG PA I7p55.9q&7 c ilaiN2000RTINGGREENEtwE (IICE FEDERAL CREDIT UNION ATTN:DON GAY w MECH'ANICSBURG CoTM�awdtlth PA 17QS0 Fn y+ of it $0.45 a ti Shawberre g tvanla Boman ofIndiividual Taxes Inheritance Tax rr Dept 180601 Nanishn ; PA 11128 fi n ' r: .., 6'' Department 8486 'Willow Public Welfare.TPL Casualty Unit,mate• Reamer). i 80.48 !I • • r Wilkw Oak Building Program Harris Domestic PA 171as Sp.43 • • Relations of Cumberland County 13 North Raney�Street Ca'o': PA 17013 'bO.� all all CQn"messwesith of Pennsylvania P.O. nt of Welfare _in Iva 16TS IaH PA 17193 • Sp.43 1000 Revenue Ser vlre Adv ry MI Pit Arcane Room 709 »e»» PA 1$12y all 12.5. tdt of bullet 'Sp,45 U.S.Attorney for • Federal Building Middle District PA . . 228 Walnut Street,Suite 220 Pt)Barr 11734. '»U.i3 • • • • • • raw uw,e„ >"iteal-�tbY 5nMw t""au+nrrr.rpw;„, "'E IfY17 .- `•,,"-�.a„�-�. 040ein se Pm/a icq n ne*M w.�.a :C 1 of 1 ( r Writ Team 1 .69.. ._ . ltr+.ri:a� J alas tale rar 6e x4.4:,,,..,an W rn ak Pbtm.387q�itppjRUle 7 —. .• �-Z +arcae//0**ea tlCOC..tnt.awd 70ec!,aOVNIVCa 7r:1[1*k .. ■ Ilk S4 _Y«x1....,tv7 v ro +a.'r"''''1 wx"m�" kW,,,t"- OUOJ�r, „Pl up.t+4daanq ors lX tr M. • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny FA d raomp ^ y'r r7/�� Sheriff Jody SSmith Chief Deputy FUchandVVStexvad ������� � ~^ iY Solicitor o�mewp�epvsn/Fr --^^ ' Wells Fargo Bank, N.A. Case Number - | 333 2013'2 K8aho/\|fano | - - SHERIFF'S RETURN OF SERVICE 09/30/3013 06:20 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 607 Wayne Drive, Upper Allen -Township, Mechanicsburg, PA17U55. Cumberland County. 09/30/2013 06:20 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Mario Alfaro at 607 Wayne Drive, Upper Allen, Mechanicsburg, PA 17055, Cumberland County. 11/22/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued bo2/5/2O14 01/08/2014 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: s71872 SO ANSWERS, January 14. 2014 RONNYRANDERSON, SHERIFF ^^��� ��v ���� wc"=wnm*Sheriff,rm"os"ft,/~` On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 607 Wayne Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. ,t Date: August 26, 2013 r-+ G' N By: Real Estate Coordinator t LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-2333 Civil Term WELLS FARGO BANK,N.A. VS. MARIO ALFARO Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-2333-CIVIL, WELLS FARGO BANK, N.A. v. MARIO A. ALFARO owner(s)of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 607 WAYNE DRIVE,MECHANICSBURG, PA 17055-4987. Parcel No.42-26-0245-011. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$133,939.07. 19 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 25 dav of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Comtnission Expires Apr 28,2014 The Patriot-News Co. •� •� .2020 Technology Pkwy i4e a Suite 300 Mechanic§burg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: -- --- 10/13/13 2013-2333 civil Term WELLS FARGO BANK,N.A. 10/20/13 VS. MARIO ALFARO - - 10/27/13 Aty Joseph Schalk j By virtue of a Writ of Execution No. 13-2333-CIVIL . • . . . . . . . . . . . . . . . . WELLS FARGO BANK,N.A. V. MARIO A.ALFARO Sworn to nd subscribed before me this 11 day of November, 2013 A.D. owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County;Pennsylvania,being 607 WAYNEDRIVE,MECHANICSBURG, PA 170S5-4987 otary Public Parcel No.42-26.0245-011. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING COMMONWEALTH OF PENNSYLVANIA Judgment Amount:$133,939.07 Nptarlal seal - -- - - - - - - Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My COMMISSIon Expires ON 0'F NOTARIES _ MEMBER,PENNSYLVANIA `A+SOCIf+ HONG 20A JAN 30 All 10. t q CQ Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • MARIO A. ALFARO • No.: 13-2333-CIVIL • Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 23, 2013 in the above referenced action. Phel, Hallina , _' A DATE: i By: A J, athan '. Et owicz, Esq., Id. No.208786 •tto =• for Plaintiff 813480 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff vs. : Civil Division • MARIO A. ALFARO • CUMBERLAND County • Defendant : No.: 13-2333-CIVIL • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG, PA 17055-4987 MARIO A. ALFARO 495 Bugle Street Mechanicsburg, PA 17055 ' e a allin. ►LP DATE: 2.51/ "( B . Jo- . an ■ . I kowicz, Esq., Id. No.208786 A erne for Plaintiff 813480 fC t � . !!t T y°lE� — d • PEJtisYI L.VANIA • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff . Civil Division v. CUMBERLAND County MARIO A.ALFARO Defendant(s) No. 13-2333-CIVIL PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark-the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Va ate th Judgment entered. Date: l 3/ i I PHELA HALLIN• • ,LLP By: 'I• 411 Troy Sellars, A., Id.No.210302 Attorney for Plaintiff PH#813480 004, S q. Sbpd 0/1 . etri /S??0) • • • • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff .• Civil Division v. . CUMBERLAND County MARIO A.ALFARO . Defendant(s) No. 13-2333-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MARIO A. ALFARO 607 WAYNE DRIVE MECHANICSBURG,PA 17055-4987 Date: 1 /3/41 PHELAN HALLINAN, LLP By: _ Troy Sellars,E .,Id.No.210302 Attorney for Plaintiff