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Home My WebLink About13-2890 Supreme Court of Pennsylvania • Court of Com mo Pleas f, Meet For Prothonotary Use Only: CiviWove .. CUMBERIfAND V, County Docket No: fi fir. +. ! J . ` The information collected on this form is used solely for court administration purposes. This form does not rTransfer ient or re lace the ilia and service of leadin s or other papers as required b i law or rules o court. S ment of Action: int ❑ Writ of Summons ❑ Petition E+ from Another Jurisdiction ❑ Declaration of Taking C iff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: JEREMY E. HOOVER T I Are money damages requested? []Yes Z No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters Esq., Id No 307207 Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 OF 1 u AR. ?Q� j'lr 2 ) cog CUMBERLAND BEtR APED DOUNI - 1y PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 VS. Plaintiff, NO.: >3 IaF /b Y i JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241 -9136 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). ( �2) 062 -PA -V3 auk t6 1o - N& CQ C/o V -/ 2. The Defendants, JEREMY E. HOOVER and KIMBERLY S. HOOVER, are individuals whose last known address are 2 HEIM COURT, NEWVILLE, PA 17241 -9136. 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 June 30, 2011, JEREMY E. HOOVER and KIMBERLY S. HOOVER made, executed and delivered to HOMESALE LENDING, LLC a Mortgage in the original principal amount of $151,070.00 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. 201119542. 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 July 20, 2011, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No: 201120069. 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. JEREMY E. HOOVER and KIMBERLY S. HOOVER are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due January 1, 2013. 062 -PA -V3 8. As of 05/06/2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 147,660.23 Interest 12/01/2012 Through 05/06/2013 $ 2,939.10 Late Charges $ 453.84 Property Inspections $ 30.00 Escrow Balance ($ 156.58) Suspense Balance ($974.79) TOTAL $ 149,951.80 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 action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 149,951.80 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. B y : Date: 's �p� O I Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" i Multistate NOTE JUNE 30, 2011 1D:Itel 2 HEIM CRT, NEWVILLE, PA 17241 11 Addressl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means i HOMESALE LENDING, LLC and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST in return for a loan received from Lender, Borrower promises to pay the principal sum ofONE HUNDRED FIFTY ONE THOUSAND SEVENTY AND 00/100 Dollars (U.S. $ ********151,070.00 ),plus interest, to the order of Lender. Interest will be charged on unpaid principal, ! front the date of disbursement of die loan proceeds by Lender, at the rate of FOUR AND FIVE- EIGHTHS percent ( 4.625 r ho) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning oil AUGUST 01 2011 Any principal and interest remaining on the first day of JULY 2041 will be due on that date, which is called the "Maturity Date." (B) Place i ent shall be made at WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ or at such place as Lender may designate in writing rower. (C) Amount i Each nionthly payment of principal and interest will be in the amount of U.S. $ * * * * ** * • This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjusunerits is executed by Borrower together with this Note, the covenants of die allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] I ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other (specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any nionth. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. if Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of die niondily payment unless Lender agrees in writing to those changes. ® FltA Multistate Fixed Kate Note • Iti /75 ORTOAOE FORMS Pape 1 of 2 Inicide: i 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after die payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4 . 000 %) of the overdue amount of each payment. (B) Default If Borrower default.. by failing to pay in full any monthly payment, dhen Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in die event of any subsequent default. in many eircuniscuices regulations issued by die Secretary will limit Lender's rights to require immediate payment in MI in die case of payment defaults. This Note does not audtorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means die Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required iniinediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to die extent not prohibited by applicable law. Such fees and costs shall bear interest front the date of disbursement at die same rate as die principal of this Note. 7. WAIVERS Borrower and any odier person who liar obligations under this Note waive the rights of presentment and notice of l dishonor. "Presentment" means die right to require Lender to demand payment of amounts due. "Notice of dishonor" means die right to require Lender to give notice to odier persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different niethod, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at die property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice fiat must be given to Lender under this Note will be given by first class niail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including die promise to pay the full aniount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these dhings. Any person who takes over these obligations, including die obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender inay enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of die amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to die terns and covenants contained in this Note. (Seal) (Seal) - Borrower aERE HOOVE - Borrower (Sea[) — _ 9&eA (Seal) - Borrower K ERLY S OVER - Borrower (Seal) (Seal) - Borrower -Borrower (Seal) (Seal) - Borrower - Borrower Page 2 of 2 WITHOUT RECOURSE PAY TO THE ORDER OF i WELLS F BANK, N.A. SAMUEL C. SHELLEY, SENIOR CE PRESIDENT -0010 Exhibit "B" LEGAL DESCRIPTION ALL that tract of land in North Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at corner of Lot 8 on the hereinafter described Subdivision Plan; thence by said Lot 8, North 71 degrees 23 minutes 07 seconds West, 226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman; thence by said land now or formerly of John D. Zimmerman, North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan; thence by said Lot 10, South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of Heim Court by a curve to the right on a circle having a radius of 30.00 feet, an arc distance of 24.26 feet, and a long chord bearing of South 62 degrees 08 minutes 55 seconds West, 23.60 feet to an iron pin set; thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet, an arc distance of 69.85 feet, and a long chord bearing of South 51 degrees 57 minutes 54 seconds West, 65.97 feet to an iron pin set at corner of Lot 8, the place of BEGINNING. The above description was taken from a Final Subdivision Plan for W. Irvin Nelson and Jason E. Garner, dated August 19, 2005, and revised December 1, 2005, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92, at Page 140. The above described lot is identified as Lot 9 on said Plan. File #: 320998 r PROPERTY ADDRESS: 2 HEIM COURT, NEWVILLE, PA 17241 -9136 PARCEL # 30 -19- 1683 -065 File M 320998 s VERIFICATION Denise Goldston, hereby states that he/ he s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his he nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. & Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 05/08/2013 086 -PA -V2 File #320998 FORM 1 ` IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. JEREMY E. HOOVER KIMBERLY S. HOOVER :Z'- r.* Defendan Q 9919C ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUR 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. I.f 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: Twwip wntw Date Meredith Wooters, Esq., Id. No.307207 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/PRI MARY 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-BORROWER 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 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 /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance .Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am /are under no obligation to use the 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 17013 (717) 249 -3166 (800) 990 -9108 File #: 320998 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t _ r Sheriff tr �yifunp,� r .c3a 3"ICIE Jody S Smith Chief Deputy 2013 Y 31 AM IQ. 10 <r. Richard W Stewart Solicitor OF (,,F TkR$14ER IF r CUMMERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2013-2890 Jeremy E. Hoover(et al.) SHERIFF'S RETURN OF SERVICE 05/24/2013 06:55 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Kimberly Hoover, Wife,who accepted as"Adult Person in Charge"for Jeremy E. Hoover at 2 Heim Court, North Newton ns ' N , PA 17241. /Z/W// Y Z, 'WILLIAM CLINE, DEPUTY 05/24/2013 06:55 PM - Deputy William Cline, 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: Kimberly S. Hoover at 2 Heim Court, North Newton Township, Newville, PA 1441. LLIAM CLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, May 29, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosoft,Inc. BUIMB3 LI►"L�1AN A��f 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 Tenn V. No.2013-2890-CIVIL JEREMY E. HOOVER KIMBERLY S. HOOVER Cumberland County 2 HEIM COURT NEWVILLE, PA 17241-9136 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal. and interest upon their mortgage due September 1, 2011, 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 24, 2013, Plaintiff completed service`of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of 814756 Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service.. 7. Since Defendants 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: 8 1 BY: "4-j de�6 Jose h chalk, Esquire Atto ney for Plaintiff 814756 Exhibit. -, A 814756 c-� c -� rnw y C�1 rC) S Von x dam, PHELAN HALLINAN, LLP ATTORNEY FOR PLA1iTg r` Meredith Wooters, Esq.,Id.No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION I FORT MILL, SC 29715 � ^ �� Plaintiff, NO.: ,J1 z VS. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 Defendants. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A., by its attorneys,Phelan Hallinan,LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW B% EVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). .4 P ORNE.Y naI lad of �$�'!; �Qpy RN 062-PA-V3 I NOTICE You have been sued in.Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a.judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File N: 288183 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the De£endant(s) are: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVIL LE, PA 17241-9136 who is/are the mortgagor(s) anal/or real owner(s) of the property hereinafter described. 3: On 06/30/2011 JEREMY E. HOOVER and KIMBERLY S. HOOVER made,executed and delivered a mortgage upon the premises hereinafter described to HOMESALE LENDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 201119542. By Assignment of Mortgage recorded 07/20/2011 the mortgage was assigned to PLAINTIFF which 'Assignment is recorded in Assignment of Mortgage Instrument No. 201120069.The mortgage and'assignment(s), if any,are matters of public record and are incorporated herein by reference in accordance with Pa..R.C.P. 1019(g);which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5.. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon.are collectible forthwith. File 4: 288183 6. -The following amounts are due on the mortgage as of 01/05/2012,:: Principal Balance $150,875;54 Interest $2,983.97 through 01/05/2012 Late Charges $189.99 Property Inspections $40.00 Escrow Balance ($69.85 TOTAL $154,019.65 7.: Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants) in the Action; however; Plaintiff reserves.its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8.. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon. File N: 288183 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $154,019.65, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PI-HELAN HA;I &S. . !T1EG; LLP Allison:F. We:'s;;, Ville Attorney for Plaintiff File#: 288183 " LEGAL DESCRIPTION ALL that tract of land in North Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at coiner of Lot 8 on the hereinafter described Subdivision Plan;thence by said Lot 8,North 71 degrees 23 minutes 07 seconds West, 226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman; thence by said land now or formerly of John D. Zimmerman,North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan; thence by said Lot 10, South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of IIeim Court by a curve to the right,on a circle having a radius of 30.00 feet, an arc distance of 24.26 feet, and a long chord bearing of South 62 degrees 08 minutes 55 seconds West, 23.60 feet to an iron pin set; thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet, an are distance of 69.85 feet, and a long chord bearing of South 51 degrees 57 minutes 54 seconds West, 65.97 feet to an iron pin set at corner of Lot 8,the place of BEGINNING. The above description was taken from a Final Subdivision Plan for W. Irvin Nelson and Jason E. Garner, dated August 19, 2005, and revised December 1, 2005,prepared by Eric L. Diffenbaugh, Professional Land Surveyor,which Plan is recorded in the Office of the Recorder of Deeds in.and for Cumberland County, Pennsylvania in Plan Book 92, at Page 140. The above described lot is identified as Lot 9 on said Plan. File#: 288183 PROPERTY ADDRESS; 2 HEIM COURT,NEWVILLE, PA 17241-9136 PARCEL #30-19-1683-065. r i File a: 288183 VERIFICATION Monica Vargas, hereby states tha/e/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A.,plaintiff or mortgage servicing agent for plaintiff in this matter,that/e/she 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 of1V/her information and belief. The undersigned understands that this statement is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities, Name I :i-oa'Vargas DATE: 1a Title: Vice President Loan Documentation 032-PA-V3 File#: 288183 i Exhibit B 814756 SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson sheriff Jody S Smith ��r�tr at�rirrrbFr/��d Chief Deputy ? Richard W Stewart Solicitor OFFICE nr TKE Sher: Wells Fargo Bank, N.A. VS. Case Number Jeremy E. Hoover(et al.) 2013-2890 SHERIFF'S RETURN OF SERVICE 05/24/2013 08:55 PM-Deputy William Cline, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Kimberly Hoover,Wife,who accepted as"Adult Person in Charge"for Jeremy E. Hoover at 2 Heim Court, North Newton34ns ,PA 17241. r1MLLIAM CLINE,DEPUTY 05/24/2013 06:55 PMµDeputy William Cline,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: Kimberly S.Hoover at 2 Heim Court, North Newton Township, Newville,PA 41, IAM CLINE, DEPUTY SHERIFF COST:$57.56 SO ANSWERS, May 29,2013 RON R ANDERSON,SHERIFF (e)CowlySOo SWIff,TM9oaoR Im 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 FORT MILL, SC 29715 Court of Common Pleas Civil Division Plaintiff V. Term JEREMY E. HOOVER No.2013-2890-CIVIL KIMBERLY S. HOOVER 2 HEIM COURT Cumberland County NEWVILLE, PA 17241-9136 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 By: Date: Joseph'P.,Schalk, Esquire Attorney for Plaintiff 814756 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 Tenn V. No.2013-2890-CIVI.L JEREMY E. HOOVER KIMBERLY S. HOOVER Cumberland County 2 HEIM COURT NEWVILLE, PA 17241-9136 Defendants ORDER AND NOW, this Z day of /4760 ' , 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. x rn M. Cn -tom C) <' T Q `< �r 814756 CC: Jeremy and Kimberly Hoover Joseph P. Schalk; Esq., Id. No. 91656 Attorney for Plaintiff HELAN HALLINAN LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 e LL 814756 F U OFF ICE 1 EL PROTHONOT PHELAN HALLINAN, LLP i OCT 1 I Ali 9: I It Attorney for Plaintiff Adam H. Davis, Esq.,Id. No.20 4 1617 JFK Boulevard, Suite 140Q,0MBC RLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JEREMY E. HOOVER KIMBERLY S. HOOVER : No. 13-2890-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 JEREMY E. HOOVER is over 18 years of age and resides at 2 HEIM COURT, NEWVILLE, PA 17241-9136. (c) that defendant KIMBERLY S. HOOVER is over 18 years of age and resides at 2 HEIM COURT,NEWVILLE, PA 17241-9136. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /07/07/4 ' 01-0414 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 814756 Department of Defense Manpower Data Center Results as of.Oct-10-201306:03:22 SCRA 3.0 = Status Report Pursuant to Servioemombers Civil Relief Act Last Name: HOOVER First Name: JEREMY Middle Name: E Active Duty Status As Of: Oct-10-2013 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. )4, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 A Department of Defense Manpower Data Center Results asot:Oct-10-2013 06 03 24 SCRA 3.0 ; status Report Pursuant to Servicornornbers Civil Relief Act Last Name: HOOVER First Name: KIMBERLY Middle Name: S Active Duty Status As Of: Oct-10-2013 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 earty 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. YA 411114441:418t: Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ._hPROTHOHO1At;'3 PHELAN HALLINAN, LLP - 0 AM is##� Attorney for Plaintiff Meredith Wooters, Esq., Id. No. �12g Li i 1617 JFK Boulevard, Suite 140%— `BLAND COUNTY' One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JEREMY E. HOOVER : CIVIL DIVISION KIMBERLY S. HOOVER : No. 13-2890-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 JEREMY E. HOOVER and KIMBERLY S. HOOVER, 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 $149,951.80 TOTAL $149,951.80 I hereby certify that (1) the Defendants' last known address is 2 HEIM COURT, NEWVILLE, PA 17241-9136, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. n 11,1 Date t 0 '"1 '3 eredith Wooters, Esq., Id. No.307207 Attorney fo lainti 3 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: IbI/s 13 PH#814756 PROTHONOTARY '� 11,.SU pd Clc-l�l3sssyp 814756 oGualq) Nob Ada% PHELAN HALLINAN,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JEREMY E. HOOVER KIMBERLY S. HOOVER : No. 13-2890-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 JEREMY E. HOOVER is over 18 years of age and resides at 2 HEIM COURT, NEWVILLE, PA 17241-9136. (c) that defendant KIMBERLY S. HOOVER is over 18 years of age and resides at 2 HEIM COURT, NEWVILLE, PA 17241-9136. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. joms. ito Date \D 14111 3 Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 814756 • Results as of:Oct-14-2013 12:05:23 Department of Defense Manpower Data Center SCRA 3.0 - *, . Status Report. sa Pursuant to Servieetnembers Civil ReiiefAet Last Name: HOOVER First Name: KIMBERLY Middle Name: S Active Duty Status As Of: Oct-14-2013 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. &Ai icti:4•„„).r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • Results as of:Oct-14-2013 12:05:21 Department of Defense Manpower Data Center SCRA 3.0 , status Keport '6 Pursuant to Servicemembers Servicemen Civil Relief Act Last Name: HOOVER First Name: JEREMY Middle Name: E Active Duty Status As Of: Oct-14-2013 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. Obit yA. 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 JEREMY E. HOOVER KIMBERLY S. HOOVER : CIVIL DIVISION : No. 13-2890-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ) bl151/. . s „.......,,,,,,,, ‘,..b.? ,,) ,By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 814756 . . WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL:DIVISION v. JEREMY E.HOOVER NO, 13-2890-CIVIL KIMBERLY S.HOOVER Defendant(s) CUMBERLAND COUNTY TO: JEREMY E.HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 DATE OF NOTICE: ci THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE LNDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE.PA 17013 (717)249-3166 41.,1"/‘• it athipaobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 IRK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#814756 , . -. • WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CiVil,DIVISION V. JEREMY E.HOOVER NO. 13-2890-CIVIL KIMBERLY S.HOOVER Defendanqs) CUMBERLAND COUNTY TO: KIMBERLY S. HOOVER 2 HELM COURT NEWVILLE,PA 17241-9136 DATE OF NOTICE: ,.( THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TILE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: t .1(' than ,m1.)1), Esq..Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PH 4 814756 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.: 13-2890-CIVIL JEREMY E.HOOVER KIMBERLY S.HOOVER • Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $149,951.80 Interest from 10/15/2013 to Date of Sale $3,500.30 ($24.65 per diem) TOTAL $153,452.10 11A JA l •/ Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Note: Please attach description of property. PH#814756 av\ CI _ 4_ S�. JIVII �✓✓�IIM1�� 1 103. •)5 �o. SOtt a z t.z.. gal) . 3/ pot irz.,a-astAP 6/. 7-7> ) 3SSSL� - t.sciu7)qc■ PHELAN HALLINAN, LLP `'` '`'` q Attorneys for Plaintiff Meredith Wooters, Esq., Id. No.307207 `" t :� tC #f"'' 1617 JFK Boulevard, Suite 1400 OCT 15 Ail LU: One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNT'' Meredith.Wooters @phelanhallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-2890-CIVIL JEREMY E. HOOVER KIMBERLY S. HOOVER Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff WELLS FARGO BANK,N.A. r �'r,) 'Ei',; COURT OF COMMON PLEAS RC)�#`��a1�Tip, Plaintiff • 2313 OCT 15 MI 10: 47 CIVIL DIVISION v. CUMBERLAND COUNTY NO.: 13-2890-CIVIL• JEREMY E. HOOVER PENNSYLVANIA KIMBERLY S.HOOVER 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 2 HEIM COURT,NEWVILLE, PA 17241-9136. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JEREMY E.HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 KIMBERLY S.HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JEREMY E.HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 KIMBERLY S.HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained, please indicate) None. PH# 814756 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 2 HEIM COURT NEWVILLE,PA 17241-9136 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: \0 {� I J By; (\mui32,4-At& Phelan Hallinan,LLP Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 814756 "Ut P ,i WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS 20;3 OCT 15 All III: 4 7 • Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY PNSYLVANIA : NO.: 13-2890-CIVIL JEREMY E. HOOVER KIMBERLY S.HOOVER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 **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 2 HEIM COURT,NEWVILLE,PA 17241-9136 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$149,951.80 obtained by WELLS FARGO BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2890-CIVIL WELLS FARGO BANK,N.A. v. JEREMY E. HOOVER KIMBERLY S. HOOVER owner(s) of property situate in NORTH NEWTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2 HEIM COURT,NEWVILLE, PA 17241-9136 Parcel No. 30-19-1683-065 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $149,951.80 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that tract of land in North Newton Township,Cumberland County,Pennsylvania,being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at corner of Lot 8 on the hereinafter described Subdivision Plan;thence by said Lot 8,North 71 degrees 23 minutes 07 seconds West,226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman;thence by said land now or formerly of John D.Zimmerman,North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan;thence by said Lot 10,South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of Heim Court by a curve to the right on a circle having a radius of 30.00 feet,an arc distance of 24.26 feet,and a long chord bearing of South 62 degrees 08 minutes 55 seconds West,23.60 feet to an iron pin set;thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet,an arc distance of 69.85 feet,and a long chord bearing of South 51 degrees 57 minutes 54 seconds West,65.97 feet to an iron pin set at corner of Lot 8,the place of BEGINNING. CONTAINING 0.4320 acres,more or less. The above description was taken from a Final Subdivision Plan for W.Irvin Nelson and Jason E. Garner, dated August 19,2005,and revised December 1,2005,prepared by Eric L. Diffenbaugh,Professional Land Surveyor,which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92,at Page 140.The above described lot is identified as Lot 9 on said Plan. SUBJECT TO the Declaration of Restrictions, Reservations, Conditions and Protective Covenants dated January 11, 2007 and recorded in Misc. Book 733, Page 3736. TITLE TO SAID PREMISES IS VESTED IN Jeremy E. Hoover and Kimberly S. Hoover, h/w, by Deed from Shavonne M. Vanormer, single woman, dated 05/21/2011, recorded 07/14/2011 in Instrument Number 201119541. PREMISES BEING:2 HELM COURT,NEWVILLE,PA 17241-9136 PARCEL NO.30-19-1683-065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2890 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 JEREMY E. HOOVER,KIMBERLY S.HOOVER (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: $149,951.80 L.L.: $.50 Interest FROM 10/15/2013 TO DATE OF SALE($24.65 PER DIEM)-$3,500.30 Atty's Comm: Due Prothy: $2.25 Atty Paid: $206.31 Other Costs: Plaintiff Paid: Date: 10/15/13 David D. B -11,Prothono .r (Seal) C// ��/ito Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,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.307207 • _ . r i� .._ �-�- , is ��r` r a� `: titf iUN ,f l 23 A 1Q: r:cF��EnL iv�- '` cavY � NNS YLVAN!A Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County JEREMY E. HOOVER • KIMBERLY S. HOOVER • No.: 13-2890-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 21, 2013. 2. Judgment was entered on October 15, 2013 in the amount of$149,951.80. 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 814756 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 March 12, 2014. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $146,685.44 Interest Through January 11, 2014 $7,914.90 Late Charges $453.84 Legal fees $1,725.00 Cost of Suit and Title $1,006.31 Property Inspections $60.00 Mortgage Insurance Premium/Private Mortgage Insurance $412.74 Escrow Deficit $3,258.32 TOTAL $161,516.55 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 19, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 814756 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: )420113 By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 814756 • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • JEREMY E. HOOVER KIMBERLY S. HOOVER • No.: 13-2890-CIVIL • Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JEREMY E. HOOVER and KIMBERLY S. HOOVER 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 2 HEIM COURT,NEWVILLE, PA 17241-9136. 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. 814756 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 814756 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 Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 814756 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 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 814756 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. 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 814756 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 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. 814756 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. 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 814756 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 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. 814756 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /2/2 13 By: John D. Kr , Esquire Attorney for Plaintiff 814756 Exhibit "A" 814756 FILED-OFFICE OF THE PROTHONOTARY PHELAN HALLINAN,LLP 2013 OCT 15 AM 10: 41 Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.3n72-uuribtERLANO COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Meredith.Wooters @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JEREMY E.HOOVER : CIVIL DIVISION KIMBERLY S.HOOVER • : No.13-2890-CIVIL ATTORNEY FILE COPY ��FF rzr' aN PRAECIPE FOR IN REM JUDGMENT FOR VRE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEREMY E.HOOVER and KIMBERLY S.HOOVER,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 Plaintiffs damages as follows: As set forth in Complaint $149,951.80 TOTAL Sw"r+0� $149,951.80 I hereby certify ti �endants'last known address is 2 HEIM COURT, NEWVILLE,PA 17241-913 , and(2)that notice has been given-in accordance with Rule Pa.R.C.P 237.1. d�,q // mind 10 (13 -"�t V 4AJU1. it/� Date � eredith Wooters,Esq.,Id. No.307 •7 to A� R' l4itntiff DAMAGES ARE HEREBY ASSESSED AS INDICA'1' . DATE: )a l IS 113 0 PH#814756 PROTHONOTARY 814756 Exhibit "B" 814756 t PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 12, 2013 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 RE: WELLS FARGO BANK,N.A. v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Premises Address: 2 HEIM COURT NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-2890-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 12/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, Es 1, Id.No.312244 Attorney for Plaintiff Enclosure 814756 CIO ; 030 I,6l`° i°io .� :.0' - °° 099'100 $ sots (a ',:4 �i . "`' AtilWamoloma.�+ r ! .. it S3MC?B kNLk7 0 Z �'17 �w ka g.. l., Ia § li! r l . 8 : - .. .. Q� n y H 1 G i5 x / I , . 2 4 n. II W , C te 1 IS U E'214 g rg 1r t.. 12 z ;g , a � �b w a 2c 5 — l.E O Z < p :a ra W Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff . . Civil Division v. . : CUMBERLAND County JEREMY E. HOOVER . KIMBERLY S. HOOVER : No.: 13-2890-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 Phelan Hallinan,LLP DATE: 12120 113 By: John D. Kro , Esquire ATTORNEY FOR PLAINTIFF 814756 I — If..{�fQJ 1 �tlf"'S�ill'l 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 JEREMY E. HOOVER • KIMBERLY S. HOOVER • No.: 13-2890-CIVIL Defendants RULE AND NOW,this 3o` day of . 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT t/?, J. ,'a 814756 v r TIii_ PPOTHONflTA#" 2014 JAN -9 pH ; 14 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County JEREMY E. HOOVER • KIMBERLY S. HOOVER • No.: 13-2890-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 30, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 Phe z .H. 'fan/Lj,' DATE: By: Ailing Jon.rn M. Etkowicz, Esq., Id. No.208786 Atto '.-y for Plaintiff 814756 f11Q 1014 JAN 23 MILT c SUmf ci LA 'E ND CQU dTY PEN" YL Vq Ntq Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. CUMBERLAND County • JEREMY E. HOOVER KIMBERLY S. HOOVER • No.: 13-2890-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 12, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 814756 , • 3. A Rule was issued on December 30, 2013 directing the Defendants to show cause by January 20, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 20, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /(2-.ah By: J than Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 814756 Exhibit "A" 814756 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 12, 2013 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 RE: WELLS FARGO BANK,N.A. v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Premises Address: 2 HEIM COURT NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-2890-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 12/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. 9ile____ Very truly yours, John D. Krohn,Esc., Id. No.312244 Attorney for Plaintiff Enclosure 814756 .7. 09'9100 $ soi6L d17 s:f.4 ~' Iii►. _, ;:. S .3llkd<<3C',i LSOd Sr t ITI'tg 4' 3.4108 A.3411 .1:::lti,y w 4i $ . a. % X saJ Ail. Jill !ffl, 11111 m. g °. e; Hi. . &� 4. 00 n It Iia z : ;i' 1-ei °s S 0 Aa 8 2 t 43 4 „ _ V .:.. 1C EElit i ii a - OaZmo ei OG i it el o ; Lt:-- 21 k3 M z IN MMIMMMMWM Exhibit "B" 814756 C,,,,n• ,` 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 JEREMY E. HOOVER •• KIMBERLY S. HOOVER • No.: 13-2890-CIVIL Defendants RULE AND NOW,this 30" day of Jc ,- 2014,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. 9:111 '� t?i. 814756 v • . . Exhibit "C" • 14 CliMBERL"VpC,N1� A T Y pNNs e r to 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 4110111 ` r'1,, Civil Division vs. CUMBERLAND County JEREMY E. HOOVER KIMBERLY S.HOOVER No.: 13-2890-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and c c erect copy of the Court's December 30, 2013 Rule directing the Defendants to show cause all why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE,PA 17241-9136 Phe Ha ' anJL) - DATE: By: Jon IF n , Etkowicz,Esq.,Id.No.208786 Atto y for Plaintiff 814756 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • JEREMY E. HOOVER KIMBERLY S. HOOVER : No.: 13-2890-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 Phelan Hallinan, LLP DATE: l / 2//t( By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 814756 I i 2014 XIi,i 27 Phi 3: I' IN THE COURT OF COMMON PLEAS , �tlMBERLAC�D COUNTY i CUMBERLAND COUNTY,PENNSYLVANIA PENNSYLVANIA it WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff I Civil Division vs. CUMBERLAND County JEREMY E. HOOVER KIMBERLY S. HOOVER No.: 13-2890-CIVIL Defendants ORDER AND NOW, this 27' day of �a.v.� , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $146,685.44 Interest Through November 20, 2013 $7,914.90 Late Charges $453.84 Legal fees $1,725.00 Cost of Suit and Title $1,006.31 Property Inspections $60.00 Mortgage Insurance Premium/Private Mortgage Insurance $412.74 Escrow Deficit $3,258.32 TOTAL $161,516.55 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. i Igas /YZ:zt B E C J. J . 1L0CW?'.. K . �v�ov�L.�i� 814756 G F*�CTt __ PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza '7c) Philadelphia, PA 19103 —G 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 JEREMY E.HOOVER KIMBERLY S.HOOVER No.: 13-2890-CIVIL Defendant(s) • AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No. 03034 /'ff'//- Attorney for Plaintiff Date: G 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#814756 __ . . ,wn tot t43£'OC,. ;y ..• S CO464 diZ r r • 1 x' �', -_'�� A. a Nuu_x'97 �IMIIM'..ur�o . ' + + 1 >4 V�j�N.L -, "in: _✓� AI!i .Q� if Gvfl 1 V F $yRM'gp8 a in et ��! e$ N 5 g 9 0. A 2 a a ° hit i s hi X141 d jfo$s:t o U r < a c a A II S' N .. / s t s tar, = x .� 3aa 4, _ C �a � M ,.. 3 r. c41 ow .r ^fm ! IIiHill1UuiIIIO1i I ��0 M 6~0 O " 0 g o V? V. op L• Z 0. .. . Z H N 4 0 V ... V QCR ON a; 1...1 ...0 04 .� .74:. N Ce Z" GA f...CL no ir i ..prn� z t 4, s t s 4 O f 4 I. s 4 I ,. w wt.- . M c '" " M a zao HL -,Y,OTHONOTAI\ 20141-M7 -7 1111 10: 01 CUMBERLAND COUTy NI A PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. JEREMY E. HOOVER and KIMBERLY S. HOOVER Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13 -2890 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 03/12/2014 at 10:00 A.M. in the above -captioned matter has been continued until 07/02/2014 at 10:00 AM. Date: k PH #814756 J han Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13 -2890 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 Date: 510//V PH # 814756 J han Lobb, Esq., Id. No.312174 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LL:D-311C THE' OTHONCtFA:' ?rally JUN 20 Ai} 9: 52 CUMBERLAND COUNTY PENNSYLVANIA 4,007 0t C it:nhtr/oilo. OFFICE OF THE SHERIFF Wells Fargo Bank, N.A. vs. Jeremy E. Hoover (et al.) Case Number 2013-2890 SHERIFF'S RETURN OF SERVICE 01/06/2014 11:53 AM - Deputy Shawn Gutshall, 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 2 Heim Court, North Newton - Township, Newville, PA 17241, Cumberland County. 01/09/2014 05:43 PM - Deputy Dawn Kell, 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: Kimberly S. Hoover at 2 Heim Court, North Newton Township, Newville, PA 17241, Cumberland County. 01/09/2014 05:43 PM - Deputy Dawn Kell, 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 Kim Hoover, Wife, who accepted as "Adult Person in Charge" for Jeremy E. Hoover at 2 Heim Court, North Newton Township, Newville, PA 17241, Cumberland County. 03/11/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 04/24/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 06/11/2014 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: $792.20 SO ANSWERS, June 11, 2014 RONNY R ANDERSON, SHERIFF a, as pot ST L -pet. 3o? S39 (c) CountySude Sneritt, Teleosott. Inc. H " Lu 7— CD 1-1- U lint LI— Cal La— Xi. Cry C) On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered as, 2 Heim Court, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. QDate: December 13, 2013 By: Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-2890 Civil Term Wells Fargo Bank, N.A. vs. Jeremy E. Hoover Kimberly S. Hoover Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -2890 -CIVIL, WELLS FARGO BANK, N.A. vs. JEREMY E. HOOVER, KUWBERLYS.HOOVER, owner(s) of property situate in NORTH NEWTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2 HE1M COURT, NEWVILLE, PA 17241-9136. Parcel No. 30-19-1683-065. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $149,951.80. 39 • 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: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2820 Technology Pkwy Suite 300. ' Mechanicsburg, PA 17050 inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot4Zews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-2890 Civil Term Wells Fargo Bank, N.A Vs Jeremy E. Hoover Kimberly S. Hoover Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -2890 -CIVIL WELLS FARGO BANK, N.A. v. JEREMY E. HOOVER KUWBERLYS.HOOVER owners) of property situate in NORTH NEWTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2 HEIM COURT, NEWVILLE, PA 17241-9136 Parcel No. 30-19-1683-065 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $149,951.80 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn tQ'and subscribed before this 18 day of February, 2014 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec 12, 2016 MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER Wells Fargo Bank, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13 -2890 -CIVIL Jeremy E. Hoover Kimberly S. Hoover Defendant(s) : Cumberland County PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated 01/27/2014 in favor of the Plaintiff and against JEREMY E. HOOVER & KIMBERLY S. HOOVER, defendant(s). As Set Forth in the Order $161,516.55 PHS # 814756 Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.31.71.24 Attorney for Plaintiff 5 -70 trn 73 Cf CD - { Cj C) -r V� r C? t -r• 3> 7,2 ctixA._slkoso 6'611-1 0,\LA Iu(n3s3 �t� 31oos3 J/ • FiLF_O-OFFICE OF THE PROTHONOTAW1' 2014JAN 27 PM 3:53 IN THE COURT OF COMMON PLEAUMRERLAND COUNTY CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants AND NOW, this aPikday of.J ORDER 2014, upon consideration of Plaintiff s Court of Common Pleas Civil Division CUMBERLAND County No,: 13 -2890 -CIVIL Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows:: Principal Balance Interest Through November 20, 2013 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $146,685.44 $7,914.90 $453.84 $1,725.00 $1,006.31 $60.00 $412.74 $3,258.32 TOTAL $161,516.55 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 814756 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. Jeremy E. Hoover Kimberly S. Hoover Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due TOTAL Note: Please attach description of property. PH # 814756 COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -2890 -CIVIL CUMBERLAND COUNTY $161,516.55 $161,516.55 Phelan Hallman, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff itz.D.as-INAa ouSLA 12 -17ssveci LEGAL DESCRIPTION ALL that tract of land in North Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at corner of Lot 8 on the hereinafter described Subdivision Plan; thence by said Lot 8, North 71 degrees 23 minutes 07 seconds West, 226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman; thence by said land now or formerly of John D. Zimmerman, North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan; thence by said Lot 10, South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of Heim Court by a curve to the right on a circle having a radius of 30.00 feet, an arc distance of 24.26 feet, and a long chord bearing of South 62 degrees 08 minutes 55 seconds West, 23.60 feet to an iron pin set; thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet, an arc distance of 69.85 feet, and a long chord bearing of South 51 degrees 57 minutes 54 seconds West, 65.97 feet to an iron pin set at corner of Lot 8, the place of BEGINNING. CONTAINING 0.4320 acres, more or less. The above description was taken from a Final Subdivision Plan for W. Irvin Nelson and Jason E. Garner, dated August 19, 2005, and revised December 1, 2005, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92, at Page 140. The above described lot is identified as Lot 9 on said Plan. SUBJECT TO the Declaration of Restrictions, Reservations, Conditions and Protective Covenants dated January 11, 2007 and recorded in Misc. Book 733, Page 3736. TITLE TO SAID PREMISES IS VESTED IN Jeremy E. Hoover and Kimberly S. Hoover, h/w, by Deed from Shavonne M. Vanormer, single woman, dated 05/21/2011, recorded 07/14/2011 in Instrument Number 201119541. PREMISES BEING: 2 HEIM COURT, NEWVILLE, PA 17241-9136 PARCEL NO. 30-19-1683-065 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff v. Jeremy E. Hoover Kimberly S. Hoover Defendant(s) r EC llF E?C 3F THE PROTHONOTAk Ak 2061i AUG 20 AM 10; 54 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -2890 -CIVIL Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelad Hallinah, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff PRO TfioN0 20 AUG 20 AN (G': v. CUMBERLAND COUNTY PENNSYLVANIA Jeremy E. Hoover Kimberly S. Hoover Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2890 -CIVIL 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 2 Heim Court, Newville, PA 17241-9136. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jeremy E. Hoover Kimberly S. Hoover 2 Heim Court Newville, PA 17241-9136 2 Heim Court Newville, PA 17241-9136 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Jeremy E. Hoover Kimberly S. Hoover 2 Heim Court Newville, PA 17241-9136 2 Heim Court Newville, PA 17241-9136 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 814756 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 Te nant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 2 Heim Court Newville, PA 17241-9136 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: $hil if PH # 814756 By: Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. HE PRO THJN0 7i r 28! 4 A VG z Q O- : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA i vs. : NO.: 13 -2890 -CIVIL Jeremy E. Hoover Kimberly S. Hoover : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeremy E. Hoover Kimberly S. Hoover 2 Heim Court Newville, PA 17241-9136 **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 2 Heim Court, Newville, PA 17241-9136 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $161,516.55 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -2890 -CIVIL Wells Fargo Bank, N.A. V. Jeremy E. Hoover Kimberly S. Hoover owner(s) of property situate in NORTH NEWTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2 Heim Court, Newville, PA 17241-9136 Parcel No. 30-19-1683-065 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $161,516.55 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that tract of land in North Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at corner of Lot 8 on the hereinafter described Subdivision Plan; thence by said Lot 8, North 71 degrees 23 minutes 07 seconds West, 226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman; thence by said land now or formerly of John D. Zimmerman, North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan; thence by said Lot 10, South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of Heim Court by a curve to the right on a circle having a radius of 30.00 feet, an arc distance of 24.26 feet, and a long chord bearing of South 62 degrees 08 minutes 55 seconds West, 23.60 feet to an iron pin set; thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet, an arc distance of 69.85 feet, and a long chord bearing of South 51 degrees 57 minutes 54 seconds West, 65.97 feet to an iron pin set at corner of Lot 8, the place of BEGINNING. CONTAINING 0.4320 acres, more or less. The above description was taken from a Final Subdivision Plan for W. Irvin Nelson and Jason E. Garner, dated August 19, 2005, and revised December 1, 2005, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92, at Page 140. The above described lot is identified as Lot 9 on said Plan. SUBJECT TO the Declaration of Restrictions, Reservations, Conditions and Protective Covenants dated January 11, 2007 and recorded in Misc. Book 733, Page 3736. TITLE TO SAID PREMISES IS VESTED IN Jeremy E. Hoover and Kimberly S. Hoover, h/w, by Deed from Shavonne M. Vanormer, single woman, dated 05/21/2011, recorded 07/14/2011 in Instrument Number 201119541. PREMISES BEING: 2 HEIM COURT, NEWVILLE, PA 17241-9136 PARCEL NO. 30-19-1683-065 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. NO 13-2890 Civil Term CIVIL ACTION — LAW JEREMY E. HOOVER, KIMBERLY S. HOOVER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $161,516.55 Interest Atty's Comm: Atty Paid: $1,043, 1'1 Plaintiff Paid: Date: 8/20/14 (Seal) L.L.. Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy REQUESTING PARTY: Name: MICHAEL DINGERDISSEN, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 317124 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER FiLED-CHICE CIF THE Pr,f3THONOTALY 23111 SEP 26 LI S A 1-1ORNEY FOR PLAINTIFF CUMBERLAND CENTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1: Plaintiff commenced this foreclosure action by filing a Complaint on May 21, 2013. 2. Judgment was entered on October 15, 2013 in the amount of $149,951.80. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated January 27, 2014, amending the judgment amount to $161,516.55. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 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. 814756 5. A Sheriffs Sale of the mortgaged property at 2 HEIM COURT, NEWVILLE, PA 17241-9136 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, KIMBERLY SUE HOOVER A/K/A KIMBERLY S. HOOVER and JEREMY E. HOOVER, filed a Chapter 07 Bankruptcy at Docket Number 1:14-01021 on March 10, 2014. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated June 23, 2014 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on December 3, 2014. 7. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $146,685.44 $12,437.70 $453.84 $2,550.00 $1,386.81 $792.20 $110.00 $405.15 $7,182.79 TOTAL $172,003.93 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 814756 2 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 25, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff's Motion to Make Rule Absolute dated January 27, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: q/ /(5e By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 814756 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JEREMY E. HOOVER and KIMBERLY S. HOOVER 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 2 HEIM COURT, NEWVILLE, PA 17241-9136. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 814756 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. 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 814756 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale.. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 814756 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 814756 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attomey's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 814756 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs 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. 814756 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 814756 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (Zti‘/(P Phelan Hallinan, LLP Adam H. Davis, Esquire Attorney for Plaintiff 8 814756 Exhibit "A" PROr THE PROTHONOTARY PHELAN HALLINAN, LLP 2013 OCT 15 AM 10: 41 Attorney for Plaintiff Meredith Wooters, Esq., Id. No.3( 72ERLAND BOUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. JEREMY E. HOOVER KIMBERLY S. HOOVER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -2890 -CIVIL ATTORNEY FILE CQPY PRAECIPE FOR IN REM JUDGMENT FORURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEREMY E. HOOVER and KIMBERLY S. HOOVER, 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 TOTAL 011 I hereby certify tlP eendants' last known address is 2 HEIM COURT, NEWVILLE, PA 17241-913 and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. $149,951.80 $149,951.80 Date 10(1k03 eredith Wooters, Esq., Id. No.307 ' 7(�;• ff Ft' •� `1ginti DAMAGES ARE HEREBY ASSESSED AS INDICAi' . DATE: NIS II 3 PH # 814756 PROTHONOTARY 814756 Exhibit "B" FILED -OFFICE OF THE PROTHONOTAV 2014JAN 27 PH 358 IN THE COURT OF COMMON PLEASCUMKRLANO COUNTY CUMBERLAND COUNTY, PENNSYLVANIAPENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL ORDER AND NOW, this ,2'day ofJ 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through November 20, 2013 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $146,685.44 $7,914.90 $453.84 $1,725.00 $1,006.31 $60.00 $412.74 $3,258.32 $161,516.55 814756 Exhibit "C" B18 (Official Form 18) (12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:14—bk-01021—MDF Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Kimberly Sue Hoover 2 Heim Court Newville, PA 17241 Social Security / Individual Taxpayer ID No.: xxx—xx-2254 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, ITIS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 6/23/14 BY THE COURT Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:14-bk-01021-MDF Doc 14 Filed 06/23/14 Entered 06/23/14 01:00:18 Desc Ch 7 Discharge Page 1 of 2 Exhibit "D" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 15, 2014 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 WELLS FARGO BANK, N.A. v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Premises Address: 2 HEIM COURT NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 13 -2890 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 814756 Name and Address Of Sender 6elan7 Hallinan, ule LLP 1617 JFK Boulevard, Suite 1400 One Penn CenterPlaza Philadelphia. PA 19103 JO.H Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 *•`" JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HELM COURT NEWVILLE, PA 17241-9136 50.48 RE: JEREMY E. HOOVER (CUMBERLAND) PH ti 814756/1200 Page 1 of 1 50.48 Total Number of Tout `lumber of Pieces Postmaster, Per (Name of The fill declaration of value is required on all domestic and internacional registered mad Thi Pleas Listed by Seodcr Reccivod at Post Wm Receiving Employee) for he reconstruction ofnonnegotiabk documents under P.spress MO document recommit pica subject to a bit ofS500.000'NT ocou.rence. The maximum indemnity payable on Esc The MINIMUM indemnity payable is 925.000 fm rcgisteied mail, sent with optional insurance R900 5911 and 5921 for limitations of coveiage, Farm 3877 Facsimile 814756 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division CUMBERLAND County JEREMY E. HOOVER KIMBERLY S. HOOVER No.: 13 -2890 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. v. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 DATE: 1% Phelan Hallinan, LLP By: Adam H. H. Davis, Esquire ATTORNEY FOR PLAINTIFF 814756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL RULE AND NOW, this / day of Or bb 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Copies /72.1:LL 141.1 A. J . gelooffL K. Pie ioli/, ;z1 77. 814756 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 814756 814756 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 fv-'7 .'.. -; IC: 2Lt A.T,TORNEY FOR PLAINTIFF Can Y 131: ;!•S ‘t" Lei\ i A WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division CUMBERLAND County JEREMY E. HOOVER KIMBERLY S. HOOVER No.: 13 -2890 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 1, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. vs. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 DATE: 741-7//v By: Phelan Hallinan, LLP J a han Lobb, Esq., Id. No.312174 Attorney for Plaintiff 814756 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION JEREMY E. HOOVER NO. 13 -2890 -CIVIL KIMBERLY S. HOOVER Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendants, JEREMY E. HOOVER and KIMBERLY S. HOOVER, by certified mail and regular mail at 2 HEIM COURT, NEWVILLE, PA 17241-9136 and posting 2 HEIM COURT, NEWVILLE, PA 17241- 9136: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, JEREMY E. HOOVER and KIMBERLY S. HOOVER, with the Notice of Sale at the mortgaged premises, 2 HEIM COURT, NEWVILLE, PA 17241-9136, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on October 8, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs October 8, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, JEREMY E. HOOVER and KIMBERLY S. HOOVER, but has been unable to do so. 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of October 7, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JEREMY E. HOOVER and KIMBERLY S. HOOVER at 2 HEIM COURT, NEWVILLE, PA 17241-9136 and posting 2 HEIM COURT, NEWVILLE, PA 17241-9136.. Phelan Hallinan, LLP DATE: 1 0 lti ity By: Jo an Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION JEREMY E. HOOVER NO. 13 -2890 -CIVIL KIMBERLY S. HOOVER Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, JEREMY E. HOOVER and KIMBERLY S. HOOVER, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JEREMY E. HOOVER and KIMBERLY S. HOOVER at 2 HEIM COURT, NEWVILLE, PA 17241-9136 and posting 2 HEIM COURT, NEWVILLE, PA 17241-9136.. DATE: ID 11-7101 Phelan Hallinan, LL By: Jona Lobb, Esquire Bar D No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -2890 -CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JEREMY E. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 DATE: Phelan Hallinan, LLP By: Jo an Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT JEREMY E. HOOVER KIMBERLY S. HOOVER SERVE JEREMY E. HOOVER AT: 2 HEIM COURT NEWVILLE, PA 17241-9136 PH # 814756 SERVICE TEAM/ Ixh. COURT NO.: 13.2890 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to JEREMY E. HOOVER, Defendant on the _ day of 20 _, at , o'clock M., at , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is. _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other _ , 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: On the " day of .. , 20 statc':thnt tendant �. 0 ir,. ►manse: Vacant Does Not Exist __No Answer on ;at Service Refused Other: I uncle falsif BY: NAME: PRINTED NAME: 11'1LE: T,NOT SERVEI o'clock M. Moved _ Does Not Reside (Not Vacant) at It adult hereby of 18 Pa. C,S, Sec. 4904 relating to unsworn PRINTED NAME: W `� ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT JEREMY E. HOOVER KIMBERLY S. HOOVER SERVE KIMBERLY S. HOOVER AT: 2 HEIM COURT NEWVILLE, PA 17241-9136 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 814756 SERVICE TEAM/ lxh COURT NO.: 13 -2890 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to KIMI3ERLY S. HOOVER, Defendant on the ^ day of 20 _, at o'clock _. M., at. , in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _.._ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other:. Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME::. PRINTED NAME: TITLE: { NOT SERVED Ronald Moll On the 0 da of 6 I, ue6F , 20_4, at So'clock A. M.,, a competent adult hereby state that etendant NOT FOUND because: Vacant _ Does Not Exist Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused Other: I tinders,tetinhal this statement is rade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifications authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 814756 Attorney Firm: Phelan Hallinan, LLP Subject: Jeremy E. Hoover & Kimberly S. Hoover Current Address: 2 Heim Court, Newville, PA 17241 Property Address: 2 Heim Court, Newville, PA 17241 Mailing Address: 2 Heim Court, Newville, PA 17241 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jeremy E. Hoover - xxx-xx-5357 Kimberly S. Hoover - xxx-xx-2254 B. EMPLOYMENT SEARCH Jeremy E. Hoover & Kimberly S. Hoover - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jeremy E. Hoover & Kimberly S. Hoover reside(s) at: 2 Heim Court, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Jeremy E. Hoover & Kimberly S. Hoover. B. On 09-16-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 386-3209 and received the following information: answering machine. On 09-16-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 776-1276 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 09-16-14 our office made a phone call in an attempt to contact Chris Eye (717) 776- 1111, 5 Heim Court, Newville, PA 17241: spoke with an unidentified male who confirmed that Jeremy E. Hoover & Kimberly S. Hoover reside(s) at 2 Heim Court, Newville, PA 17241. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-16-14 we reviewed the National Address database and foundthe following information: Jeremy E. Hoover & Kimberly S. Hoover - 2 Heim Court, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 09-16-14 Vital Records and all public databases have no death record on file for Jeremy E. Hoover & Kimberly S. Hoover. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jeremy E. Hoover -1978 Kimberly S. Hoover -1975 B. A.K.A. Kimberly Sue Hoover; Kimberly Sue Horn; Kimberly Sue Slusser * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to ;the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" SUSAN P. Moran, Legal Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 RE: WELLS FARGO BANK, N.A. v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Premises Address: 2 HEIM COURT, NEWVILLE, PA 17241-9136 CUMBERLAND County, No. 13 -2890 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 15, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP PH # 814756 SUSAN P. Moran, Legal Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania JEREMY E. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 RE: WELLS FARGO BANK, N.A. v. JEREMY E. HOOVER and KIMBERLY S. HOOVER Premises Address: 2 HEIM COURT, NEWVILLE, PA 17241-9136 CUMBERLAND County, No. 13 -2890 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 15, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP PH # 814756 Name and Phelan Hallinan, LLP" Address 1617 JFK Boulevard, Suite 1400 zC4. Of Sender. One. Penn Center Plate Philadelphia, PA 19103 w SPL r es+ o 7 t5 t}q 2 o won � .fi ..v°..• 1,) ...1. ' Line Article Number Name of Addressee, Street, and Post Office Address Po 1*** KimberlyS. Hoover 2 HELM COURT+T NEWVILLE, PA 17241-9136I. $0. 0 ` "cI 2 **** Jeremy E. Hoover 2 HELM COURT NEWVILLE, PA 17241-9136 $0.47 3 **** 50.47 RE: JEREMY E. HOOVER (CUMBERLAND) TEAM 4 PH # 814756/1021 Page 1 of 1 51.41 Total Number of Pieces Listed by Sender Taal Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.000 per piece subject to a limit of $500.000 per ooaarrena. The maximum indemnity payable on Express Mail merchandise is SS00. The maximum indemnity payable is 525,000 for registered marl, sent with optional inwwnce. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile PH # 814756 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 26, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about October 1, 2014 directing the Defendants to show cause by October 21, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 7, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 21, 2014. 814756 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: /0/01-t By: Justin F. Attorne Phelan Hallinan, LLP 3 q., Id. No.200392 ff 814756 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v.. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL RULE day of ..4eLo& 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT r. Frl rn c, 1 814756 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 1EL: (215) 563-7000 FAX: (215) 563-3459 JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-91.36 814756 814756 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 1, 2014 Rule directing r the Defendants to show cause as to why Plaintiffs Motion to Reasseg * 0' ot be ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL granted was served upon the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 DATE: By: Li cgrizi !Dv Phelan Hainan, LLP J .athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff < 814756 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2890 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 DATE: /S)Ze / By: Phelan H. n. , LLP Justin F. . eski, Esq., Id. No.200392 Attom for Plaintiff 814756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants ORDER NO. 13 -2890 -CIVIL AND NOW, this Z 1 day of cRoqrusr , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants JEREMY E. HOOVER and KIMBERLY S. HOOVER by: ✓ REGULAR MAIL at 2 HEIM COURT, NEWVILLE, PA 17241- PH # 814756 ..7.'=C.:" CC PHELAN HALLINAN, LLP'I) -� —t 1617 JFK Boulevard, Suite 1400 mr`��,' � -� - ffi- Philadelphia, PA 19103 C.„ � —'IN) ; r� CD 1 n __ MirL /t0 Y > < A '—'i cI lam / ' �-cL .c c:� -,1- :,, iW) "<- _ 9136 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 2 HEIM COURT, NEWVILLE, PA 17241- 9136 Service by mail is complete upon the date of mailing POSTING 2 HEIM COURT, NEWVILLE,P 17241-9136 BY THE"COURT: J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff VS. JEREMY E. HOOVER KIMBERLY S. HOOVER Court of Common Pleas Civil Division -71 CUMBERLAND C rn coZ n a ::r. No.: 13-2890-CIVI t NI v czy > k.0o a Defendants > x» ORDER v r' -< ' ) AND NOW, this 7-1 day of Oc)D4 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $146,685.44 $12,437.70 $453.84 $2,550.00 $1,386.81 $792.20 $110.00 $405.15 $7,182.79 $172,003.93 814756 tL. PHELANHALLINAN, LLP Adam 14 Davis, Esq., Id. No 203034 1617 JFK Boulevard, Suite 1400 t •;1 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY Plaintiff, v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION : No.: 13 -2890 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 814756 Wells Fargo Bank, N.A. Plaintiff V. Jeremy E. Hoover Kimberly S. Hoover Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2890 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 Heim Court, Newville, PA 17241-9136. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jeremy E. Hoover Kimberly S. Hoover 2. Name and address of Defendant(s) in the judgment: Name Jeremy E. Hoover 2 Heim Court, Newville, PA 17241-9136 2 Heim Court, Newville, PA 17241-9136 Address (if address cannot be reasonably ascertained, please so indicate) 2 Heim Court Newville, PA 17241-9136 Kimberly S. Hoover 2 Heim Court Newville, PA 17241-9136 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 814756 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 Tenant/Occupant Jeremy Hoover C/O John Joseph Mangan III, Esq. Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 2 Heim Court Newville, PA 17241-9136 17 W South st Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: l073 //1 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 814756 Name and Address Of Sender 1617 nI HK iLLP 1617 MK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 AZK/KAZ- 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage •••• Jeremy Hoover C/O John Joseph Mangan 1.11, Esq. 50.48 17 W SOUTH ST CARLISLE, PA 17013 RE: JEREMY E. HOOVER (CUMBERLAND) PH 8 814756/1026. Page 1 of 1 45 Day 50.48 Toed Number of Taal Nmnber of Pieces Postmaster, Per (Name of The full dedraim of value is required on all damask and intesmtiosW registered mail. The ma Pieces lined by Sender Received in Post 01Troe Receiving Employee) for tk reconstruction n of nonnegotiable dooumme under Express M. dot reconstruction it piece subject to a limit of 5500,000 pts occurrence. The maximum indemnity payable oo Egress The maximum indemnity payable is 525000 for registered mal. wax with optional innoa,oe. Se R900 5913 ad S921 for limielioos of eovaa6 . Form 3877 Facsimile PH k 814756 Name and Address Of Sender Line 2 3 4 5 114 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET 12/03/2014 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 2 HEIM COURT NEWVILLE, PA 17241-9136 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754, *REVIEREMY E: HOOVER (CUMBERLAND) PH # 814756/1021 Pagel. of 1 , Writ Tidfn' $2.35 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Pot Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail, The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance k SSfSNIO per piece subject to a.limit of S500,000 per occurrence. The maximum indemnity payable nn Express Mail merchandise ie S500. The maximum indemnity payahle is 525,000 for registered maii, sent with optional insurance, See Domestic Mail Mamral 8900 S913 and S021 for limitations of coverage. Form 3877 Facsimile PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants 20 I ip ‘" * *I 7 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -2890 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JEREMY E. HOOVER and KIMBERLY S. HOOVER on 10/31/2014 in accordance with the Order of Court dated 10/23/2014. The property was posted on 10/31/2014 and 11/1/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phelan Halli n, LLP By: Paul Cressman, Esq., Id. No.318079 A • - for PI intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. JEREMY E. HOOVER KIMBERLY S. HOOVER Defendants ORDER AND NOW, this 2*41—day of CIVIL DIVISION NO. 13 -2890 -CIVIL 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants JEREMY E. HOOVER and KIMBERLY S. HOOVER by: PH # 814756 REGULAR MAIL at 2 HEIM COURT, NEWVILLE, PA 17241- 9136 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 2 HEIM COURT, NEWVILLE, PA 17241- 9136 Service by mail is complete upon the date of mailing POSTING 2 HEIM COURT, NEWVILLE, PA 17241-9136 BY THE COURT: CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 J. Name and Address of Sender PHELAN HALLINAN, LLP. e Penn Center at Suburban, Suite 1400 Milhiladelphia, PA 19103 1 Line Article Numberi Name of Addressee, Street, and Post Once Address Postage,x Crt � o C1' r" % P.....4 } ~ ri 4 yjf '' Jeremy E. Hoover 2 Heim Court Newville, PA 17241-9136 2 Kimberly S. Hoover 2 Heim Court pewville, PA 17241-9136 M7 . 4 .•.• t).= ce? tv- 7 •••• 8 •••• 9 •••• 10 •••• 11 •••• 12 •••• 13 ••.. 14 15 12E: Jeremy E. Hoover Kimberly S. Hoover PH: 814756 Cumberland Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) DWB-CERTIFICATE OF MAILING -NOS CODE -1020 • CI } A} k IDA VIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PH # 814756 DEFENDANT SERVICE TEAM/ spl JEREMY E. HOOVER COURT NO.: 13.2890 -CIVIL KIMBERLY S. HOOVER SERVE KIMBERLY S. HOOVER AT: 2 HELM COURT NEW VILLE, PA 17241-9136 ****PLEASE POST THE PROPERTY*** ***Please rush and post by 11/3/2014*** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/03/2014 SERVED Served and made known to KIMBERLY S. HOOVER, Defendant on the (St day of ;NO JaM.ti-oe., 20 , at 41, o'clock A_ M., at 2 HEIM COURT, NEWVILLE, PA 17241-9136, in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX- Other POSTED THE PROPERTY Description: Age Height Weight Race Sex Other Ronald Moll a competent adult, hereby verify that I personally posted the property with 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 tofunswom falsification to authorities. DATE: _r I II NAME: PRINTED NAME: . , TITLE: _,.. ProccsC SO' » Ronald NOT SERVED On the day of20 at o'clock _ M., state that Defendant NW' FOUND because: _ Vacant _ Does Not Exist _ No Answer on a competent adult hereby Moved Dae* Not Reside (Not Vacant) tit ._ _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: 5 AFFIDAVIT OF SERVICE,, PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT JEREMY E. HOOVER KIMBERLY S. HOOVER SERVE JEREMY E. HOOVER AT: 2 HEIM COURT NEWVILLE, PA 17241-9136 ****PLEASE POST THE PROPERTY*** ***Please rush and post by 11/3/2014*** SERVED PH IS 914756 SERVICE TEAM/ spl COURT NO.: 13.2890 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/03/2014 Ser.'vcd'.4nd nta(16 lrnoVYn i`o: JEREMY 1?. HQOVER, Defendant on the . !day of C2C q'clock. M., a2HEIMCOURT. ,NEWVILLE PA 17241-9136, inthe manner described :bclo _ llcfel'dQnt l)cr intilyqrv0, Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company: XX Other:. POSTED THE PR P1E RTTY L7efi6rij tion:' Age Race Sex Other t Pf Ce .�:+,t9�eadtiittetbyi verify that 1 personally posted the property with a true and conect copy of the Notice of Sheriff's 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 i d subject to the .pen lkieF of 18 Pa. Sec. 4904 relating to PPS v tirii fa ificatioin to authorities. OAT r 4 NAME: PRINTED TITLE:. NOT SERVED On the dayof 20 , at — o'clock _. M.,1, a competent adult hereby state that a endnt NOT -FOUND because: _ Vacant Does Not Exist Moved _.Does Not Reside (Not Vacant) _ No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: 11 1 1 USPS CERTIFIED MAILTM 1 II i 1 i II 9214 8969 0096 4000 1813 33 DWB / 814756 KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 1 7241-91 36 --fold here (regular) -- fold here (6x9) --fold here (regular) 1 11 1 1 USPS CERTIFIED MAILTM 111 1 0111 111 9214 8969 0096 4000 1813 26 DWB / 814756 JEREMY E. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM English Customer Service USPS Mobile USPS.COM1 Quick Tools USPS TrackingTM Ship a Package Send Mail Manage Your Mail Tracking Number: 9214896900964000181333 Updated Delivery Day: Tuesday, November 4, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail" DATE & TIME November 4, 2014 , 2:40 pm STATUS OF ITEM LOCATION Notice Left (No Authorized Recipient Available) CARLISLE, PA 17013 We attempted to deliver your item at 2:40 pm on November 4, 2014 in CARLISLE, PA 17013 and a notice was left because an authorized recipient was not available. You may arrange redelivery by visiting htlpiAvww.usps.com/redelivery or calling 800 -ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. 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November 4, 2014 , 8:55 am € Out for Delivery November 4, 2014 , 8:45 am Sorting Complete November 4, 2014 , 8:40 am Arrived at Unit November 4, 2014 , 4:35 am 4 Departed USPS Facility November 3, 2014 , 5:34 pm ( Arrived at USPS Facility November 3, 2014 , 3:40 am Departed USPS Facility November 2, 2014 , 3:42 pm Arrived at USPS Facility November 1, 2014 , 7:23 pm Departed USPS Origin Facility October 31, 2014 , 11:37 pm Arrived at USPS Origin Facility October 31, 2014 , 10:22 pm q Accepted at USPS On Sort Facility October 30, 2014 Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number CARLISLE, PA 17013 CARLISLE, PA 17013 CARLISLE, PA 17013 HARRISBURG, PA 17107 HARRISBURG, PA 17107 LANCASTER, PA 17604 LANCASTER, PA 17604 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Track It • Page 1 of 2 Register 1 Sign In Search USPS.com or Track Packages Subn Shop Business Solutions Customer Service Nave questions? We're here to help. 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We're here to help. xi,..x:...11K<V•Yuu r�c�wz* :.:� "::�,.. r ami..._.. ¢»...:sa...o xa .: »;�; c DATE & TIME STATUS OF ITEM r November 4, 2014 , 2:07 pm Notice Left (No Authorized Recipient Available) LOCATION CARLISLE, PA 17013 We attempted to deliver your item at 2:07 pm on November 4, 2014 in CARLISLE, PA 17013 and a notice was left because an authorized recipient was not available. You may arrange redelivery by visiting http://www.usps.com/redelivery or calling 800 -ASK -USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. November 4, 2014 , 8:55 am November 4, 2014 , 8:45 am November 4, 2014 , 8:40 am November 4, 2014 , 4:35 am November 3, 2014 , 5:34 pm November 3, 2014 , 3:40 am November 2, 2014 , 3:30 pm November 1, 2014 , 5:54 am October 31, 2014 , 11:37 pm October 31, 2014 , 10:22 pm October 30, 2014 Out for Delivery Sorting Complete Arrived at Unit Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived al USPS Facility Departed USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number CARLISLE, PA 17013 CARLISLE, PA 17013 CARLISLE, PA 17013 HARRISBURG, PA 17107 HARRISBURG, PA 17107 LANCASTER, PA 17604 LANCASTER, PA 17604 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Available Actions Return Receipt Electronic Text Updates Email Updates https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000181326 11 /12/2014 USPS.com® - USPS TrackingTM Page 2 of 2 LEGAL Privacy Policy Terms of Use > FOIA No FEAR Acl EEO Data ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Government Services > About USPS Home . 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