HomeMy WebLinkAbout13-3967 ' Supreme Court-.of ennsylvania
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Cour of Common Pleas ForProtlronota Use On!
C vil�C�6&, For ry y j �
Cu MBERANDd County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: JANA G. BURDGE
T
I Are money damages requested? Yes 0 No
Dollar Amount Requested: El within arbitration limits
❑
0 (Check one) Z outside arbitration limits
N Is this a Class Action Suit? ❑ Yes (9 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of PlaintifflAppellant's Attorney: Allison F Zuckerman Esq. , Id. No.309519, 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
$ ❑ 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:
❑ Other:
❑ Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 011011201
R''.' '
CUMBERLAND COUNIF-11'
Pc"P NIA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Allison F. Zuckerman, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
vs.
JANA G. BURDGE
LOT 2 HICKORY LANE
A /K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257 -9494
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257 -9494
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:
0
062 -PA -V3
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, JANA G. BURDGE and GLENN E. BURDGE, are individuals
whose last known address are LOT 2 HICKORY LANE A /K/A, 204 HICKORY LANE,
SHIPPENSBURG, PA 17257 -9494.
3. A Lost Note Affidavit has been executed in relation to the Note at issue, in which
it is provided that the Note has not been "...pledged, assigned, transferred, hypothecated or
otherwise disposed of..." A copy of the Lost Note Affidavit is attached hereto and incorporated
herein as Exhibit "A."
4. On or about October 1, 1992, JANA G. BURDGE and GLENN E. BURDGE
made, executed and delivered to BANK UNITED OF TEXAS FSB a Mortgage in the original
principal amount of $90,250.00 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 Book 1092, Page 667. 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 April 25,
2005, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 716, Page 4862. 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. JANA G. BURDGE and GLENN E. BURDGE are record and real owners of the
aforesaid mortgaged premises.
062-PA-V3
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 May 1, 2012.
8. As of 06/18/2013 the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 109,134.50
Interest
04/01/2012 Through 06/18/2013 $ 7,282.36
Late Charges $ 283.85
Property Inspections $ 65.00
Escrow Deficit $ 1,603.52
Suspense Balance ($400.97)
TOTAL $ 117,968.26
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above - captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish
such liability.
062 -PA -V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $ 117,968.26 with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
l By: I l e)
Date: ison F. Zu k n, Esq., Id. No.309519
Attorney for 1 ' tiff
062 -PA -V3
Exhibit "A"
LOST NOTE AFFIDAVIT
PERSONALLY appeared before me, `William C. Barbeau (the "Affiant "),
who, upon being duly sworn, states on his/her oath as follows:
1. Affiant is a Vice President Loan Documentation employed by WELLS FARGO
BANK, N.A. ( "Wells Fargo "), Servieer in the above - captioned matter.
2. I am authorized to make this Affidavit on behalf of WELLS FARGO. In the
regular performance of my job functions, I am familiar with business records maintained by
Wells Fargo for the purpose of servicing mortgage loans and I have personal knowledge of the
operation of and the circumstances surrounding the preparation, maintenance, and retrieval of
records in Wells Fargo's record keeping systems. These records (which include data
compilations, electronically imaged documents, and others) are made at or near the time by, or
from information provided by, persons with knowledge of the activity and transactions reflected
in such records, and are kept in the course of business activity conducted regularly by Wells
Fargo. It is the regular practice of Wells Fargo's mortgage servicing business to make these
records. I have personal knowledge of all facts set forth in this affidavit.
3. On OCTOBER 01, 1992, GLENN E. BURDGE AND JANA G. BURDGE
executed and delivered to BANK UNITED OF TEXAS FSB a certain Note. The Note was
secured by a MORTGAGE executed by GLENN E. BURDGE AND JANA G. BURDGE,
MARRIED, the record owner(s) of the property located at LOT 2 HICKORY LANE,
SHIPPENSBUR, PA 17257, dated OCTOBER 01, 1992, and recorded on OCTOBER 05,
1992 in CUMBERLAND COUNTY, PENNSYLVANIA in or as BOOK 1092 PAGE 667.
4. The subject note has been inadvertently lost, misplaced or destroyed. Affiant
states that WELLS FARGO has not pledged, assigned, transferred, hypothecated or otherwise
disposed of the note.
S. WELLS FARGO BANK, N.A. has made a diligent and extensive search of its
records in a good faith effort to discover the lost note in accordance with its procedures for
locating the lost note, without success.
a. The following areas were searched for the lost note:
006- NTL -V1
i. Reviewed origination file
ii. Checked internal Wells Fargo vault
iii. Checked with Custodian
iv. Checked box storage records
V. Checked with current and /or prior attorney
6. A copy of subject Note is attached as Exhibit "A." This copy is a true, correct and
substantial copy of the lost or destroyed Note.
006- NTL -V1
FURTHER AFFIANT SAYETH NAUGHT.
WELL BANK, N.A.
Sign:
= �"lrt�
Name: ' William C. Barbeau
Vice President Loan Documentation
Date: �D�/L�122
TY ,
; ' Wiliam C.
On this � day of �Ul Q , 2012 before me appeared Barbeau
,
to me personally known, who being duly sworn did say that she/he is the Vice President loan Documentation
of WELLS FARGO BANK, N.A., a national banking association, and that said Lost Note Affidavit was
signed and sealed on behalf of such association defined in this document as Servicer and said association
acknowledged this instrument to be the free act and deed of said association.
a
Ito; ' DEREJE D. gADADA Notary Public,
cia NOTARY PUBLIC - MNNESOTA
, My Cammisslon Expires State of Minnesota
s Y ^" January 31, 2017
My Commission expires: 0l
006 -NTL -V 1
SEP -15 -2006 FR1 11:58 Ail{ FAX N0. P. 02/05
..._ ... ,.... .._... •
,r,.T.WS.:La,TD,CERTIFY THAT TH S t; C 4fi.d to be tl tftlA
1S A TRUE AND CORRECT C PY
OF THE ORIGINAL DOCUME WOTE •, , , or , J 1 1 ,
WELLS FARGO BANK, N.A. 99 '
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'ON Xv3 iJ� 85:11 i6d 900MI -ES
Exhibit "B"
LEGAL DESCRIPTION
ALL that certain tract of gound situate in Shippensburg Township, Cumberland County,
Pennsylvania, being improved with a single family dwelling house, and more particularly
bounded and described as follows:
BEGINNING at a point on the eastern edge of Hickory Lane at cornmon corner of Lot
No. 1, Section "N ", and Lot No. 2, Section "N ", as shown on Subdivision Plan for G & C
Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53
seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper
North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed
public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a
curve to the left having a radius of 3 5. 00 feet, a chord bearing of North 80 degrees 51 minutes 53
seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence
along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet
to a point, the point and place of BEGINNING.
BEING all of Lot No. 2, Section N', on Subdivision Plan for G & C Associates dated
August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60.
PROPERTY ADDRESS: LOT 2 HICKORY LANE A/K/A, 204 HICKORY LANE,
SHIPPENSBURG, PA 17257 -9494
PARCEL #36 -35- 2385 -116
File #: 322484
VERIFICATION
Denise Goldston, hereby states that he she is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he is authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best of hisI9 information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 07/05/2013
086 -PA -V2 File 4322484
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYI VAN-iA
Plaintiff(s)
vs.
JANA G. BURDGE -
�u
GLENN E. BURDGE �a 7 ::
Defendant(s) ' Civil r
NOTICE OF RESIDENTIAL MORTGAGE FORECLQSV-
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date lison 7F,Zuck e an, Esq., Id. No.309519
Attorneintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
State: Zip:
City:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATION FINANCIAL
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
Mort a e 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: Counselor:
Counseling Agency:
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 Uwe am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
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 #: 322484
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson !-I,ff ` r., ..
Sheri " r a- _ jx
011,
oz
Jody S Smith 2013 JUL
4M 10:
Chief Deputy '.
Q
Richard W Stewart CUMBERLAND COUNTy
Solicitor ��r�r cE '���`���-�"�
PENNS YLVA?41A
Wells Fargo Bank, N.A.
Case Number
VS.
Jana G Burdge (et al.) 2013-3967
SHERIFF'S RETURN OF SERVICE
07/1212013 07:56 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Jana Burdge, Wife,who accepted as"Adult
Person in Charge"for Glenn E Burdge at Lot 2 Hickory Lane a/k/a 204 Hickory Lane, Shippensburg
Township, Shippensburg, PA 17257.
JA,e0N KINSLER, DEPUTY
07/12/2013 07:56 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jana G
Burdge at Lot 2 Hickory Lane a/k/a 204 Hickory Lane, Shippensburg Township, Shippensburg, PA 17257.
4- ,- - -/q
JASON KINSLER, DEPUTY
SHERIFF COST: $66.60 SO ANSWERS,
July 15, 2013 RONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
PHELAN HALLINAN, LLP ' " d '°
Joseph P. Schalk, Esq., Id. No. 91656 '11-:'" -14 f.m ._3 Attorney for Plaintiff
126 Locust Street
Harrisburg,PA 17101 1 U ' i L AND COUNTY
215-563-7000 t +�15YLV;;1(,
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 13-3967-CIVIL
JANE G. BURDGE Cumberland County
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG,PA 17257-9494
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A. (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 July 11, 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 May 1, 2012, and each month thereafter. A true and correct copy of the Complaint
is attached hereto, made part hereof and marked as Exhibit "A".
2. On July 12, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service
is attached hereto, made part hereof and marked as Exhibit"B".
816242
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 have 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 HA LINAN, L
Date: 1( I� 3 BY: ,�� I , / !.:
ose.h A Schalk, Esquire
Att.,ney for Plaintiff
816242
Exhibit "A"
—r,
MCDrel
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ul 71,
PHELAN HALL1NAN,LLP ATTORNEY FOR PLAINTIFF
Allison F. Zuckerman,Esq.,Id,No.309519
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,NA.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 6*-1/11
Plaintiff,
vs.
JANA G. BURDGE
LOT 2 HICKORY LANE
AJKJA 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/KJA 204 HICKORY LANE
SHIPPENSBURG,PA 17257-9494
Defendants,
CIVIL ACTION— COMPLAINT IN MORTQAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Fltillinan,LLP
and files this Complaint in Mortv nte Foreclosure as follows:
it*
• We "
vile WO
tsetibe 7c4 .and.
Await! ,
41+ *0 01 110
co *
062-1)A-V3
.�°.,°~°
' . .
NOTICE
You have been sued in Court. If you wish to defend against |hec\ai/num1[ortbiutho
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 farther 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 SHOULI.) 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
LEGAI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
R£PGRRAl.
CUMBERJAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
ny« n» ;
• -
1, The Plaintiff is WELLS FARGO BANK, N.A., 3476 l'FVTLW
BOULEVARD, FORT N411,1,, SC 29715 (hereinafter "plaintiff').
2, The Defendants, JANA U, BURDGE and GLENN F, BURDGE, are individuals
whose last known address are LOT 2 HICKORY LANE AlKIA, 204 HICKORY LANE,
SHIPPENSBURG, PA 17257-9494.
3, A Lost Note Affidavit has been executed in relation to the Note at issue, in which
it is provided that the Note has not been "..,pledged, assigned, transferred, hypothecated or
otherwise disposed of„," A copy of the Lost Note. Affidavit is attached hereto and incorporated
herein as Exhibit "A."
4. On or about October 1, 1992, JANA G. BURDGE and GLENN E, BURDGE
made, executed and delivered to BANK UNITED OF TEXAS FSB a Mortgage in the original
principal amount of $90,250,00 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 Book 1092, Page 667, 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 April 25,
2005, the mortgage was assigned to WELLS FARGO BANK, N,A, which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 716, Page 4862. The
Assignment is a matter of public record and is incorporated herein by reference in accordance
with Part 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. JANA G, BURDGE and GLENN IL BURDGE arc record and real owners of the
aforesaid mortgaged premises.
062,PA-V3
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 May 1, 2012.
8. As of 06/18/2013 the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance 8 109,134.50
Interest
04/01/2012 Through 06/18/2013 $ 7,282.36
Late Charges $283.85
Property Inspections 8 65.00
Escrow Deficit $ 1,603.52
Suspense Balance (8 400.97)
TOTAL $ 117,968.26
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 Plaintitr 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 or Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not. seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062,
'Vi
_~�°~^~�^ �. ~_~~.^~~-.-~~ ~
. .
9/E IiD8TDBE, Plaintiff demands un In rem judgment in mortgage threelosure for the
amount due ot'$ 117,968,26 with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for Ibreclosure and sale of the
mortgaged premises,
\ By�V\^
|]ute./ � \ \ ` F 2u on, l�aq., Id. 7�o.3095l9
/] \ Attorney /7
.
Od2'P8'Y3
Exhibit " A"
LOST NOTE AFFIDAVIT
PERSONALLY appeared before me, illiarn C. Barbeau
(the "Affiant"),
„
who,upon being duly sworn,slates on his/her oath as follows:
1. Alliant is a Vice President Loan Documentation employed by WELLS FARGO
BANK, N.A. ("Wells Fargo"),Servicer in the above-captioned matter.
2. I am authorized to make this Affidavit on behalf of WELLS FARGO. In the
regular performance of my job functions, I am familiar with business records maintained by
Wells Fargo for the purpose of servicing mortgage loans and I have personal knowledge of the
operation of and the circumstances surrounding the preparation, maintenance, and retrieval of
records in Wells Fargo's record keeping systems. These records (which include data
compilations, electronically imaged documents,and others) are made at or near the time by, or
from information provided by, persons with knowledge of the activity and transactions reflected
in such records, and are kept in the course of business activity conducted regularly by Wells
Fargo, It is the regular practice of Wells Fargo's mortgage servicing business to make these
records. I have personal knowledge of all facts set forth in this affidavit.
3. On OCTOBER 01,1992, GLENN E. BURDGE ANI)JANA G. BURDGE
executed and delivered to BANK UNITED OF TEXAS FSB a certain Note, The Note was
secured by a MORTGAGE executed by GLENN E. BURDGE AND JANA G. BURDGE,
MARRIED, the record owner(s)of the property located at LOT 2 HICKORY LANE,
SHIPPENSBUR, PA 17257, dated OCTOBER 01, 1992, and recorded on OCTOBER 05,
1992 in CUMBERLAND COUNTY,PENNSYLVANIA in or as BOOK 1092 PAGE 667,
4. The subject note has been inadvertently lost, misplaced or destroyed. Affiatu
states that WELLS FARGO has not pledged, assigned, transferred, hypothecated or otherwise
disposed of the note.
5, WELLS FARGO BANK,N.A.has made a diligent and extensive search of its
records in a good faith effort to discover the lost note in accordance with its procedures for
locating the lost note, without success.
a, The following areas were searched for the lost note:
006-NTL-V1
i. Reviewed origination file
ii. Checked internal Wells Fargo vault
iii. Checked with Custodian
iv. Checked box storage records
v. Checked with current and/or prior attorney
6, A copy of subject Note is attached as Exhibit"A ' This copy is a true,correct and
substantial copy of the lost or destroyed Note.
006-NTL Vi
FURTHER AFFIANT SAYETI I NAUGHT
WELLS FARGO BANK, NSA,
Name: WiIIiam C. Barbeau
Vice President Loan Documentation
,/,‘)//11/.4.--
,,Y/41
On thi '
s(/ day of (fdP 2012,before me appeared William C. Barbeau
to me personally knoN,vii, who being duly sworn did say that she/he is the Vice President Loan Documentation
of WELLS FARGO BANK, N.A.,a national banking association, and that said Lost Note Affidavit was
signed and sealed on behalf of such association defined in this document as Servicer and said association
acknowledged this instrument to be the free act and deed of said association,
' )
's/w•A'°."'4' DADA
OEREJE D. SA —/p-?-"at
Notary Public,
Norm PLJELIC•hil4N.N17„SCA,
CommItisIgn Ext)lroo Slate of Minnesota
1,14,/,-;-4194fp January 31,201
My Commission expires: (21 3 1
006-NTLV1
SEP-15-2006 FR1 11156 AI FAX NO P. 02/05
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ill this Note,'!'hot Futurity Inyinlnrent clesc:4110K hn,v oat F*F.•I who! };tt14V irony be retiuisec I i onthe iottnetliaie 4rtylneei .4
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Exhibit ` B "
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LEGAL DESCRIPTION
AL1.. that certain tract ofQnoodsituate in Shippensburg Township, Cumberland County,
Pcooxy\vunio, being improved with a single fiuily dwelling house, and more particularly
bounded and described as follows:
BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot
No. l` Section'N", and Lot No. 2, Sction'EN", as shown on Subdivision Plan for 0&C
Associates dated August 20. 1991;thence along Lot No. l South 35 degrees 51 minutes 53
seconds East 150.00 feet to a point;ihence a!ong other lands now or formerly of Galcn S. Asper
North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed
public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a
curve to the |c/(having o radius ofJ5.00 feet, a chord bearing ofNorth 80 degrees 51 minutes 53
seconds East, an arc distance of 54,98 feet to a point on the eastern edge of Hickory Lane;thence
along the eastern edge ofHickory Lane South 54 degrees 08 minutes 07 seconds West 76,80 feet
to a point, the point and place of BEGINNING.
BEING all of Lot No. 2, Section'N', on Subdivision Plan for G &C Associates dated
August 20, 1991 and recorded in Cumberland County Plan Book 64,Page 60.
PROPERTY ADDRESS: LOT 2 HICKORY LANE A/K6A,2O4HICKORY LANE,
SHIPPENS]0D2lG,rA 17257-9494
PARCEL#36-35-2385-116
it;t„tt: 322t84
VERIFICATION
Denise Goldston,hereby states that he iris Vice President Loan Documentation
of WELLS FARGO BANK,N.A., plaintiff in this matter, that he/Cis 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 hiss information and belief
The undersigned understands that this statement is made subject to the penalties of 18 Pa,
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, NA,
Date: 07/05/2013
086-PA-V2 Fife#322484
FORM 1
IN IfiE COURT Or COMMON PLEAS
FARO()13ANK, N,A, OF(.3.1MT3ERLAND COLTNTY, PENNSYLVANIA
Plaintiff(s)
vs,
JANA 0, BLIRDGE
GLENN E. BURDGE
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home,
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference M.an effort to resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to tic eligible for a eutielliution conlerence.
First,within twenty(20)days of your receipt of this notice,you must contact Midl'enn Legal Services at(717)213-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of it legal representative at no charge to you,
°11X yo ti haVc !teen appithlt("d a Leval reprisclouti ye,you mum promptly meet with that legal representative within
-twenty(20)days.oil'the appoiniment dote, 1)111in.that MVO log,you must provide the legal representative with tIll
requested tinaticial information No that a U Oil resolution proposal can be prcp; ,...i On your behalf, If you and your legal
r&procollnivv. complete II rinancitil worksheet III the Format attached hereto,the legal representative will prepare and IL
Request tiw Coneiliat ion (.`„ourecence with the Court, which nuts(be filed with the Court within sixty(60)days of the
!orviee/pal Vitt of the t'oreclosure CotOI)ldittL I you(lo and a conciliation conference is scheduled,you will have an
opportunity to moo,with a I vptvwilttitivv(tryout-lender in an attempt to work out reasonable arrangements with your
lender beim e the I tallTgalt,e ttaVkAi.WIIV Stitt prov•itt:^ik 16rwar(1,
If you are represented by a lawyer,you and your lawyer must lake au,foilowtm:step s.to be eligible for
conciliation confereace, It is not nceessary for you to contact Midi Legal Set viCe r(..tr the apponamcnt a a legal
t'cpI'e'cl1tat ' I lowever, YOU 1111 't pftok,tat: lawyer with all requemed financial itdormation go that a 11..11.1111cNolto ion
proposill can he poc:TaroLl On your bchalr II' on and your Utw,!0,,r compktv 1 1111(111CW WialiStICei 111 the format attached
tioreto,your iasykl 14111 prtImru and if&' RctitICS1 tot Gt.titCtIttittit11 OtlAT0111.. Court,which most be tiled
within,,asiy(O0) it the Nervicc upon von ii I k rorcdrotre complaitit. If you di so and a conciliation conference is
scheduled,YOU will have an opportunity to.rocet with a representative of your lender in on attempt to work ont reasonable
arguments with your lender belbre 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:
/-2
"Ittekcjxlari, Esq., Id.No.309519
Attorney foryKrniff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
1)ate
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:
CUSTOMER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes Li No Li Listing date: $
Realtor Name: Reaitor Phone
Borrower Occupied? Yes J No 0
Mailing Address(if different):
City: State: Zip
Phone Numbers: Horne: Office.
Cell: Other:
Email:
/I of people in household: flow long?
CO-RORROW ER
Mailing Address:
City:
Phone Numbers: Home: Office:
Cell; Other:
Email:
of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
fype of 1,oan: — —
loan Number: Date You Closed Your loan:
Second Mortgage ender,
Type of Loan:
Loan Number:
lotal Mortgage Payments Amount'. $ Included Taxes& Insurance:
Date of Last Payment:
Primary Reason for Default
Is the loan in Dan Yes Ej No Cl
If}es, provide names, location of court, ease number&attorney:
______
Assets Amount Owed,
/tome:
Other Real Ils/um:
Retirement Funds;
Investments:
Checking:
Savings:
Other:
Automobile Model: Year:__
Amount owed: Value:
Automobile. 1/2: Model:____
Amount owed Value:
()the' transppriation --- -- '---'---
Year Value �_
Monthly income
Name or Employers:
____________________Monthly Gross Monthly Net
________
2, Monthly Gross onthly Nur______
J.__�_ _ ,Monthly Gross &400/Ny Net
____ ___
Additional Income i)eseription(not wages):
monthly mnount: _________
2, uuwtNy amount:
__ ___
Ummwe,Pay Days: Co-Borrower Pay Days:
_ ____
Monthly Expenses: (Please only include expenses you are currently paying)
'EPENSE AMOUNT EXPENSE AMOUNT
Mortgage_ Food
Auto Insurance Med: (not covered)
Auto ruel/repairs Other prop. payment
Install:Loan Payment Cable TV
Child Support/Alim. Spending Money
L)ay/Child CarelTuit, Other Expenses
Amount Available. for Monthly Mortgage Payments I3us*d on Income &Exyonsos:
Have you been working with x8wuuing Counseling Agency?
Ymrj NO Li
i[y*a. please provide the D//iowiugiot .nnubon:
Counseling Ali,e^uy: Counselor,
Phone(Office), Fax:
=~=
. '
Have you made application for Homeowners Bm*rgcncy Mortgage Ass iomnce Program(HlilvtAP)
assistance?
Yes Nn Fl
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 El
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(0mnu):_ Phone: _ ____
Servicing Company(Name):
Contact� Phone:
AUTIIORIZATION
I/We, , authorize the above named
to use/refer this infmo6nn to my teiidcr/servicei lbr the sole purpose of evaluating my
financial situation for possible mortgage oplions KWn understand thin Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this docucnoot 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 lust 45 days
4. Copy of a current utility bill
S. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6, Listing agreement (if property is currently on the market)
•
Exhibit "B"
.,, 9..., ,w„a ,.,.,, ,;._ ,.,,. ,. w, ,,,, 4-wa^to.'s z .._.k„.,.,a t,iiit u. ,,,2,,..,�W ......,... ,..,.,,,.. ', 4
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody Smith ,, �444
Chief Deputy
Richard W Stewart
Solicitor; •;c .KE:.,,,44.,a4
Wells Fargo Bank, N.A. Case Number
vs.
Jana G Burdge(et al.) 2013-3967
SHERIFF'S RETURN OF SERVICE
07/12/2013 07:56 PM-Deputy Jason Kinsier, 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 Jana Burdge,Wife,who accepted as"Adult
Person in Charge"for Glenn E Burdge at Lot 2 Hickory Lane a/kta 204 Hickory Lane, Shippensburg
Township, Shippensburg, PA 17257,
A al"r-7 _ ---/
,i KINSLER, DEPUTY I
07/12(2013 07:56 PM-Deputy Jason Klnsier,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:Jana G
Burdge at Lot 2 Hickory Lane a/k/a 204 Hickory Lane, Shippensburg Township, Shippensburg, PA 17257.
JASON KINSLER,DEPUTY
SHERIFF COST: $66.60 SO ANSWERS,
Kite • ._.
July 15,2013 RoNNY R ANDERSON, SHERIFF
1
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t&C a-ps,....5 ,t4 .....;4;rs a
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 13-3967-CIVIL
JANE G. BURDGE Cumberland County
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
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:
JANE G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
Ae
Date: l It I/ 3 By: A
/ its
os:I,h , Schalk, Esquire
Atte ey for Plaintiff
816242
,i
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
v. No. 13-3967-CIVIL
JANE G. BURDGE Cumberland County
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494 c,
3 w
GLENN E. BURDGE
Q �'f'V
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE -<> -�-�
SHIPPENSBURG, PA 17257-9494 c Mlo -71
D c-) Mit
G 5C)
Defendants A e9 -4r"
-4 X".
ORDER
AND NOW, this 6141 day of kh eiatT , 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 T. COURT:
J.
cc : "J a G. Burdge
✓ lenn E. Burdge
seph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
816242 OCT I,E.. MaiLcL,
"/// -
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JANE G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG,PA 17257-9494
816242
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A.
vs.
JANA G. BURDGE
GLENN E. BURDGE
OF THE PRO ROTHONOTAf;.,
2014 SEP 29 .1110: 2Ottorney for Plaintiff
CUMBERLAND COUNTY
PENNS YLVANIA
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -3967 -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) JANA G. BURDGE and GLENN E. BURDGE are not
in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant JANA G. BURDGE is over 18 years of age and resides at LOT
2 HICKORY LANE, A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494.
(c) that defendant GLENN E. BURDGE is over 18 years of age and resides at
LOT 2 HICKORY LANE, A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 112.
/19'
PheHallinan, LLP
Jonathan Lobb, Esq., Id. No.31.2174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
816242
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: BURDGE
First Name: GLENN
Middle Name: E
Active Duty Status As Of: Sep -26-2014
Results as of : Sep -26-2014 12:46:30 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA ."2- '.' •
• — — No- %
NA
This response reflects the'indivlduals' 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 —
L
i No - '
- .
I.' _ . E
NA
1]� 4
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 indivtdual or his/her unit has received early notification to Yeport 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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center
Sta s Report
t to Seev cememb Civil. l .el of Act
Last Name: BURDGE
First Name: JANA
Middle Name: G
Active Duty Status As Of: Sep -26-2014
Results as oF: Sep -26-2014 12:46:28 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
_. '•-Nom - _ ..
NA
,,,n /d als'.= r .
This response refleel5lhe IntlNfduals' active duty status based on the Active Duly 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
t
iiI -.,_t NA '- .r"
_. '•-Nom - _ ..
NA
This response reflects where. the individual teft'activadtity ststu's within 367 Gays preceding the Active Duty Status Date
��ir� til
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duly on Active Duty Status Dale
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
' NA .\S. \ 1 j'r,, ~
.. : No$.7 ., 1
NA
This response reflects whether the indroldual orhislher unit has rec lved early natffcation 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 UniformedServices (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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
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.
vs.
JANA G. BURDGE
GLENN E. BURDGE
FILED -OF
a" THE PROTI-COUOTAi.
2014 OCT -1 4!1!C: 17
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -3967 -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 JANA G. BURDGE and
GLENN E. BURDGE, 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 $117,968.26
TOTAL
$117,968.26
I hereby certify that (1) the Defendants' last known address is LOT 2 HICKORY LANE,
A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494, and (2) that notice has been
given in accordance with Rule Pa.R.C.P 237.1.
Date ei/30/7
Adam H. Davis, Esq., Id. No.203034
Attorney N.Plain
DAMAGES ARE EREBY ASSESSED AS INDICATED.
DATE: 1 0 i iq
PH # 816242
PROTHONOTARY
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.
vs.
JANA G. BURDGE
GLENN E. BURDGE : No. 13 -3967 -CIVIL
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
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) JANA G. BURDGE and GLENN E. BURDGE are not
in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant JANA G. BURDGE is over 18 years of age and resides at LOT
2 HICKORY LANE, A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494.
(c) that defendant GLENN E. BURDGE is over 18 years of age and resides at
LOT 2 HICKORY LANE, A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date ?/70//e7t
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
816242
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemernbers Civil Relief Act
Last Name: BURDGE
First Name: GLENN
Middle Name: E
Active Duty Status As Of: Sep -30-2014
Results as of : Sep -30-2014 12:15:26 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
...-
t. NA ... .77--
No 'ii.
NA
This response reflects the active duty status based on the ActiveDt;ty 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
...-
t. NA ... .77--
.
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 Dale
Order Notification End Date
Status
Service Component
NA
...
' NA '1, '
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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center
Status Report
Pursuant to Sery cemem s Civil Relief Act
Last Name: BURDGE
First Name: JANA
Middle Name: G
Active Duty Status As Of: Sep -30-2014
Results as of : Sep -30-2014 12:15:25 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA.," ' '` .
N0' <
NA
This response reflects the individuals' active du$ 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
t „NA .
No;a
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 indWtduat 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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
WELLS FARGO BANK, N.A.
v.
JANA G. BURDGE
GLENN E. BURDGE
Plaintiff
Defendant(s)
TO: JANA G. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SH1PPENSBURG,, PA 17257-9494
DATE OF NOTICE: m:i I _ �.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -3967 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OH -ER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 816242
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
By:
Michael Dingcrdissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
JANA G. BURDGE NO. 13 -3967 -CIVIL
GLENN E. BURDGE
Defendant(s) CUMBERLAND COUNTY
TO: GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
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
AI I'EMPT 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 A1-1 ORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
AC:1 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 Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 816242
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
M'icl1 Dingerdissen Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK, N.A.
vs.
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
JANA G. BURDGE
GLENN E. BURDGE : CIVIL DIVISION
against you on
: No. 13 -3967 -CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
lb 11 11
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
816242
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Wells Fargo Bank, N.A. : COURT OF COMMON PLEAS
Plaintiff
V.
Jana G. Burdge
Glenn E. Burdge
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:,
Amount Due
: CIVIL DIVISION
: NO.: 13 -3967 -CIVIL
: CUMBERLAND COUNTY
$117,968.26
Interest from 10/02/2014 to Date of Sale $2,986.06
($19.39 per diem)
TOTAL $120,954.32
Note: Please attach description of property.
PH # 816242
odiAl OF 570 a
(4, b
ICD.So""
a#/q/d at 9
3116P7
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
C-)
rr'
CDcP
CD -11
A.c;00,1
4
LEGAL DESCRIPTION
ALL that certain tract of gound situate in Shippensburg Township, Cumberland County,
Pennsylvania, being improved with a single family dwelling house, and more particularly
bounded and described as follows:
BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot
No. 1, Section 'N', and Lot No. 2, Section 'N', as shown on Subdivision Plan for G & C
Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53
seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper
North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed
public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a
curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53
seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence
along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet
to a point, the point and place of BEGINNING.
BEING all of Lot No. 2, Section 'N', on Subdivision Plan for G & C Associates dated
August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60.
CONTAINING 0.3790 acres, more or less.
SUBJECT to conditions, restrictions, covenants, easements and rights-of-way of record
including the following specific deed restrictions listed Nos. 1-13 inclusive, and subject to a ten
(10) feet wide easement extending along all lot lines for utilities and drainage easements.
RESTRICTIONS
1. No lot shall be used, except for residential purposes, and no buildings shall be erected,
altered, placed or permitted to remain on any lot other than one (1) detached, one or two family
dwelling house, not to exceed two and one-half (2-1/2) stories in height, and a private garage not
larger than necessary to accommodate two (2) passenger automobiles.
2. The minimum square footage of any dwelling house shall be twelve hundred (1200)
square feet of habitable floor area. 'Habitable floor area' means the sum of the gross horizontal
interior areas of all rooms used for habitation; it excludes garages, basements, attics and
unheated rooms such as enclosed porches. The cost of any such dwelling house shall not be less
than thirty thousand ($30,000.00) Dollars based upon 1978 construction costs, excluding the
costs of the lot.
3. No building, part of a building, a porch or other structure shall be built on any lot
closer to the center of any public road or highway than fifty (50) feet.
4. No building, part of a building, porch or other structure shall be built on any lot nearer
than fifteen (15) feet to an interior lot line.
5. There is reserved for the benefit of each lot an easement and right of passage along the
rear and side lot lines for installation and maintenance of electric, telephone, gas, water, sewer
and other utility lines.
6. No sign of any kind shall be displayed to the public view on any lot, except that on any
lot one professional sign not larger than one (1) foot square in size may be erected or displayed,
and should the property be for sale or for rent, one sign of not more than two (2) feet square in
size may be erected and displayed, advertising that the property is for sale or rent, that this
restriction shall not be construed to prevent the erection and display of signs used by a builder to
advertise the property during construction and sales.
7. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot,
except that dogs, cats or other household pets may be kept, provided they are not kept, bred or
maintained for any commercial purpose.
8. No lot shall be used for a dumping ground for rubbish, and no trash, garbage or waste
material shall be kept upon the lot except temporarily and in sanitary containers, and all
incinerators or other equipment for the storage and disposal of such material shall be kept in a
clean and sanitary condition. All lawns shall be kept mowed and weeds cut to a height of not
more than eight (8) inches.
9. No fence or any structure or similar structure shall be permitted in the front yard of any
lot or the side yard of any lot closer to the center of any public roads or highways than fifty (50)
feet. No hedges or other plantings over two (2) feet in height shall be permitted on any front yard
or in any side yard closer to the center of any public road or highway than fifty (50) feet.
10. No trailers or mobile homes or double -wide trailer units shall be permitted on this lot.
11. No abandoned vehicles such as cars or trucks or tractors shall be permitted on this lot
unless kept enclosed in the garage.
12. No trucks or tractor trailers or tractors or trailers of over one (1) ton capacity shall be
permitted on any lot or on public roads or highways within the subdivision at any time except for
loading, unloading and deliveries.
13. The exterior of the dwelling house and garage to be built or erected on this lot shall
be of stone, brick, clapboard or aluminum siding or a combination thereof, concrete or cinder
block, permastone, shingle or similar type of material shall not be used with the exception of
concrete block which shall be used for foundation walls only and shall not extend above grade
unless covered with stone, brick, clapboard or aluminum siding or any combination thereof.
TITLE TO SAID PREMISES IS VESTED IN Glenn E. Burdge and Jane G. Burdge, h/w, by
Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney in fact, John
McCrea, III, by Virtue of Power of Attorney recorded August 28, 1985 in Cumberland County
Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated
10/01/1992, recorded 10/05/1992 in Book X 35, Page 612.
PREMISES BEING: Lot 2 Hickory Lane, a/k/a 204 Hickory Lane, Shippensburg, PA 17257-9494
PARCEL NO. 36-35-2385-116
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.
Jana G. Burdge
Glenn E. Burdge
Defendant(s)
-ILED-OI:F C.:
jr THE PROTHONOTI,i-.
2014 OCT -i At' IC:
CUMBERLAND COUNTY
PENNS YLVANIA
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 13 -3967 -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:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Wells Fargo Bank, N.A.
Plaintiff
V.
Jana G. Burdge
Glenn E. Burdge
Defendant(s) CUMBERLAND COUNTY
IF THE PROMO!
CUPIRERt_i:0,!O
p ',;;NS b��Yi;r
ff LI`.le.a � LL:f-i1i
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -3967 -CIVIL
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 Lot 2 Hickory Lane, a/k/a 204 Hickory
Lane, Shippensburg, PA 17257-9494.
Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Jana G. Burdge Lot 2 Hickory Lane, a/k/a 204 Hickory Lane,
Shippensburg, PA 17257-9494
Glenn E. Burdge Lot 2 Hickory Lane, a/k/a 204 Hickory Lane,
Shippensburg, PA 17257-9494
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Jana G. Burdge Lot 2 Hickory Lane, a/k/a 204 Hickory Lane
Shippensburg, PA 17257-9494
Glenn E. Burdge Lot 2 Hickory Lane, a/k/a 204 Hickory Lane
Shippensburg, PA 17257-9494
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
Allfirst Bank
Allfirst Bank
Address (if address cannot be
reasonably ascertained, please indicate)
25 South Charles Street
Baltimore, MD 21201
P.O. Box 17292
Baltimore, MD 21203
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
PH # 816242
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
None.
Address (if address cannot be
reasonably ascertained, please indicate)
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
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)
Lot 2 Hickory Lane
a/k/a 204 Hickory Lane
Shippensburg, PA 17257-9494
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:
7A70//
PH # 816242
By: .&1-zo-1-2(
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
Wells Fargo Bank, N.A.
vs.
,
: COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
: NO.: 13 -3967 -CIVIL
Jana G. Burdge
Glenn E. Burdge : CUMBERLAND County
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Jana G. Burdge
Glenn E. Burdge
Lot 2 Hickory Lane, a/k/a 204 Hickory Lane
Shippensburg, PA 17257-9494
**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 Lot 2 Hickory Lane, a/k/a 204 Hickory Lane, Shippensburg, PA 17257-9494
is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,968.26 obtained by Wells
Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be
made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13 -3967 -CIVIL
Wells Fargo Bank, N.A.
v.
Jana G. Burdge
Glenn E. Burdge
owner(s) of property situate in SHIPPENSBURG TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
Lot 2 Hickory Lane, a/k/a 204 Hickory Lane, Shippensburg, PA 17257-9494
Parcel No. 36-35-2385-116
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $117,968.26
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL that certain tract of gound situate in Shippensburg Township, Cumberland County,
Pennsylvania, being improved with a single family dwelling house, and more particularly
bounded and described as follows:
BEGINNING at a point on the eastern edge of Hickory Lane at common corner of Lot
No. 1, Section 'N', and Lot No. 2, Section 'N', as shown on Subdivision Plan for G & C
Associates dated August 20, 1991; thence along Lot No. 1 South 35 degrees 51 minutes 53
seconds East 150.00 feet to a point; thence along other lands now or formerly of Galen S. Asper
North 54 degrees 08 minutes 07 seconds East 111.80 feet to a point; thence along a proposed
public street North 35 degrees 51 minutes 53 seconds West 115.00 feet to a point; thence by a
curve to the left having a radius of 35.00 feet, a chord bearing of North 80 degrees 51 minutes 53
seconds East, an arc distance of 54.98 feet to a point on the eastern edge of Hickory Lane; thence
along the eastern edge of Hickory Lane South 54 degrees 08 minutes 07 seconds West 76.80 feet
to a point, the point and place of BEGINNING.
BEING all of Lot No. 2, Section 'N', on Subdivision Plan for G & C Associates dated
August 20, 1991 and recorded in Cumberland County Plan Book 64, Page 60.
CONTAINING 0.3790 acres, more or less.
SUBJECT to conditions, restrictions, covenants, easements and rights-of-way of record
including the following specific deed restrictions listed Nos. 1-13 inclusive, and subject to a ten
(10) feet wide easement extending along all lot lines for utilities and drainage easements.
RESTRICTIONS
1. No lot shall be used, except for residential purposes, and no buildings shall be erected,
altered, placed or permitted to remain on any lot other than one (1) detached, one or two family
dwelling house, not to exceed two and one-half (2-1/2) stories in height, and a private garage not
larger than necessary to accommodate two (2) passenger automobiles.
2. The minimum square footage of any dwelling house shall be twelve hundred (1200)
square feet of habitable floor area. 'Habitable floor areameans the sum of the gross horizontal
interior areas of all rooms used for habitation; it excludes garages, basements, attics and
unheated rooms such as enclosed porches. The cost of any such dwelling house shall not be less
than thirty thousand ($30,000.00) Dollars based upon 1978 construction costs, excluding the
costs of the lot.
3. No building, part of a building, a porch or other structure shall be built on any lot
closer to the center of any public road or highway than fifty (50) feet.
4. No building, part of a building, porch or other structure shall be built on any lot nearer
than fifteen (15) feet to an interior lot line.
5. There is reserved for the benefit of each lot an easement and right of passage along the
rear and side lot lines for installation and maintenance of electric, telephone, gas, water, sewer
and other utility lines.
6. No sign of any kind shall be displayed to the public view on any lot, except that on any
lot one professional sign not larger than one (1) foot square in size may be erected or displayed,
and should the property be for sale or for rent, one sign of not more than two (2) feet square in
size may be erected and displayed, advertising that the property is for sale or rent, that this
restriction shall not be construed to prevent the erection and display of signs used by a builder to
advertise the property during construction and sales.
7. No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot,
except that dogs, cats or other household pets may be kept, provided they are not kept, bred or
maintained for any commercial purpose.
8. No lot shall be used for a dumping ground for rubbish, and no trash, garbage or waste
material shall be kept upon the lot except temporarily and in sanitary containers, and all
incinerators or other equipment for the storage and disposal of such material shall be kept in a
clean and sanitary condition. All lawns shall be kept mowed and weeds cut to a height of not
more than eight (8) inches.
9. No fence or any structure or similar structure shall be permitted in the front yard of any
lot or the side yard of any lot closer to the center of any public roads or highways than fifty (50)
feet. No hedges or other plantings over two (2) feet in height shall be permitted on any front yard
or in any side yard closer to the center of any public road or highway than fifty (50) feet.
10. No trailers or mobile homes or double -wide trailer units shall be permitted on this lot.
l l . No abandoned vehicles such as cars or trucks or tractors shall be permitted on this lot
unless kept enclosed in the garage.
12. No trucks or tractor trailers or tractors or trailers of over one (1) ton capacity shall be
permitted on any lot or on public roads or highways within the subdivision at any time except for
loading, unloading and deliveries.
13. The exterior of the dwelling house and garage to be built or erected on this lot shall
be of stone, brick, clapboard or aluminum siding or a combination thereof, concrete or cinder
block, permastone, shingle or similar type of material shall not be used with the exception of
concrete block which shall be used for foundation walls only and shall not extend above grade
unless covered with stone, brick, clapboard or aluminum siding or any combination thereof.
TITLE TO SAID PREMISES IS VESTED IN Glenn E. Burdge and Jane G. Burdge, h/w, by
Deed from Galen S. Asper and Jeannette A. Asper, his wife, by their attorney in fact, John
McCrea, III, by Virtue of Power of Attorney recorded August 28, 1.985 in Cumberland County
Miscellaneous Book 308, Page 669 and Martin Hurst and Mabel M. Hurst, h/w, dated
10/01/1.992, recorded 10/05/1992 in Book X 35, Page 612.
PREMISES BEING: Lot 2 Hickory Lane, a/k/a 204 Hickory Lane, Shippensburg, PA 17257-9494
PARCEL NO. 36-35-2385-116
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 13-3967 Civil Term
CIVIL ACTION — LAW
JANA G. BURDGE
GLENN E. BURDGE
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: $117,968.26 L.L.: $.50
Interest FROM 10/02/2014 TO DATE OF SALE ($19.39 PER DIEM) - $2,986.06
Atty's Comm: Due Prothy: $2.25
Atty Paid: $215.35 Other Costs:
Plaintiff Paid: • �GL�
Date: 10/1/2014 .�� J
David D. Bu 1, Prothonota
(Seal) f3?/lr
Deputy
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK, N.A.
DEFENDANT
JANA G. BURDGE
GLENN E. BURDGE
SERVE JANA G. BURDGE AT:
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
SERVED
PH # 816242
SERVICE TEAM/ Ixh
COURT NO.: 13 -3967 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 4, 2015
Served and made known to JANA G. BURDGE, Defendant on the 15+day of C Cf116 kA 20 14, at
o'clock p. M., at 2o4 14-I &y 144N g- , in the manner described below:
Defendant personally served. 51 lD pats Bab', PA-,
Adult family member th whom Defendant(s) reside(s).
Relationship is b
_ 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 e tD3 Height 51('' Weight PO Race. IA) Sex /Vt Other
Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct 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 is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: L 0 NAME:
Ronald Moll
PRINTED NAME:
Proccss Scrvcr
TITLE:
NOT SERVED
On the day of,20 , at o'clock _. M., I, , a competent adult hereby
state that Defendant NOT FOUND ecause:
_ Vacant — Does Not Exist Moved _ Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK, N.A.
DEFENDANT
JANA G. BURDGE
GLENN E. BURDGE
SERVE GLENN E. BURDGE AT:
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
PH # 816242
SERVICE TEAM/ Ixh
COURT NO.: 13 -3967 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 4, 2015
SERVED {�
Served and made known to GLENN E. BURDGE, Defendant on the 1S' day of 0CT)6 20 14 at
: co o'clock M. at ZO 4 (4-t C KOi(y l./j-N , in the manner described below:
✓ Defendant p sonally served. S 011450 1 80 42.61 PA-,
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 5.44 Height 5 W I ' Weight oZ70 Race W Sex AA Other
Ronald Moll , 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 to authorities. / D
DATE: (o f /�+ /i 4 NAME: CT1,d )'��`"'�C
PRINTED NAME: Ronald Moll
Proccss Server
TITLE:
NOT SERVED
On the day of , 20 , at o'clock . M., I, , a competent adult hereby
state that Defendant 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:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
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
FF.
WELLS FARGO BANK, N.A.
Plaintiff
v.
JANA G. BURDGE
GLENN E. BURDGE
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -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 July 11, 2013.
2. Judgment was entered on October 1, 2014 in the amount of $117,968.26. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on March 4, 2015.
816242
1
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through December 20, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Appraisal/Brokers Price Opinion
Escrow Deficit
$107,219.94
$14,558.15
$283.85
$2,850.00
$590.35
$135.00
$820.00
$5,914.44
TOTAL $132,371.73
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. Plaintiffs 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 November 24, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order for Plaintiffs Motion to Lift Conciliation Stay dated
November 6, 2013 .
816242
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: //////c
Phelan Hallinan, LLP
By: PteV.4-1 Y.."11
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
816242
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.
JANA G. BURDGE
GLENN E. BURDGE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
JANA G. BURDGE and GLENN E. BURDGE 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 LOT 2 HICKORY LANE, A/K/A 204 HICKORY LANE,
SHIPPENSBURG, PA 17257-9494. 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.
816242
1
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
816242
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
816242
3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
816242
4
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
816242
5
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants, are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
816242
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.
816242
7
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: 72.(;$/1 By:
Adam H. Davis, Esquire
Attorney for Plaintiff
8
816242
Exhibit "A"
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.
vs.
JANA G. BURDGE
GLENN E. BURDGE
FILE.D-OFFiLL
Or THE PRO THONG T ,i .
2014 OCT -1 AH1 IC: 17
CUMBERLAND COUNTY
PENNSYLVANIA
•
•
•
•
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 13 -3967 -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 JANA G. BURDGE and
GLENN E. BURDGE, 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 $117,968.26
TOTAL $117,968.26
I hereby certify that (1) the Defendants' last known address is LOT 2 HICKORY LANE,
A/K/A 204 HICKORY LANE, SHIPPENSBURG, PA 17257-9494, and (2) that notice has been
given in accordance with Rule Pa.R.C.P 237.1.
Date q / s l/�/ T
Adam H. Davis, Esq., Id. No.203034
Attorney INPlain
DAMAGES ARE EREBY ASSESSED AS INDICATED.
DATE:
10/
i Li
PH # 816242
PROTHONOTARY
Exhibit "B"
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
November 24, 2014
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
RE: WELLS FARGO BANK, N.A. v. JANA G. BURDGE and GLENN E. BURDGE
Premises Address: LOT 2 HICKORY LANEA/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257
CUMBERLAND County CCP, No. 13 -3967 -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 November 29, 2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Enclosure
816242
Name and
Address
Of Sender
Line
2
Article Number
Total Number of
Pieces Listed by Sender
Form 3877 Facsimile
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CMS
Name of Addressee, Street, and Post Office Address
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
RE: JANA G. BURDGE (CUMBERLAND) PH # 816242/1200
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of
Receiving Employee)
u
Page 1 of 1
50.96
The fitll declarntion of value is required on all do c and international registered mail. The n
for the reconstruction of nonnegotiable document under Express Mail document reconstruction
piece subject to a limit of $500,000 per occune The maximum indemnity payable on Expre
The maximum indemnity payable is $25,000 for r istered mail, sent with optional insurance.
R900 5913 and S921 for limitations of coverage.
8162
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.
JANA G. BURDGE
GLENN E. BURDGE
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -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.
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
DATE: /Z ` 1P`
Phelan Hallinan, LLP
By:`=yi6e --,'
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
816242
H
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK, N.A.
Plaintiff
v.
Court of Common Pleas
Civil Division
CUMBERLAND County
JANA G. BURDGE
GLENN E. BURDGE No.: 13 -3967 -CIVIL
Defendants
RULE
AND NOW, this /S" 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
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.
816242
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
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
816242
816242
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Perm Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A.
Plaintiff
vs.
JANA G. BURDGE
GLENN E. BURDGE
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's December 15, 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.
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
DATE:
By:
Phelan Hallinan, LLP
Jon. an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
816242
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.
JANA G. BURDGE
GLENN E. BURDGE.
Defendants
TORNEY FOR PLAINTIFF
fly
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on December 9, 2014..
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December
15, 2014 directing the Defendants to show cause by January 5, 2015 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. - The Rule to Show Cause was timely served upon all parties on December 23,
2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
January 5, 2015.
8,16242
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
/7// -5 -
By:
Phelan Hallinan, LLP
Jo ur°' an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
3
816242
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK, N.A. Court of Common Pleas
Plaintiff
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
V..
JANA G. BURDGE
GLENN E. BURDGE
Defendants
RULE
AND NOW, this 'day•of . 4,4 ,A 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
816242
Exhibit "B"
Phelan Hallinan, LLP
Jonathan Lobb, Esq., -Id. No.312174
1617 JFK Boulevard, Suite 1400
On Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A.
Plaintiff
vs.
JANA G. BURDGE
GLENN E. BURDGE
Defendants•
•ATTORNPLAINTIFF
F14'0.E.C2k EY FOR
• .
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reasse4gtexntipli:
not be granted was served upon the following individuals on the date indicated below.
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
Phelan Hainan, LLP
•:
By:
Jon. *Lobb, Esq., Id. No.312174
Attorney for Plaintiff
816242
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.
JANA G. BURDGE
GLENN E. BURDGE
Defendants
•
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -3967 -CIVIL
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.
JANA G. BURDGE
GLENN E. BURDGE
LOT 2 HICKORY LANE
A/K/A 204 HICKORY LANE
SHIPPENSBURG, PA 17257-9494
DATE:
By:
Phelan Hallinan, LLP
iathan Lobb, Esq., Id. No.3.12174
Attorney for Plaintiff
816242
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
JANA G. BURDGE c _
GLENN E. BURDGE No.: 13-3967-CIVILr7_, 3 "'
,ti -,_.r
Defendants CA 3—— . !
-< ca c
r - 2:—;c
ORDER - -
AND NOW, this /2 day of 5 , 2015, 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 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 December 20, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Appraisal/Brokers Price Opinion
Escrow Deficit
TOTAL
Plus interest at six percent per annum.
$107,219.94
$14,558.15
$283.85
$2,850.00
$590.35
$135.00
$820.00
$5,914.44
$132,371.73
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
04t es
Rly ',At)
JuNa.
GLS
02// 6 -
BY THE COURT:
816242