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Home My WebLink About13-4562 Supreme Court of Pennsylvania Courtof m Comon,PIeas , - ov ��, w' � For Prothonotary Use Only: _ 1rC f Sheet r CUMBE�rAND A L Coun Docket No: The igforrnalion collecled on this form is used solely for court administration purposes. This form does not su dement or replace the filing and service of pleadin s or other papers as required by low or rules of court. S Commencement of Action: 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: ERIC E. CRESSLER T S /B/M WELLS FARGO HOME MORTGAGE, INC. I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits O (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant'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 Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS.TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 a i �/ L� F• C7 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 allison.zuckerman@phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 NO.: Plaintiff, VS. ERIC E. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324 -9052 BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324 -9052 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE o 062 -PA -V3 C 164-4 1- 23h ?'/ yQ And now comes WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, ERIC E. CRESSLER and BONNIE S. CRESSLER, are individuals whose last known address are 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324 -9052. 3. WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about October 22, 2002, ERIC E. CRESSLER and BONNIE S. CRESSLER made, executed and delivered to WAYPOINT BANK a Mortgage in the original principal amount of $92,000.00 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 1778, Page 3264. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded July 9, 2003, the mortgage was assigned to WELLS FARGO HOME MORTGAGE, INC. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Book 699, 062 -PA -V3 Page 1213. 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. ERIC E. CRESSLER and BONNIE S. CRESSLER are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2013. 8. As of 07/19/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $75,295.43 Interest $2,119.72 01/01/2013 through 07/19/2013 Late Charges $200.40 Property Inspections $60.00 Escrow Balance $(503.58) TOTAL $77,171.97 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). 062 -PA -V3 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $77,171.97, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: Allis e an, Esq., Id. No.309519 Attorney for P aintiff 062 -PA -V3 Exhibit "A" NOTE October 22nd, 2002 Carlisle Pennsylvania [Date] [City] [State] 26 Appalachian Trail, Gardners, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 92, 000.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is Waypoint Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on June 1st, 2003 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1st, 2033 , I still.owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 1711, Harrisburg, PA 17105 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 566.46 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddis Mac UNIFORM INSTRUMENT (M -5N l000w.o1 Form 3200 1/01 VMP MORTGAGE FORMS- (800)521 -7291 Pape I of 3 Initials 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then, (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if i am in default at a later time. (E) Payment of Note Holder's Costs and Expenses , If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person.who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1/01 ® •SN I0005i.oi Pape 2 of 3 InRVaIa: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ( ) (Seal) Eric E Cressler - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) WIT HOUT - RECOURSE PAY TO THE -Borrower PAY TO THE ORDER OF - Borrower WELLS FARGO HOME MO RTGAGE, OF ORTGAGE, INC. Wells Fargo Home Mortgage, Inc. WAYPOI T BANK ,� O 'ginal Only] BY: ela A. Dodson Name: Assistant 5etxetery 71 tie; DAM W S , UDT CE PR�Sjpl. ® -bN (000si.o+ Pap" 3 of 3 Form 3200 1/01 Exhibit "B" LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, as described on the. Surveys of Eugene Hockenberry, Registered Surveyor for Ralph M. Neal, et ux, dated April 4, 1980 and May 7, 1980, more particularly bounded and described as follows: BEGINNING at an iron pin set 25.77 feet South 27 degrees 07 minutes 36 seconds East from an existing Triple Oak; thence across an existing 12 feet wide gravel road and along the lands now or formerly of Paul K. Millard North 68 degrees 10 minutes 14 seconds East 431.96 feet to an iron pin; thence along lands now or formerly of the Commonwealth of Pennsylvania South 13 degrees 17 minutes 34 seconds West 118.87 feet to an iron pipe; thence along the lands now or formerly of B. David Betton and across an existing 12 feet wide gravel road, South 72 degrees 20 minutes 17 seconds West 357.92 feet to an iron pin set; thence along lands now or formerly of John S. Whitman North 27 degrees 07 minutes 36 seconds West 71.52 feet to an iron pin set, the place of BEGINNING. PROPERTY ADDRESS: 26 APPALACHIAN TRAIL ROAD, aka 26 APPALACHIAN TRAIL, GARDNERS, PA 17324 -9052 PARCEL #40 -37- 2545 -025A File k 816835 VERIFICATION Steve DeFurio, hereby states tha he he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tha 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 is er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name_ : Steve DeFurio Title: Vice President Loan Documentation Company: Wells Fargo Bank N.A. Date: 07/25/2013 086 -PA -V2 File # 816835 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., S /B /M WELLS OF CUMBERLAND COUNTY, PENNSYLVANIA FARGO HOME MORTGAGE, INC. Plaintiff(s) ERIC E. CRESSLER _ G BONNIE S. CRESSLER �jjn� Defendant(s) V �`� il - yam NOTICE OF RESIDENTIAL MORTGAGE FORECL6W 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: 1 Date Alliso . Zu an, Esq., Id. No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners .Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 816835 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F ,_ ,''�, ra�,-,4_ t+a I Fib. PR{ 1 110 N, fr t �p��,tr�i1 �ararrf>' �3 Jody S Smith AUG 12 AM 1 : 39 Chief Deputy '013 0 Richard W Stewart ` .,,,. t Solicitor OFF ZE OF ME VEPIFF PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Eric E Cressler(et al.) 2013-4562 SHERIFF'S RETURN OF SERVICE 08/08/2013 07:14 PM-Deputy Jamie DiMartle, 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: Eric E Cressler at 26 Appalachian Trail Road, South Middleton, Gardners, PA 17324. A IIE DIMA PUTY 08/08/2013 07:14 PM - Deputy Jamie DiMartle, 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 Eric Cressler, Husband,who accepted as"Adult Person in Charge"for Bonnie S Cressler at 26 Appalachian Trail Road, South Middleton, Gardners, PA 17324. (JI`IIE DIMARtLjE, PUTY SHERIFF COST: $56.43 SO ANSWERS, August 09, 2013 RON R ANDERSON, SHERIFF (c)CountySuiie Sheriff,Teleosoft,Inc. 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., S/B/M WELLS FARGO HOME MORTGAGE, INC. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13-4562-CIVIL v. Cumberland County ERIC E. CRESSLER ':. 26 APPALACHIAN TRAIL ROAD, AKA 26 2 ' APPALACHIAN TRAIL n c i3 ' GARDNERS,PA 17324-9052 -13 rri cn� I O ■ BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD,AKA 26 `� '—' APPALACHIAN TRAIL GARDNERS, PA 17324-9052 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. (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 August 5, 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 February 1, 2013, 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 August 8, 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 Sheriffs Return of Service 816835 is attached hereto, made part hereof and marked as Exhibit"B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants 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 Defendants have 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 HALLINAN, LLP II Date: (( O BY: - •L A 4*� . :ph 1 Schalk, Esquire ►rne for Plaintiff 816835 • Exhibit "A" C✓ C7 © • x m � x� G') c) C -1- PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison-F, Zuckerman, Esc};;Id No:309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE,INC. CIVIL DIVISION 3476 STATEVIEW BOULEVARD ,/ FORT MILL, SC 29715 NO.: Plaintiff, vs. ERIC E. CRESSLER 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 Defendants. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSIIRF, W CQ artoH *10 We�h m b y c�th the I e c gl filed of mom 062-PA-V3 s>ttl i IN hilt.. o'(,1 R l OF("O 1\17;-1ON 1'E;Eiit�` Wi:E.1 FAI{(:il) HANK,IS A., 13 .I 01'C<.J U i3RLAND C'tJtd' E"5'. I'I,Nttil'I,VANIA [°ARCiO 1EC,;`,11;. MOO 11AGf , I Plaint l ts) vs F RIC: F C RFSSI,ER BONNIE):5 CRFS Lf:R Licleniantis) iv l NOTICE OF RESIDENTIAL. M()Itrl`(.. . ( l? FORECLOSURE I)IVFRSiON i)R()CYR.., I 'tot ';tole been served With a I0feelt,iitie .C!mplaitlt that could CallSC you to lose your hone. If you own and live in the residential property which is the subject of this Foreclosure action,you may be a1'd'to plotic-lpate in a court-supervised conciliation corfrireriCr in an effort to rosoivi'this'natter o ii.1t yopr lender- If you do not have a lawyer,you must rake the following steps In be eligible for a canna/in/ion conterencu. First, within twenty(20) clays of your receipt of JIM, ii' ice,you .nust contact ivttiii enti 1, ,.'l Sc tiices .t.(7; } 2,13-)400 c Xtentiloil 2510 or t Sob) 822-)288, e'tenoitin 2.510 and request !i. ?0 Intuilt Ot. {c..;.I Pohlci,,ertiall\e iit;IC 011iagc,to le;li. ()riee you how:. been itpsatittted a legal representative, y,ul must promptly tried With that legal ,,pre'ur,;.it v nitltin twenty(2.0)days of toe ;tp'.oiti n crtt data. During that ineeting,you mist provide tit=e legal representative Forth all requested(inane:al inforr"tn,,tion s. that.a lout resolution proposal can be prepared on your behalf If you and you: legal r,ipreseattaive contplete a financial worksheet in the formal attached hereto,the epresentative wall prepare and a ttequec1 for(.or.cihation('onferar,co With the (1ourt, whica roust be filed with the 1'ourt within'iaty(bol) days it the service upon you()Idle foreclosure cornpli:irtt, Il'you do so an )a conciliation ano tOtonce is:scheduled,you will have an opportunity to inc',('hlttt d representative Ut;✓Cif,r leader ill tlrlr1ltL=TYII?f fCt wprli. out reasonable i7.1 lr?h[',7i]eT1i5141t11 Vlifl' ;ender before the rncrtgage for ec.Iosure suit proceeds forward. If you are represented by a lawyer, on and your lawyer roust tatty the following steps to be eligible for ti conciliation conference, it w ikti necessary ler you to contact !Ai ilk:tlr; iegal Sab o a"i r the appointment of a kcal Ccr.(>t'C'setit,ctivt Eli-t.,000r, S9u ' Us; orliL t e ye r i l.int've1 "s+�;lit,it nt';tio t,lE i;iiaoct.al uik.tri t<titOli Ilrtti..r f•,ri r-: ,(,1,,..... piapltli'(at o„i y01.11 beat k etiuitict:.II t01 li ;01 �s,a ,..in:.-c°t lu it 1.0r111,U i.a,;ae:l 1V2Tet0,ycit.n lawyer will pupate arid tale a Ruilttr,av1 lit I talti IIi;itiorl t.t,ttl..,erit:c' with that 001€1, WlotSh limit , tilCrt with) :sixty(..)0.)days tit slit'.;i'1 ha.] t`,l7Vit you of the Fir ti.Ith.ilre(10110hnllt. It i i I Si.licdulccl,you wilt have tot opportunity to ititet v.?th ., repitilltittWt . .ow-1,,1 .1;,1 itf,trl ale"rtt it td)t}i it.A...l rot,i cable arguments walla yi>ltr iender before Mc mortgage: foreclosure suit prtx'e.d„forward. IF YOU WISFI T(.)SAVE YOUR HONttI`., YOU %1tiS'1' ACT OI;I(Ri,'V AND i\Kl'l THE,STEPS REQUEI(ED BY THIS NOTICE. THIS PROGRAM IS Is.'RE . Respectfully slti'rltittoA i t ,/ih Ahr,.. h i . ';'u..}:.°ru sot F sy., 1.! No=, oo51) Attorney nu i'lalint I) FORM 2 ( ittnbet-latt(.1 County Residential Mortgage Ftn-t,.closurt 1)1N ersion Prograirri Financial Worksheet Date ( timberland County Court of Common Pleas Docket # BORROWER REQUEST FOR 11ARI)SI-IIP ASSISTANCE To complete your request for hardship assistance, your lender must consider you:circtintstattees to cleterntitie possible options while working with your counseling agency, Please provide the followiiit;infoa-inati;)n to the best of your knowledge: , . (:11sT(IN1112/1)ItliVIA12,1: imitie(s): „„ „ Prkverry Address: City: State. Zip: is the property for sale? Yes Li No t,isting data: Price: S Realtor Name: _ Borrower Occupied? Yes Li No is j Mailing Address(if different): City; Slate: Phone Numbers: Home: Cell: Other; # of people to household' itst,t . . . C't.)-110(.211(1%NtErt. Mailing Address: __„,„„ „„„.. City: State: Zip: Phone Numbers: OffIce. Cell: Other: „„„ N of people in household: How ic)lig? FINANCIAL INFLIRMATIC)N First kItrie.age y pc,(.it' I.eau Niue bor. Date You Closed Your Second Mortgage 1.„crider: _ Type Ott eon „oan Ntiiriber: dotal i\lttidgitgo l'ttyments Arittittitt, S Included 1 as„es Trisort,„Itce: Datc 'ii art P,t.yrilcilt'. 0...`11,;i1r . Ss tbc |ouu in Bun�n[xcy? '1. os -- NoF- l[y*c` pn`vidt,tnm/nex, i:s�mm uftu/ot case rxmohuT/;,,,!, nnoo':yl — amots Amount��ut.1 ��]v� iknnu: � $___ O|hcKoa] rslum: � S_ Kr'irco un/ Fmds. S S_� \vvQ*\monm:. $ S Lhcckin�. � $ �aviu@�. S �____ ______ O/h: : $ $____ ___�_ Agtolobile.4| Model'. , t... „.. Yvar Amount owed: Value: � isvlod* : _ Year At-rmuot, *ud: Value; Year, ,, ,Antount owed: livlalue Mkn/lhh/ 6moo, e Name of Employers, l„ Ntontb\yGrosa �m.<b( __�____^ y �c« Z iViomaN6 (3ruoa . k4auh/yNvL_ J, Mm//hlyC;nn� Pvio"Ub)y �:1 Additional Income Deripiien (nor wage ____ mnnuhh/an.nunr� �__ 2 ___„ mon0b|y amount: _________ B(an/wer Pay 0nya. Co�101m^erl'aJDu�s Momtb|9|SIpenseo: (Please only include e\peflSOs you are currently paying) 1 Mortgage Food 1 ~ �-- ------- -------- &mouu1 Avai|mb|r 6orMoudhb' yilong,age PoynoentmHuyetl nn |ncomo 6t �xpmnv�xr. }/mvcy./nhucn vvod`inpn/id1ut{uosbng...;counsuhu� ,ASonoy7 rl yovL n� Nn �� U>,x, Picas(..- p,uvi6k|he bUowing. m[LA-mat x`w [oanxu|io�At:tnluy: �\nn^Jx: i'b'mon}r'fic1:0 Fn, lad. ltri'e you made tipplitiation tar Itnntiiiwners Eitiergerrity Mortgage ,Atssisi.auct: Prograni (111',Y1,Alt) assistance? Yet 1 11 Ye No r--1 ii 2ttes„ pICO iitclicate the inam i of the appli.iation: Have you had an prior ruitgotitiiirais with your lender or lender's ittiiin iervicuut company to resolve can delirameinsi„? Yes ri 11,,,'es, please ihrileo.te rue status of those negotiations: Please phivide the folloai,ing, information, iflomwtk, regarding your lender and lender's loan ser\,icing, company. (,ender's Cstintaci (Naltic‘r Phcuie Servicing Company(Name): Contact: AliTil()IZIZA'11()N 11\N,e, mith,,,riic the above mime() to ese;ield rhi infortimition io my leuderi.st:rvieer, co the a.01,..! situati()ri P. possitile, Intartgage optturtit. l \Ve understand tint: bat inc:ore unite:-ft, ,iithgation it uce the counseling services provided by dic iihtive named Signature Date Ceo Sorro‘ver Signature Date filease {tint o rd tilts dociiniant. along in ith he I bowdg ml rtciPoi to tea'lee„trid ot 2 bank staterneni l'finif O tiny expected income for the hist 45 dilys 4. ( api tif a thirrent utility bill Letter ex ifitiliting reason for delitultiettry iirsti arty slipriortitrii. it^tter iisfifio -agreement (if propcirly i8 cum:Jiffy on 'alio m3rifet) NO"lICV You hove been sued in Court. If you wish to defend a.:.,f_ainst the chorus set forth in the tollowing, Igc , you 1111W1t takC ochon within twenty (20) days aher ili3 m plain en ItioliL,A. arc SCI-ved by entering a wfkien appearance personally or by attomey and Ching in writira with the Court your det6'ises or ohjechons to the chains set forth against you on Ltre warned tha t it' you fail to do so, the ease may proceed without you, and a judgment moy be entered again.ar you by the Court without further notec fbr any money claimed in the Complaint or or an ohm claim or rcher recin(:.,sted by t'n . plaintiff Yon way, he money or property or other rights invortarli to yon. V( t S.1tOd,1„) 'IS ‘.(0(.3R LAW YLR ONrE, V(.); Do NOT H \\1 A WY ER. CO 'IF() OR TEA,EPHON1; OFFICE t'h 11 01:11 i3ET \‘,.' THIS (..)ITR.:`,E PROVIDE YOI.; WITIf INF()[MI,AT1ON ABOUT 1 11.1(ING A t.„,,,\\VYFR. 11' Y01.1 cANN(Yr AFFORD To HIRE A LAWYF,R, u11J OFFICE MAY 13L AGE F TO PROVIDE' VOL %ATI] INFORMATION A13() JT AUFNCIES 'Ft[AT MAY OFFER SFR VIC.FS TO LLICIIBI,1:!:, PERSONS Al A RF,Dl ICH) ['Elf OR NO FF,r,, CLIVIDERLAND COuNiy ATToRNFy RFFERIt AL CI1NrIBERL:AND ta)1JN FY BAR ASSOCIAl'ION Cl 0.)t_IN 1 Y COUR'Il-101 7. LIBERTY A VP.Nt CARLISIE, IA 17013 (717)2.4P4-111 Or 510) q90 91(1S PlIELAN LL P ATTORNEY FOR PT A1NTIFP Allison I Zuc,kerman, Esq.,Id. No.309510 1617 IFK BonIevard, Suite 1.400 One Penn Cenwr Plaza Padeiphia, P,\ 19103 allison,zuckermanApheLanhallinan,corn 215-563-7000 I N T HE ( ()L RT OF COMMON PLEAS OF (1MBERI,AND COUNTY., PENNSYLVANIA WLLLS FAR(1.0 BANK, N.A., SfRPM wP:1„..LS FARGO HOME IMOR.TGAGE, iNC CIVIL DIVNION 3476 STATFIVIEW BOULEVARD FORT MILL, SC 29715 NO P4aintiff, vs, ERIC F. CRESSLER 26 AppALAci ELAN FEAII ROAD, AKA 26 APPAI.ACHLAIS 'FRAU GA.RDNERS, PA 17324-9052 130NNIE S. CR.FSSLER 26 APP,ALM..71BAN TRAP ROAD, AKA 26 APPALACRIAN TRAIL GARDNERS, PA 17124-9052 DetE6dxus CIVII ACTION — compLiaNT IN MORTGAGE FIMECLOSEIRF , . And now comes WELIiS FAREK-,) ii.A.N1<,.. N,A„, Sla/M., WFL.LS FA.R.tft) ift,,Yry IF, IORT(LiACilli,, INC, Iiy its i-ittotneyi, Phelan Hal linan. III' and 1.'.i.les this Complaint in Morigage Foreclosure a follows: I. The Plaintiff is WELLS FARO .) IIANK„ N,A,, SIB/M WELLS :FARGO 1-10M.F. NIRIMikir(iAG.E„ INC,, 3476 Si liAifiIiVIIHAV 13(i)I,ILEVARD, FORT MILL SC 2971.5 (hereinafter "plaint:1f'). The Defendants, E.RIC F. C.R.ESSLER and BONNIE S, CRESSLER„ are .4., individuals whose last known address are 26 APPALACHIAN TRANI., ROAD, AKA 2.6 APPALACHIAN. TRAIL. GARDNERS, PA 17324-9052. 3, WEL1 iS II,,,\R,(10 BANK., N„,,A,, Si0lly1 WET.,,LS l'AR -..i0 1.-liAlF„. M(...)I<TK.hAtilli., INC....„ directly- or diiroit,,,,ih an ap,cnt hai: rkissemn iit the P-rorniory Note W.Iiik,L.‘,, F.A.RI)0 BANK, .N„A., 51113/1\il WhichS Ii,M.“.40 HON11i i''',11..IRIfiii.5 tif., I.N(.i. is enter Mc ,.'yriirkiJ rii.0.-ce of -the Pranlissory hoc or die Pronikisory Note has been duly. iiidoticd, A true and correct copy of said Promissory Note is marked Exhibit "A'', attached hereto ann mark ' pail hereof, 4, On or about October 22, 2,002,„ FRIC F., (ikESSI.ER ltid 13(.„)NNI.E S, CRESSLER made, executed and cielivered to WAYPOINT BANK a Mortgage in the original principal amount of $92,000,00 on the premises described in the legal {,lescription rikirked Iii'xkibit "IS attached hereto and Inaiiii 3 part hcreoli Said Mortga.ge kiing rcerded in the Office of the Recorder of CiUMBIIRLAND County. in Took )778., Page 3264. he Mortgage ii. ittiti,r of ptiblic -record ;.mud is incorporated herein by reference in accordance ,:-,,,,,iti.)„ paR.c,P. 1 i";40, witilich rule retieNies the Plaintiff flom itii obtigation to aTh,:tch documents to pleAinp if those doeunkints are of public. record, 5, Plaintitt is the eminent Mortgagee, By Assignment of Mortgage recorded July 9.. 200i. ihc rPortgiE•We was ass tinted to WI„itil,S FARGO lit(iME N4()R2GAGT.,., 11\1(1 ,A.ssignincril is recortipd in the (Nice eat the Recorder or COMBH,Rieli\ili.) County ill .1. 0C)h. .699, :,.,..,...-....., . ‘,..:-.: Page 1211 Ine Assignment is a a atler of publie record and is incorporated herein by reference in accordance with Pa,R.(l.P. 1019(0. which ride relieves the Plaintiff from Pis obligation to au,ach ttoeurnents to ptetniings 1 those doeth-n,inti; are public 6, FRIC, P CRESSIXR iad IdON Pl1 c. t 'RPSSI,ER aki record and re : owners the aforesaid tamigaged pr:mtsca l)cthndnw are in tinfattil 'under the terms of the aforesaid l\lortgavia d a, iiner failure, to pay the monthly installments of principal and interest due February I, 2013. R. As al' 07/19/7013, the amount due and ()wing Plainh II on the InditIvinigc,, is a follows: Principal fialalice $75,295,itt:3 Interest $2,119.72 01/012,013 through 07/10/2013 Late Charget $200.40 Property Enspections S60,00 Escrow Balance $1503,58) l'OTAL $77,171297 plus interest and all other additional amounts amhori-/ied under the Mortgage and Pennsylvania Law, netuadly and misonnblv iricturrc:td by Hai:Miff, including but. not Iiiitattd u cosrs (Mc:inning escrow :advances) and plaintiff's, attorneys' Cees a]id exipenses: Phil:tan rnseryns the right to fiat a motion in the above-captioned 'id.dien to add such additional sang: Liathorhif,ed Unda the Mortgage and Ponnsylvanial.aw to the above amount due and owing when incurred, 0, Notice of Intention to Foreclose as set birth in Act 6 of 1074, Notice at' I forneowners Emergency Mortgage Assistance Program pursuant to Act 91 at 1983, AS artmided in 2008, and or Notiee of 1)efault as required by the mortgage document, as applicable, nave been sent (a the Delendant(s), I et, rhis an in IOn action only against the itroresaid mortgaged premises. Paintis nqt seeking a judgment of personal Iiabd it against the DeIndantis), but reser,es its vight tO do so in a separate Ical tetion if such righi exists, If Defeudant(s) have received a discharge of personal liability in a bankruptcy r.irocceding, this iution is in no way :10 attempt to re-ostablish such liability. WHERIX()R.E., Plaintiff demands an in rem judgment in rnortgage foreclosure hr the Ilnoinn due of S77,171,97, with interest thereon plus additional costs (including additional eserovy advances), additional attorney ' Cees and costs and lor foreclosure and sale cd the mortgaged premises, • By; Date: _04 1-,,ttiekeymaii, Est+, Id, No .1095 9 $ , Attorney ,„„ , 9 b t 4 4A . . • . . N ' I Carlisle y Van teitY) 26 Appalon.hian Trail, Gardners, PA 17321 tPluperty Address.; I. BORROWER'S PROMISE TO PAY in return for a loan that I have received, I promise to pay U.S. S 92,000.00 (this amount is called 'Principal), plus interest, to the order of the Lender, The Lender is we ypointi, Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6,250 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(3) of this Note. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month, I wilt make my monthly payment on the lati day of each month beginning on :June lat., 2003 . I will make these payments every month until I have paid all of the principal and interest and any ctthet charges de-scribed below that may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal, lf, on May let, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.' I will make my monthly payments at PO box 1711, Hat-risburg, PA 1'7105 or at a different place if required by tic Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 566.46 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note, I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note 1-10;der will use my Prepaytnents to reduce Me amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note.. If I make a partial Prepayment, there will he no changes in ihe due date or in the amount of rily monthly payment unless the Note Holder agrees in writing to those changes. MUL If rIxcc,flATl: NOTE';S(:,0 umropm;r4,5•ruiumE5 3Z00 1,'01 • • 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (t)) any sums already collected front me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the • .• Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated • as a partial Prepayment. • 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ri f teen (Mit ndar days after the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will he 5,000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default I do not pay the full amount of each monthly payment on the date it is due, I will he in default, (C)Notice of Default if I ant in default, the Note Holder may send me a written notice telling me that if I do nut pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to rue or • delivered by other means, • (0)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costa and Expenses If the Note Holder has required mu to pay immediately to full as described above, the Note Holder will have the right to • be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, Those expenses include, for example, reasonable attorneys fees. 7. GIVING OF NOTICES • Unless applicable law requires a different method, any notice that must be given to roe under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note • !folder a notice of my different address, Any notice that must be given to the Note Holder under this Nom will be given by delivering it or by mailing it by first class mail to the Nine Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, • h. OBLIGATIONS OF PERSONS UNDER THIS NOTE 11 more than onc person signs this Note, each person is fully and personally obligated to keep all of the promises made this Note, including Me promise to pay the full amount owed. Any person who is a guarantor,surely or endorser of this Nuns is also obligated to do these things. Any person who takes over these obligations, including the ubligatioes of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises marl t in this Note, The Note Holder may enforce its rights under this Note against each person individually or against all of us together, This means that any oni:of us may be required to pay all of the amounts owed under this Note, 9. .• WAIVERS • I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. • "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishoeilr" means the :• right to re-quite the Note Holder to give notice to other persons that amounts due have unit been paid, • 37.0C, ,• , , • I 10. UNIFORM SECURE!)NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the pro lions given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument.), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I rnsty be required to make immediate payment in full of all amount; I owe under this Note Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender eserciscs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of cot less than 30 days front the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrurrient without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S)OF THE UNDERSIGNED. (Seal) ISe41) f.;r 1,c :;;reaaier Borrower Dorrs,c (Seat) •BuNI,vecir (Seat) B,,,rrower 1 1 WITHOUT RECOURSEmPEAY TO THE ...(Scat) totrytiRcouRsr -Florrowe PAY TO THE ORt)ER OF FARGO HO MORTGAGE, INc. Walls Fargo Homo Mortgagee Inc, /) ' I '[' BANK "4-ft ) 1 r " (.1)4aula Dodson /1J/ AR5Nua-rt Name DAVU) VICIR PRPNIIDRIVIr " , 1,■ - - _ Exhibit ‘. 11,1■.:GAL. DESCRIPTION ALL that certain tract of land situate iii South.Middleton To‘ynship, Cumberland Count y, Pennsylvania, as described on the Surveys d Eugene flockenberry, Registered Surveyor tar Ralph M. Neal, et. ux, dated April 4, 1980 and May 7, 1980, more particularly bounded jmd described as follows; BEGINNING at an iron pin set 25.77 feet South 27 degrees (17 minutes 36 seconds East from an existing Triple Oak; thence across am existing 12 feet wide gravel road and along the lands now or formerly of Paul K. Millard North 68 degrees 10 minutes 14 seconds East 431,96 feet to an iron pin; thence along lands now or formerly DI the Commonwealth of Pennsylvania South 13 degrees 17 minutes 34 secorids West 118.87 feet to an iron pipe; thence along the lands now or formerly of 13. David 'Bettor) and across an existing 12 feet wide gravel road, South 72 degrees 20 minutes 17 seconds West 357.92 feet to an it pin set; thence along ltuilds now or formerly or John S. Whitman North 27 degrees 07 minutes 1 seconds West 7 1.52 feet to an non pin set. the place of BEGINNING, PROPERTY ADDRESS: 26 APPALACHIAN TRAIL ROAD, aka 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052 PARCE1, #40-37-2545-025A - - _ -- - -- VERI 'VrirrN teee UL yhs ate.s 014 lic;tdir is Vice President 1.,0all p()C4.1MelltatrtUll of WFI,LS FARGO BANK, N,A., plaintiff in this matter, thoy is authorized to make this Verification, and verify that the statements made in the foregoing Action in Mortgtvg,e Foreclosure are true and correct to the Pest ifrii;s2,ther infOrrnatior, Tl'be undersid undersiancis that this statement is made stied i the penalties of 18 Pa, U.S, Sec: $904 relating to unsvortl ltdsifacatnin to ainhoritics. \\] rY; Name: Steve .DeForiok 1 tile: Vice President Loan Documentation Company: Wells Fargo Bank N,A, Date: 07./25/2013 asb-P.A-v2 Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff :a . $* Jody S Smith , Chief Deputy Richard W Stewart a Solicitor OFFICE°FT N°PtiPtiff Wells Fargo Bank,NA. Case Number vs. 2013-4582 Eric E Cressier(et al.) SHERIFF'S RETURN OF SERVICE 08/08/2013 07:14 PM•Deputy Jamie DiMartle,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:Eric E Cressier at 28 Appalachian Trail Road,South Middleton,Gardners,PA 17324. IEDIMA` ' . 'V 08/08/2013 07:14 PM.Deputy Jamie DIMartie,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 Eric Cressier,Husband,who accepted as"Adult Person In Charge"for Bonnie S Cressier at 26 Appalachian Trail Road,South Middleton,Gardners,PA 17324. ij1 { (E.DI - •°PUT'Y SHERIFF COST:$56.43 SO ANSWERS, August 09,2013 RONI YY R ANDERSON,SHERIFF lc�County5U I Sh.nn,Theo of Inc. 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., S/B/M WELLS FARGO HOME MORTGAGE, INC. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13-4562-CIVIL v. Cumberland County ERIC E. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 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: ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 / Date: 11/l r 3 B . ,7_ / 10P 111 -ph 4. Schalk, Esquire erne for Plaintiff 816835 ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13-4562-CIVIL v. Cumberland County ERIC E. CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL - GARDNERS, PA 17324-9052 c, r--, BONNIE S. CRESSLER -t)rrl 26 APPALACHIAN TRAIL ROAD, AKA 26 '' APPALACHIAN TRAIL I c '= GARDNERS,PA 17324-9052 ,, , Defendants ( ) ORDER AND NOW, this ie day of 1414Mi•V , 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 TH COURT: J. cc : E E. Cressler /Bonnie S. Cressler oseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 816835 � ' " � tcA__ {i �P0TRGNOTAIRIY PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.20REC —6 1617 JFK Boulevard, Suite 1408UMWLAND COUNTY One Penn Center Plaza l• PENNSYLVA"'j1, Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, COURT OF COMMON PLEAS INC. CIVIL DIVISION VS. No. 13-4562-CIVIL ERIC E. CRESSLER BONNIE S. CRESSLER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ERIC E. CRESSLER is over 18 years of age and resides at 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324- 9052. (c) that defendant BONNIE S. CRESSLER is over 18 years of age and resides at 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 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 816835 ..Department of Defense Manpower Data Center Results as of:Dec-05-2073 06:06:32 SCRA 3.0 Jc Stat s Repoit Pummt to SeMcemembers Civil Relief Acct Last Name: CRESSLER First Name: ERIC Middle Name: E Active Duty Status As Of: Dec-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA�� '` _ -'_J' No NA This response reflects the individuals'active duty Status based on the Active'Dutj 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 fNA NA ii r This response reflects Where the individual left active duty status}within 367 days preceding the Active Duty Status Dale 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 r + ...r; t No r' NA This response reflects whether the indivdLI or his/her unit has received early notification io report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Awk Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department ment of Defense Manpower Data Center Results as of:Dec-05.2013 05:06:41 SCRA 3.0 Stattis Report Pursuant to S'erviCemem' Civil Relief Act, Last Name: CRESSLER First Name: BONNIE Middle Name: S Active Duty Status As Of: Dec-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '� � NJo k NA i)ref- . , "eon'-We `� This response reflects the fridiOq Z'active duty Status"based on the°Active Du ;$tatus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component a.-.Jj._ .x'4-,: 1 i .i 5� % NO ,� NA This response reflects mere the individual left active duty status with n'367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dale t. s Status / Service Component NA NA This response reflects whether the indivdual or hislher unit has received"eedy rati,fi«c*ation 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 Farce,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. �F a I Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 O-O F ICE OF THE PROTHONOTARY PHELAN HALLINAN, LL1 13 DEC 10 PM 1: 02 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite C4JM ERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A., S/B/M : CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, . INC. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ERIC E. CRESSLER : No. 13-4562-CIVIL BONNIE S. CRESSLER . 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 ERIC E. CRESSLER and BONNIE S. CRESSLER, 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 $77,171.97 TOTAL $77,171.97 I hereby certify that (1) the Defendants'last known address is 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /4// // L%C: et't",rst„ ZI L... Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Q nkt f/6. DAMAGES ARE EREBY ASSESSED AS INDICAT 7.1) f y DATE: �`Ol 1 I ;_. k.# g9o171 F PH#816835 PROTHONOTARY N a c ma.�lf� 816835 PHELAN HALLINAN,LLP Attorney for Plaintiff 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.,SB/M : CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, : COURT OF COMMON PLEAS INC. : CIVIL DIVISION vs. : No. 13-4562-CIVIL ERIC E. CRESSLER BONNIE S. CRESSLER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ERIC E. CRESSLER is over 18 years of age and resides at 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324- 9052. (c) that defendant BONNIE S. CRESSLER is over 18 years of age and resides at 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / Date / z/ /or/A7 �G�� 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 816835 „ . Results as of:Dec-09-2013 01:28:08 Department of Defense Manpower Data Center SCRA 3.0 >,r e t.r Status Report • 'r Pursuant t to Sery cemembers Civil Relief Act Last Name: CRESSLER First Name: ERIC Middle Name: E Active Duty Status As Of: Dec-09-2013 On Active Duty On Active Duty Status Date ,ActHe Duty start Date'.. Active Duty End Date Staves Service Component NA NA iNo NA This response reflects the ladividuals'active duty status based on the Active Duty Status Date -left Active Duty 361 Days&Active Duty Status Date Active Duty Start Date” Active Duly End Date Sta tus Service Component NA a NA °� ..., -, No - , NA This response reflects wtierettte individual left active dulystatus within 367,days preceding the Active Duty Status Date 1 re'Metnber or His/Her'unit Was Noosed of a Future raft-Up to Active Duty on Active Duty Status Date ,<a Order Notwicatien Start Date , Order Notification End,Date Status Service Component NA !No NA This response reflects whether the indivii t etor his/her unit has received sally notdiration to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Dec-09-2013 01:44:04 . Department of Defense Manpower Data Center SCRA 3.0 , t eaa L r Status Roport " ., ` Pursuant to Serviceinembers Civil.Relief Act Last Name: CRESSLER First Name: BONNIE Middle Name: S Active Duty Status As Of: Dec-09-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Data= Status Service Cothpenent' NA NA .-. ._ •..,No. NA This response reflects the individuals'active duty status based on the ActiveVuty Status Date Left Active Duty Withiele?•Days of Active Duty Statris'Date Active Duty start Date ' Active Duty End Date Status Service Component NA .• °NA _i _ N• Hd NA This response reflects where the individual left active Iiusvrittttm 3E7•days preceding the ActiveDuty Status Date The Member or Hit/Her Unit Was t otitle rda Future CatFpp toWAtti+re Duty on Active Duty Status Date Order Notification Start Date Order Notircation End Date,: Status y'., Service Component;; NA '''40,„„ .- o .-- NA This response reflects whether the individUBSt,'or hielher'unit has'received ear yauotdlcation to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4it 4.411744.0 r, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK,N.A., S/B/M : CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ERIC E. CRESSLER BONNIE S. CRESSLER : No. 13-4562-CIVIL Notice is iven that a Judgment in the above captioned matter has been entered against you on I DI1.� . By: 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.** 816835 WELLS FARGO BANK,N.A., S/B/M WELLS COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. CIVIL DIVISION Plaintiff v. NO. 13-4562-CIVIL ERIC E.CRESSLER BONNIE S. CRESSLER CUMBERLAND COUNTY Defendant(s) TO: ERIC E.CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 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 INDEB'I DNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: d zaett ry •oes,Esq.,Id.No.310721 A14r At'Plaintiff • el t llinan,LLP 61;t 'I(Boulevard,Suite 1400 On .'enn Center Plaza Philadelphia,PA 19103 P11#816835 WELLS FARGO BANK,N.A.,SBIM WELLS COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. CIVIL DIVISION Plaintiff v. NO. 13-4562-CIVIL ERIC E.CRESSLER BONNIE S.CRESSLER CUMBERLAND COUNTY Defendant(s) TO: BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 DATE OF NOTICE: /1 1 1 7 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 INNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: i II :lac;�y ( °'s,Esq.,Id.No.310721 A),rn- ,r Plaintiff ela +Ilittnn,LLP 1617 , `:Boulevard,Suite 1400 One enn Center Plaza Philadelphia, PA 19103 PI1#816835 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A.,SB/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE,INC. Plaintiff CIVIL DIVISION V. NO.: 13-4562-CIVIL ERIC E. CRESSLER BONNIE S. CRESSLER CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $77,171.97 Interest from 12/07/2013 to Date of Sale $2,284.20 ($12.69 per diem) TOTAL $79,456.17 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#816835 rn all �Slo. � a sb 37��s � O z C\ za, 4 4 cd" <Z u � QQ ~ U U 0 3 aQW ViaQW CD I• ,� U ¢ Nf� � � NF� Q WN � C7 W N � C7 x 0 c� w a oa � H z co N O ►�. � •� _ . Uv� � �Wy �ol = � o - wy s LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County,Pennsylvania,as described on the Surveys of Eugene Hockenberry,Registered Surveyor for Ralph M.Neal,et ux,dated April 4, 1980 and May 7, 1980,more particularly bounded and described as follows: BEGINNING at an iron pin set 25.77 feet South 27 degrees 07 minutes 36 seconds East from an existing Triple Oak; thence across an existing 12 feet wide gravel road and along the lands now or formerly of Paul K. Millard North 68 degrees 10 minutes 14 seconds East 431.96 feet to an iron pin;thence along lands now or formerly of the Commonwealth of Pennsylvania South 13 degrees 17 minutes 34 seconds West 118.87 feet to an iron pipe;thence along the lands now or formerly of B. David Betton and across an existing 12 feet wide gravel road,South 72 degrees 20 minutes717 seconds West 357.92 feet to an iron pin set; thence along lands now or formerly of John S.Whitman North 27 degrees 07 minutes 36 seconds West 71.52 feet to an iron pin set,the place of BEGINNING. CONTAINING.772 acres more or less. TITLE TO SAID PREMISES IS VESTED IN Bonnie S. Cressler and Eric E. Cressler, h/w, by Deed from Bonnie S. Cressler, dated 10/22/2002, recorded 10/23/2002 in Book 254, Page 848. PREMISES BEING: 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL, GARDNERS,PA 17324-9052 PARCEL NO.40-37-2545-025A PHELAN HALLINAN, LLP 18t Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 DEC 10 . py p 9 One Penn Center Plaza Philadelphia, PA 19103 C(MBERLAND COUMTY Adam.Davis @PhelanHallinan.com PEASYLVANIA 215-563-7000 WELLS FARGO BANK, N.A.,SB/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE,INC. Plaintiff CIVIL DIVISION V. NO.: 13-4562-CIVIL ERIC E. CRESSLER BONNIE S. CRESSLER CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No I1-1197, 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: O�'t3 - �'✓ Gl Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC. Plaintiff CIVIL DIVISION V. NO.: 13-4562-CIVIL ERIC E. CRESSLER BONNIE S. CRESSLER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,S/B/M WELLS FARGO HOME MORTGAGE,INC.,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 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL,GARDNERS,PA 17324-9052. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ERIC E.CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 BONNIE S.CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 Z� n - 2. Name and address of Defendant(s)in the judgment: -C C:� C., `t Name Address(if address cannot be reasonably ascertained,please so indicate) �G �t-11 ERIC E.CRESSLER 26 APPALACHIAN TRAIL ROAD, Ca AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 BONNIE S.CRESSLER 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SOVEREIGN BANK,N.A. 450 PENN STREET READING,PA 19602 SOVEREIGN BANK,N.A. 27 INWOOD ROAD C/O FISERV LENDING SOLUTIONS ROCKY HILL,CT 06067 PH# 816835 5r Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 14754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 1Z I/�/� By: 4�Kzc-i��_ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 816835 WELLS FARGO BANK,N.A., SB/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE,INC. CIVIL DIVISION Plaintiff NO.: 13-4562-CIVIL VS. ERIC E. CRESSLER CUMBERLAND COUNTY BONNIE S. CRESSLER Defendant(s) C* NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC E. CRESSLER BONNIE S. CRESSLER X F, 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL o ' GARDNERS,PA 17324-9052 -.c "THIS 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 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL, GARDNERS,PA 17324-9052 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of $77,171.97 obtained by WELLS FARGO BANK,N.A.,SB/M WELLS FARGO HOME MORTGAGE,INC. (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. f' 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE , 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4562-CIVIL WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. V. ERIC E. CRESSLER BONNIE S. CRESSLER owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052 Parcel No. 40-37-2545-025A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $77,171.97 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township,Cumberland County,Pennsylvania,as described on the Surveys of Eugene Hockenberry,Registered Surveyor for Ralph M.Neal, et ux,dated April 4, 1980 and May 7, 1980,more particularly bounded and described as follows: BEGINNING at an iron pin set 25.77 feet South 27 degrees 07 minutes 36 seconds East from an existing Triple Oak;thence across an existing 12 feet wide gravel road and along the lands now or formerly of Paul K. Millard North 68 degrees 10 minutes 14 seconds East 431.96 feet to an iron pin; thence along lands now or formerly of the Commonwealth of Pennsylvania South 13 degrees 17 minutes 34 seconds West 118.87 feet to an iron pipe;thence along the lands now or formerly of B.David Belton and across an existing 12 feet wide gravel road,South 72 degrees 20 minutes 17 seconds West 357.92 feet to an iron pin set;thence along lands now or formerly of John S.Whitman North 27 degrees 07 minutes 36 seconds West 71.52 feet to an iron pin set,the place of BEGINNING. CONTAINING.772 acres more or less. TITLE TO SAID PREMISES IS VESTED IN Bonnie S. Cressler and Eric E. Cressler, h/w, by Deed from Bonnie S. Cressler, dated 10/22/2002, recorded 10/23/2002 in Book 254, Page 848. PREMISES BEING: 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL, GARDNERS,PA 17324-9052 PARCEL NO.40-37-2545-025A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4562 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A.,S/B/M WELLS FARGO HOME MORTGAGE,INC.Plaintiff(s) From ERIC E.CRESSLER,BONNIE S. CRESSLER (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as.follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $77,171.91 L.L.: $.50 Interest FROM 12/07/13 TO DATE OF SALE($12.69 PER DIEM)-$2,284.20 Atty's Comm: Due Prothy: $2.25 Atty Paid: $205.18 Other Costs: Plaintiff Paid: Date: 12/10/13 David D.Buell,Prothonota (Seal), 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 4'F THE'> ° o @r A Ot 2014 JAN -8 P,l 1: 08 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff • Civil Division v. • CUMBERLAND County ERIC E. CRESSLER • No.: 13-4562-CIVIL BONNIE S. CRESSLER • 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 August 5, 2013. 2. Judgment was entered on December 10, 2013 in the amount of$77,171.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 816835 • 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 June 4, 2014. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $75,295.43 Interest Through January 10, 2014 $3,953.99 Late Charges $200.40 Legal fees $2,125.00 Cost of Suit and Title $807.84 Property Inspections $60.00 Escrow Deficit $1,565.47 TOTAL $84,008.13 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 Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 26, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 816835 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: j/�',tt By: John D. , Esquire ATTORNEY FOR PLAINTIFF 816835 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. . Plaintiff • Civil Division v. • CUMBERLAND County • ERIC E. CRESSLER No.: 13-4562-CIVIL BONNIE S. CRESSLER . Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ERIC E. CRESSLER 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 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324-9052. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may 816835 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. 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). 816835 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 816835 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 816835 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. 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. 816835 1979). The Superior Court cited Fetner in confirming that an attomey'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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. 816835 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. 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, 816835 which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 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. 816835 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 1/71/11 By: John D. ohn, Esquire Attorney for Plaintiff 816835 Exhibit "A" 816835 ILat-O F)CE OF Tilt P ROTHONOTAR 1 PHELAN HALLTNAN, LL-g3 DEC 10 PM 1: 02 Attorney for Plaintiff Adam H. Davis,Esq., Id. No`.203034 1617 JFK Boulevard, Suite CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A.,S/B/M : CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ERIC E.CRESSLER : No. 13-4562-CIVIL BONNIE S. CRESSLER • 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 ERIC E.CRESSLER and BONNIE S. CRESSLER,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 $77,171.97 TOTAL $77,171.97 I hereby certify that(1)the Defendants'last known address is 26 APPALACHIAN TRAIL ROAD,AKA 26 APPALACHIAN TRAIL,GARDNERS,PA 17324-9052,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /4/Y// Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff and'4/4 Tall DAMAGES ARE EREBY ASSES SED AS INDICAT . , DATE: /a\ID � k 9°101`!( PH#816835 PROTHONOTARY 0 Z (V16.%."140 816835 • Exhibit "B" 816835 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 26th, 2013 ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 RE: WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE,INC. v. ERIC E. CRESSLER and BONNIE S. CRESSLER Premises Address: 26 APPALACHIAN TRAIL ROADAKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324 CUMBERLAND County CCP,No. 13-4562-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 1/2/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff Enclosure 816835 QO i, {0161 rill lit .' 00 , �Opitcv{c J1 E 9 . $3y1� V to 03 vz. a 4, g i 11:1; w. il � l ,:..<:.. . fg w ego 2 - 44 ./Mgli O 4t 54. Li As Iv 10 At i t a AI a = r2 d-vQ' da, W O Ail iv I z ,o �':q edit t� Li., �� :.. $.� g a d* . . .-P ral N 'o 15 Q 41 St t- c M ! g7 a 01 -p 4•„ C s 'i p Q d r . 'L _t`e y, �..k. ,. .n !r .-s's* 'x. xi`,,r e ,'/°6i4;,.". * 11`D i» ''''' ''' ',...its..,r•.7 . 'rti ,P' ',''''' , ' .t+". R, 1";'''''... .. .v +� v� ::x• »r.r3z s �k i.. ... �044114h.'1. . .. Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS : Court of Common Pleas FARGO HOME MORTGAGE, INC. . Plaintiff Civil Division • v. CUMBERLAND County ERIC E. CRESSLER : No.: 13-4562-CIVIL BONNIE S. CRESSLER . 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. ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 Phelan Hallinan,LLP DATE: // /'/it By: - John D. hn, Esquire ATTORNEY FOR PLAINTIFF 816835 I tv Fri l,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff • Civil Division v. CUMBERLAND County ERIC E. CRESSLER No.: 13-4562-CIVIL BONNIE S. CRESSLER Defendants RULE AND NOW, this l y s day of • u„iey 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 T E COURT A A , J. 816835 r !, 1(�t�HjiN } 2 1 7 1 4 JAN 21 41110: 2i, L,U crniti Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS • Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff • Civil Division • vs. CUMBERLAND County ERIC E. CRESSLER No.: 13-4562-CIVIL BONNIE S. CRESSLER • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 14, 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. ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 Phelan Hallinan, LLP DATE: I/17hY By: John D. Kr a Esq., Id. No.312244 Attorney for Plaintiff 816835 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.,S/B/M WELLS FARGO HOME MORTGAGE,INC. PH#816835 DEFENDANT SERVICE TEAM/Ixh ERIC E.CRESSLER COURT NO.:13-4562-CIVIL BONNIE S.CRESSLER SERVE BONNIE S.CRESSLER AT: TYPE OF ACTION 26 APPALACHIAN TRAIL ROAD XX Notice of Sheriff's Sale t7 "ri AKA 26 APPALACHIAN TRAIL SALE DATE: June 4,2014 GARDNERS,PA 17324-9052 tom" SERVED - Served and made known to BONNIE S.CRESSLER,Defendant on the Z.(jday of O A 1&.20 13, (2-:30 o'clock,.M.,at 26 A ?ALACH1A}) VML f-0412in the manner described below: ,F -Defendant personally served. CD T 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 9) Height S Weight Race Sex F Other I, t-nebNi ,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 unswom falsification to authorities. DATE:9-1_„,0E-2,-)(3 NAME:li PRINTED NAME: PVEEti t oetethi TITLE: ec S .12Al°(Z- NOT SERVED On the day of ,20_,at o'clock_.M.,I, ,a competent adult hereby state that�efendant 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 unswom 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 \\P AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.,S/B/M WELLS FARGO HOME MORTGAGE,INC. PH#816835 DEFENDANT SERVICE TEAM/lxh ERIC E.CRESSLER COURT NO.:13-4562-CIVIL BONNIE S.CRESSLER C SERVE ERIC E.CRESSLER AT: TYPE OF ACTION CT't 'V 26 APPALACHIAN TRAIL ROAD XX Notice of Sheriff's Sale Z. AKA 26 APPALACHIAN TRAIL SALE DATE: June 4,2014 t-- t GARDNERS,PA 17324-9052 SERVED Y'c� t'` Served and made known to ERIC E.CRESSLER,Defendant on the me day ofc' a -;20 13,at-- (213 9'clock 4?M.,at 1 • Ik-L Ck4AP ZF-Ail. (10 Q in the manner described below: = _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is (3 bIJN((c.S- (r✓(L- _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age � Height .1~ Weight Race w Sex f Other I,f 6C r-k vetaW , 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: ( f 3 NAME:7 (( l'1 PRINTED NAME: e t c new—t TITLE: QI•tve, k C -L(31 L- NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state tha 13 Tendant 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 \\,1 • ;JLI:1 Fi taErti 2Dl4 r - ,u: 22 'E"iNS YLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff • Civil Division • vs. • CUMBERLAND County ERIC E. CRESSLER • No.: 13-4562-CIVIL BONNIE S. CRESSLER • Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., 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 January 8, 2014. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 26, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 816835 3. A Rule was issued on January 14, 2014 directing the Defendants to show cause by February 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 17, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 3, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. `� / Phelan allinan, LLP DATE: v l t t4 By: .ridLILAI Jonatha 7 . Etkowicz, Esq., Id.No.208786 Attorne for Plaintiff 816835 Exhibit "A" 816835 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 26th, 2013 ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 RE: WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE,INC. v. ERIC E. CRESSLER and BONNIE S. CRESSLER Premises Address: 26 APPALACHIAN TRAIL ROADAKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324 CUMBERLAND County CCP,No. 13-4562-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 1/2/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, s ., Id. No.312244 Attorney for Plaintiff Enclosure 816835 94 O3d1Bt � b1IOt) ,1. .fir-. r . co �� k' . -'�, - .14 :-.41.!*- .÷. jt•'N\ \ A �'. CT's 'C" awmpoloor ti<43`J�JL n `r 6 ilfj qty IJ l'i d to Ili . •-41'1 , il 11' 1111 i _ ( t i• g-T, ' M D*1 2t111 w = a. Z o u E : it a °°I I ii p a ....°:1 t r4gAP'4 t- v � Q a = a °G n i ‘c-";'-' 8'4' Sf"" z h ; J t § a Z w• u w , n• w�z< 4 .r, � :r'1 i...1.i•: .N�w. �•:'a �.:.� �.'.d. "� r� t r.r.r'R Y x w �F .. y ' `TY .R x. � 3ts'r:.::�. r..�i s:.w 1 �r r ..-,..'k,;:? : '°` y a AG, y� = ; i• � , i T '. r ..i..1. 4.-1;•!.....,,, .. ..; F, 9 .r ..47,0 r .i#s" . ' .w • ••••. Exhibit "B" 816835 If : 11► FP1 l:: pel1i YLVrl i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS • Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff • Civil Division v. CUMBERLAND County ERIC E. CRESSLER • No.: 13-4562-CIVIL BONNIE S. CRESSLER Defendants RULE AND NOW,this 1"/ day of . 4„u*7 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. if no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BYT ECOURT J. 816835 • • • Exhibit "C" t It _0ti 't 21114 JAW 21 At,10. rUMBERL 4 `� COUNTY NS�' VA NIA Phelan Hallinan, LLP John D. Krohn,Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.lcrohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division • vs. CUMBERLAND County ERIC E. CRESSLER No.: 13-4562-CIVIL BONNIE S. CRESSLER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 14,2014 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. ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS,PA 17324-9052 Phelan Hallinan, LLP DATE: By: John D.Kr -Esq.,Id.No.312244 Attorney for Plaintiff 816835 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS : Court of Common Pleas • FARGO HOME MORTGAGE, INC. Plaintiff • Civil Division • vs. • CUMBERLAND County • ERIC E. CRESSLER : No.: 13-4562-CIVIL • BONNIE S. CRESSLER Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ERIC E. CRESSLER BONNIE S. CRESSLER 26 APPALACHIAN TRAIL ROAD AKA 26 APPALACHIAN TRAIL GARDNERS, PA 17324-9052 Phel. Ha lin; •. L ' DATE: � ( By: JonathV . t owicz, Esq., Id.No.208786 Attorn* for Plaintiff 816835 THE NO i H31`1OT7 IN THE COURT OF COMMON PLEAS 2i;14 FEB 12 PM 14: OD CUMBERLAND COUNTY,PENNSYLVANIA CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. • Plaintiff Civil Division • vs. • CUMBERLAND County • ERIC E. CRESSLER • No.: 13-4562-CIVIL BONNIE S. CRESSLER • Defendants ORDER AND NOW, this IL * day ofq4.04" 'l , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $75,295.43 Interest Through January 10, 2014 $3,953.99 Late Charges $200.40 Legal fees $2,125.00 Cost of Suit and Title $807.84 Property Inspections p y p s $60.00 Escrow Deficit $1,565.47 TOTAL $84,008.13 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 094.1i J. BY TH OURT: e . ekess[az_ r e J. �e& liCL 816835 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 ` 6 Xtioth!ey for Plaintiff CUMBERLAND COUNT '1 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ERIC E. CRESSLER BONNIE S. CRESSLER Defendant(s) . No.: 13 -4562 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 816835 Name and Address Of Sender ' Line 1 2 3 4 5 7 Article Number es** Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1 One Penn Center Plaza Philadelphia, PA 191113 Name of Addressee, street, TENANT/OCCUPA IT 26 APPALACHIAN/TRAIL AKA 26 APPALAC*IAN T, GARDNERS, PA 17324-905, SOVEREIGN BANK, N.A. 450 PENN STREET READING, PA 19602 SOVEREIGN BANK, N.A. 27 INWOOD ROAD ROCKY HILL, CT 06067 Domestic Relations or Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Piinnsyly Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Ad 1000 Liberty Avenue,Room 7 Pittsburgh, PA 15227 US. Department of Jlrstice U.S. Attorney for the Middle Federal Building 228 Walnut Street, Suite 220 TO Box 11754 Harrisburg, PA 17101-1754 RE: ERIC. E. AZK/CET - 06/04/2014 SALE d Post Office Address ROAD tAII; 0 FISERV LENDING.SOLUTIONS a ory ct of PA Postage 50.45 50.45 50.45 50.45 50.45 $0.45 50.45 Tbtal Number of Praxes bard by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Dina Pot stat. Per (Name of ving EmPloyte) Tho full declaration of value is regte1ed on all domstic and international registered mall The maximum indemnity payable for the reconstruction of nonnegotiable documents ander Express Mali document reconstruction insurance is SS0,000 per piece subject to a Omit of $300,000 per occurrence. The nauitnum indemnity payable on Express Mail merchandise is $500. The maximwn indenmity payable Is S25,000 for mpislered mail, sent With optional teller eet. See Domestic Mali Manual R900 5913 and 5921 for limitations of coverage. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f' ILEO -OFFICE Sheriff CF THE PROTHONOTAR`i cow ¢{trrnttr� fin Jody S Smith D Chief Deputy 211111 SEP 18 P# 2: 03 ,,�� ;_ Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA OFFICE OF TKE SKERIFF Wells Fargo Bank, N.A. vs. Eric E Cressler (et al.) Case Number 2013-4562 SHERIFF'S RETURN OF SERVICE 03/27/2014 03:49 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 26 Appalachian Trail Road a/k/a 26 Appalachian Trail, South Middleton - Township, Gardnersq, PA 17324, Cumberland County. 03/27/2014 03:49 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Bonnie Cressler, wife, who accepted as "Adult Person in Charge" for Eric E Cressler at 26 Appalachian Trail Road a/k/a 26 Appalachian Trl, South Middleton, Gardners, PA 17324, Cumberland County. 03/27/2014 03:49 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Bonnie S Cressler at 26 Appalachian Trail Road a/k/a Appalachian Trl, South Middleton, Gardners, PA 17324, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $864.02 SO ANSWERS, August 04, 2014 ici CountySu;te Sheriff. Teleosott. Inc. RONNR ANDERSON, SHERIFF W•t'd ,i . adz o2-a,Spd.'. ,.5V LL /d- ail 92 ,O 31077Y On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered 26 Appalachian Trail Road, a/k/a, 26 Appalachian Trail, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Rea Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-4562 Civil Term Wells Fargo Bank, N.A. vs. Eric E. Cressler Bonnie S. Cressler Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13.4562.CIVIL, WELLS FARGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC. v. ERIC E. CRESSLER, BONNIE S. CRESSLER owner(s) of property situate in SOUTH MIDDLETON TOWNSIDP, CUMBERLAND County, Pennsylva- nia, being 26 APPALACHIAN TRAIL ROAD aka 26 APPALACHIAN TRAIL, GARDNERS, PA 17324.9052. Parcel No. 40-37-2545-025A. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $77,171.97. 44 1 COMMONWEALTH OF PENNSYLVANIA i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edit¢r SWORN TO AND SUBSCRIBED before me this day of May. 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 theatriot-lews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-4562 Civil Term Wells Fargo Bank, N.A. Vs Eric E Cressler Bonnie S Cressler Atty: Joseph Schalk By virtue of a Writ of Execution No. 13.4562.CIVIL WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. v. • ERIC E. CRESSLER BONNIE S. CRESSLER owner(s) pro MIDDLETON situate in SOUTH TOWNSHIP, CUMBERLAND County, Pennsylvania, being 26 APPALACHIAN TRAIL ROAD, AKA 26 APPALACHIAN TRAIL, GARDNERS, PA 17324.9052 Parcel No. 40-37-2545-025A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $77,171.97 This ad ran on the date(s) shown below: 04/13/14 04/20114 04/27/14 nd subscrib-d before me th' ay, 2014 D IC CO HOF PENNSYLVANIA Holly Lynn Seal Y 1 ,-fel r:otary Public V.' `ngton Thy., Dauphin County My Cormnisstri Expires Dec. 12, 2016 MEMt3ER. PENNSVLVAMIA AS. A A1TON 0' E.