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13-5777
,Supreme Cour-t:of Pennsylvania Court m�n,PIeas `�>> ''�,`� For Prothonotary Use Only: +�ivil ve ?,Sheet ^ Cu County Docket No: I The information collected on this form is used solely for court administration put poses. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: GERALD THOMPSON T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits O (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ Checic here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 T f S i )S 9 FRO Tfjo�jO'�T 2 CUr�tSEf�LI���D COUNTY PEWjS YLV COU PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza .Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 11 C Plaintiff, NO.: 1 �j- S l U� vs. GERALD THOMPSON 1397 CREEK ROAD, APARTMENT C BOILING SPRINGS, PA 17007 -9657 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). O aw �ID3.`� 062 -PA -V3 v � ,� 1 2. The Defendant, GERALD THOMPSON, is an individual whose last known address is 1397 CREEK ROAD, APARTMENT C, BOILING SPRINGS, PA 17007 -9657. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about March 31, 2008, GERALD THOMPSON made, executed and delivered to SOVEREIGN BANK a Mortgage in the original principal amount of $140,577.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200810840. 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 June 16, 2008, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200820083. 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. GERALD THOMPSON is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due August 1, 2012. 062 -PA -V3 a 8. As of 09/24/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $140,102.55 Interest 07/01/2012 through 09/24/2013 $ 7,968.03 Late Charges $ 82,22 Escrow Deficit $ 3,915.64 Suspense Balance $ (28.00) TOTAL $152,040.44 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 a in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured and the property securing the mortgage is not the principal residence of the mortgagor. 11. The mortgage premises are vacant and abandoned 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in . a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $152,040.44, 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: lql,3 J Lob , Esq., Id. No.312174 orney for Plaintiff 062 -PA -V3 Exhibit "A" r State of Pennsylvania NOTE March 31, 2008 [Date] 791 Baltimore Pike Gardners, PA 17324 [Property Address] 1 PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means S.)vereign Bank ar,,d its successors and assigns. 2; BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Forty Thousand Five Hundred Seventy Seven And Zero /100 D!311ars (U.S. $ 140,577. 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and one half percent ( 6.500 k) per year until the full amount of principal has been paid. 31 PROMISE TO PAY SECURED I Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date w, this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on May 01 2008 Any principal and interest remaining on the first day of April , 2038 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1130 Berkshire Blvd. , Wyomissing, PA 19610 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 888.55 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and ot'ier items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other [specify] 5„ BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first dpy of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for th'i.; remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a pa..rtial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in wAting to those changes. FE A Pennsylvania Fixed Rate Note - 10/95 W Kluwer Financial Services VMP ®- 1R(PA) 107071 Pap 1 of 2 Initials: ` f � " k 1 . t .. M �i • i j 4 1 1. .k , �.:. t i 61 BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent( 4.000 %) of the overdue amount of each payment. y ; (B) Default i If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in fill] in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used it this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. f (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and e�.penses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7! WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. I Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9 ! OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is .• alien 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. Lender may enforce its rights under this Nbte against each person individually or against all signatories together. Any one person signing this Note may be required to pzy all of the amounts owed under this Note. 1 I . This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) scald Thompson - Borrower - Borrower i • I (Seal) WITHOUT RECOURSE (Seal) - Borrower - Borrower Wells Fargo Bank, N.q. (Seal) (Seal) wJ Borrower Lori K Ven - Borrower 000 a V(Ce PreSldent Loan OMmentation 1 (Seal) (Seal) PAY TO THFh OF - Borrower WELLS FARGO BANK, N.A. WITHO COURSE VMP®- 1R(PA) {0707) SOVE I � B o 2 I � 6 CHE LE TRUMP, ASS SECRE Y a. � ':. 1 � Y Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land and the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof dated April 1971, prepared by T. 0. Bietsch, Registered Surveyor, as follows: BEGINNING at a point in the approximate center line of Legislative Route 94, said point being on line of lands now or late of H.H. McKee; thence by land now or late of H.H. McKee, North 60 1/4 degrees East 379 feet to a stake; thence by lands now or late of Tony Mack, North 33 3/4 degrees West 70 feet to a stake; thence by lands now or formerly of Retta I. Tuckey, South 71 degrees 50 minutes West 229 feet more or less to a point; thence by land now or late of Retta I. Tuckey, South 60 1/4 degrees West 104 feet more or less to a point in the approximate center line of aforesaid Legislative Route 94; thence on the center line of same, South 9 degrees East 124.5 feet to a point, the Place of BEGINNING. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 791 Baltimore Pike, Gardens, Pennsylvania. BEING THE SAME PREMISES which Bryan A. Overstreet and Kristen N. Overstreet, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Gerald R. Thompson. PROPERTY ADDRESS: 791 BALTIMORE PIKE, GARDNERS, PA 17324 -8803 PARCEL #40 -39- 2209 -002. File #: 931043 r VERIFICATION Leola McCray, hereby states that he sh is Vice President Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that he sh is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his he 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. Ala Name: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 09/26/2013 File #931043 086 -PA -V2 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 #: 931043 0 IN THE COURT OF COMMON WELLS FARGO BANK, N.A PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSTLVANIA vs. GERALD THOMPSON �. S7� Ivil Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, i 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: 7 C Date nnature of Counsel for Plaintiff r te: Cn ro Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff P tai Jody S Smith Chief Deputy : OCT 15 Pii 3: .X jP y Richard W Stewart ft :LIMBENLAND Gu reil Solicitor ``"ER'"`" PENNSYLVANIA It; Wells Fargo Bank Case Number vs. Gerald Robert Thompson 2013-5777 SHERIFF'S RETURN OF SERVICE 10/09/2013 03:29 PM- Deputy Dawn Kell, 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: Gerald Robert Thompson at 1397 Creek Road, Apt C, Monroe Township, Boiling Springs, PA 17007. OJLA.Yl . sC.IC�- DAWN KELL, DEPUTY 10/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gerald Robert Thompson, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 791 Baltimore Pike, South Middleton, Gardners, PA 17324. Per defendant residence is vacant. SHERIFF COST: $50.78 SO ANSWERS, October 10, 2013 RON R ANDERSON, SHERIFF (ui Ccu^'r a.f;c heriff reeoscf. A FILE0-OFF I1""'L �iF THE PROTHIONOTEAR A` PHELAN HALLINANZ 1MEC —6 AM 10: 21 Attorney for Plaintiff Adam H.Davis,Esq., Id.No.203034 1617 JFK Boulevard, S01*18 LAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS GERALD THOMPSON CIVIL DIVISION No. 13-5777 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is 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 GERALD THOMPSON is over 18 years of age and last known addresses are 1397 CREEK ROAD, APARTMENT C,BOILING SPRINGS, PA 17007-9657 and 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803. 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 931043 Department of Defense Manpower Data Center Results as of:Dec-05-2013 06:02:14 SCRA 3.0 Pursamt to Servicememben Civil Relief Act Last Name: THOMPSON First Name: GERALD Middle Name: 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 B .,F7)o, NA This response reflecfs`the nidivkluais active tlClyi s` §:Rased on the«Acbve�Ou 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 4I o ,.'V F;.': NA Wh This response reflects ere the individual left active duty slafus xnthtri'387 days preceding lhe.Active Duty Status Date r •' !� �, i 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 'tiiNA �., NA r; y -.:Y` �!No This response reflects whether the 1ndrvKtu31 or`h�slher and has receWed:earty no6ficattoKto 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. Ohm +� i Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 E P'i;QT 10NQTAF�; PHELAN HALLINAN, LLP 2014 JAN --2 AM Ep. 04 Attorney for Plaintiff Emily M. Phelan, Esq., Id.No.315250 1617 JFK Boulevard, Suite 1400 Ql ipERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 emily.phelan @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION GERALD THOMPSON : No. 13-5777 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant GERALD THOMPSON is over 18 years of age and resides at 1397 CREEK ROAD, APARTMENT C, BOILING SPRINGS, PA 17007-9657 and 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 123 11 Phelan @an, LLP Emily . 'helan, Esq., Id. No.315250 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 931043 ^ • Department of Defense Manpower Data Results=*.n��-2mzo5'0e42 Center SCRA 3 0 . Status Report Pursuant to Servieemenibers Civil Relief Act Last Name: THOMPSON First Name: GERALD Middle Name: Active Duty Status As Of: Dec-31-2013 On Active DatY On Active DutY Status Date Active Duty Start Data Active Duty End Data Status Servtca Component This response reflects tire individuals'active duty status based on the Active Duty Status Date ' Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date I Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of . .�- the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4,4,1, ~ Y4. .....44.15,....0 Mary M.Snavely-Dixon,Director Department of Defense Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 . . . - . • . • . .. . . .. . PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) • P.R.C.P. 3180-3183 • . WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS Plaintiff . . .• ' : CIVIL DIVISION .. . . ,. - - . . . : NO.: 13-5777 CIVIL . . . GERALD THOMPSON . - . Defendant(s) . CUMBERLAND COUNTY . - . To the Prothonotary: Issue writ of execution in the above matter: • Amount Due $152,040.44 . . - Interest from 01/08/2014 to Date of Sale * $3,698.52 • ($24.99 per diem) . • • . TOTAL . . . $15 ,738.96 • P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff . . • Note: Please attach description of property. c") 4=> PH#931043 m u) -- rn -2.3u zr -11 il, • _..c • .....1 9.... 1, r"--....... .-, • (itx_43, 'Z' e, S6--- ‘234-'6, • . , -<CD **1, -1 1 :" H. - * . . '.*. SO :-)g. - -: ' • ' - . .l>2. - .t.,-11- Li ii . -c . • SbIL . . . SI p . a I • , . . • . . • • • •• . . .. . .• . . . . ..• • • • . . . . .• . • • . . . . . . . . • . . . . . j3.79v. - . • • . 1. . • . . ' . tf di 4.S .1— . . If , • . &x), ) . . . . . • • X23 M ) < 22 . . • \ , • / \v p m . M . . D / • / • L• m • \/ = " / / f f q • •\�� . & 0 \ 0 � / kd � / � N . / � � k / . q2 / / Z- / . S § 2 3 / Vim . ' /. 2O 1 :. 2 � • • = - o » - 2 $ rE . . . . . . • ~ / \ • g • . \ \ / { • \ / / / 3po = # • • • \ - / \ ® 2 • • • . : /. •>2 < ' .• . . \ • • / / ( m m < \ \ % •• . .A • • • PHELAN HALLINAN, LLP t ' ` (' 1 tt Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 �'. HE i'� i HONG A: 1617 JFK Boulevard, Suite 1400 2014 JAN _7 PH I: 53 • One Penn Center Plaza �+ � Philadelphia, PA 19103 E LAND COUNTY" Jonathan.Lobb @phelanhallinan.com h'P LVANIA . . . .215-563-7000 . WELLS FARGO BANK,N.A. . COURT OF COMMON PLEAS Plaintiff . . : CIVIL DIVISION v. . : NO.: 13-5777 CIVIL GERALD THOMPSON . Defendant(s) .• : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: • (X) •the mortgage is an FHA Mortgage . ( ) the premises is non-owner occupied ( ) the premises is vacant . ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. B y: "->--- . P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff • • WELLS FARGO BANK;N.A. I i f r.g,.�U�fi ,'f ,` : COURT OF COMMON PLEAS Plaintiff LOlti JAN PM CIVIL DIVISION v. '�U, tBFRLAt�D COUNTY NO.: 13-5777 CIVIL GERALD THOMPSON PENNSY(.VANIA Defendant(s) .• • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe • for the Writ of Execution was filed,the following information concerning the real property located at 791 BALTIMORE PIKE, GARDNERS,PA 17324-8803. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GERALD THOMPSON - 1397 CREEK ROAD,APARTMENT C BOILING SPRINGS,PA 17007-9657 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably . . ascertained,please so indicate) GERALD THOMPSON 1397 CREEK ROAD,APARTMENT C BOILING SPRINGS,PA 17007-9657 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) JOEL LEAF 15084 BUSHY PARK ROAD WOODBINE,MD 21797 JOEL LEAF 4660 TRINDLE ROAD SUITE 102 C/O STEVEN R.SNYDER,ESQUIRE CAMP HILL,PA 17011 FIRST AMERICAN ACCEPTANCE CO.,LLC HAYT,HAYT& LANDAU,LLC CIO ARTHUR LASHIN,ESQUIRE 123 SOUTH BROAD STREET SUITE 1660• • PHILADELPHIA,PA 19109 - FIRST AMERICAN ACCEPTANCE CO.,LLC. P.O.BOX 922 EATONTOWN,NJ 07724 - • • 4. Name and address of last recorded holder of every-mortgage of record: - Name. Address.(if address cannot be reasonably ascertained,please indicate) • None. •. • . •• 5. Name and address of every other person who has any record lien on the property: . . Ndme Address(if address cannot be .• • • reasonably ascertained,please indicate) • . • None. PHI#931043 • 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 •• 791 BALTIMORE PIKE . • GARDNERS,PA 17324-8803 'DOMESTIC RELATIONS OF • 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 . •PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 • FEDERAL BUILDING • • I verify that.the statements made in this affidavit are true and correct to the best.of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification•to authorities. Date: 1 10/1Y By: P n Hallinan,LLP • Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 • • • PH#931043 • • • • -UF I•' • • WELLS FARGO BANK, N.A. �A � +7 COURT OF COMMON PLEAS P1 • lllBERL�iND �oU 'T� vs. laintiff : CIVIL DIVISION PE} PENNSYLVANIA : NO.: 13-5777 CIVIL • • GERALD THOMPSON • Defendant(s) : CUMBERLAND COUNTY • • • NOTICE OF SHERIFF'S SALE OF REAL PROPERTY • • TO: GERALD THOMPSON 1397 CREEK ROAD,APARTMENT C BOILING SPRINGS, PA 17007-9657 **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 791 BALTIMORE PIKE, GARDNERS,PA 17324-8803 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$152,040.44 obtained by WELLS FARGO BANK, • • N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. • You may need an attorney to assert your rights. The sooner you contact one, the more chance you will • . . have•of stopping the sale. (See notice on page two on how to obtain an attorney.) . . . • • •.• YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS • • • EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. • - . • • 1: If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the' • • price bid by calling 215-563-7000. • •• 2. You may be able to petition.the-Court to set aside the sale if the bid price.was grossly inadequate compared. 'to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. • 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the sheriff and the Sheriff - gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to.a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A • LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. • CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166. (800) 990-9108 • • • • • • • • SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5777 CIVIL WELLS FARGO BANK,N.A. • • v. . • GERALD THOMPSON owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803 P arcel N_ o. 40-39-2209-002. • (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $152,040.44 • Attorneys for Plaintiff Phelan Hallinan, LLP • • • • • • • • • • • • • LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land and the improvements thereon erected,situate in South • Middleton Township,Cumberland County,Pennsylvania,bounded and described in accordance with a survey and plan thereof dated April 1971,prepared by T.O.Bietsch,Registered Surveyor,as follows: • • • BEGINNING at a point in the approximate center line of Legislative Route 94, said point being on line of lands now or late of H.H.McKee;thence by land now or late of H.H.McKee,North 60 1/4 degrees East 379 feet to a stake;thence by lands now or late of Tony Mack,North 33 3/4 degrees West 70 feet to a stake; • thence by lands now or formerly of Retta I.Tuckey, South 71 degrees 50 minutes West 229 feet more or less to a point;thence by land now or late of Retta I.Tuckey,South 60 1/4 degrees West 104 feet more or less to a point in the approximate center line of aforesaid Legislative Route 94;thence on the center line of same, South 9 degrees East 124.5 feet to a point,the Place of BEGINNING. UNDER AND SUBJECT to covenants,conditions,reservations,restrictions,easements,and right of ways of record. TITLE TO SAID PREMISES IS VESTED IN Gerald Thompson, by Deed from Bryan A. Overstreetand Kristen N. Overstreet, h/w, dated 03/31/2008, recorded 04/07/2008 in Instrument Number 200810839. PREMISES BEING: 791 BALTIMORE PIKE,GARDNERS,PA 17324-8803 . PARCEL NO.40-39-2209-002. • • • • • • • • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5777 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.Plaintiff(s) From GERALD THOMPSON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $152,040.44 L.L.: $.50 Interest FROM 1/8/2014 TO DATE OF SALE($24.99 PER DIEM)-$3,698.52 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.53 Other Costs: Plaintiff Paid: Date: 1/7/14 David D. Buell,Prothonota (Seal) • / �0`/. Deputy REQUESTING PARTY: Name: JONATHAN LOBB,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 . • • Cf: 112 6116'KS l'ITOL-:I.-AF;.1" • . PHELAN HALLINAN, LLP 2014 JA -7 Pig : 7 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 car r 3EF� • 1617 JFK Boulevard, Suite 1400 D COUNT Y One Penn Center Plaza PENNSYLVANIA • Philadelphia, PA 19103 • Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS GERALD THOMPSON : CIVIL DIVISION • - • : No. 13-5777 CIVIL . • • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GERALD THOMPSON, • 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 $152,040.44 TOTAL $152,040.44 I hereby certify that(1) the Defendant's last known addresses are 1397 CREEK ROAD, APARTMENT C, BOILING SPRINGS, PA 17007-9657 and 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. • Date l fcfic.i �� ' `� J an Lobb, Esq., Id. No.312174 q - Attorney Plaintiff • Y. P,tt A DAMAGES ARE HEREBY ASSESSED AS INDICATED. Q a �F p� rte.1 y i DATE: 11/) (1 — "4 PH#931043 PROTHONOTARY . . . . aikkk 616,2. • 931.043 . Q'll. •.._ • . atti3)q4 3oolS . .• . . . . . • • • • • fu(�i., n n c . !P , • • PHELAN HALLINAN,LLP • Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • Jonathan.Lobb@phelanhallinan.com • 215-563-7000 WELLS FARGO BANK;N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS • vs. • : CIVIL DIVISION GERALD THOMPSON : No. 13-5777 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE • The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,as amended. (b) that defendant GERALD THOMPSON is over 1.8 years of age and has last known addresses at 1397 CREEK ROAD, APARTMENT C, BOILING SPRINGS, PA 17007- 9657 and 791 BALTIMORE PIKE, GARDNERS, PA.17324-8803. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. • Date /l e fit( Pln Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP . . • • • • . 1617 JFK Boulevard, Suite:1400 . . . • • • One Penn Center Plaza, Philadelphia, PA 19103 • 215-563-7000 • • ' • • • 931043 • . • • Department of Defense Manpower Data Results as of:Jan-06-2014 12:26:34 . Center • . • SCRA 3.0 r>.1" p, il.,ry , • • -S Status Report . cam. 7 , 1 Pursuant to 'Servicetnern ers Civil Relief Act • • • Last Name: THOMPSON . . • . . • First Name: GERALD . • Middle Name: . • Active Duty Status As Of: Jan-06-2014 . On Active Duty On Active Duty Status Date . Active Duty Start Date Active Duty End Date 11 Fs! Status Service Component NA /4A-, 61'' l4\Y�•7' I.{I•it'Y1u' NNo:'.." NA This response reflects the individuals'active duty status based on the Active Duty Stelus Date }/, ,,• - r " - . Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I ".7"' NA tt No r 1'. ''I NA This response reflects where the"individual left active duty status within 367 days preceding the Active pu• ly Status Date • • The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component . - NA NA• 1-, -�,.. "..7 Z.-7.j.; ' •' No' / NA This response reflects whether the individual or hislher unit has receWed early notification to report for active duty . y • • 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. thi liank., . 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. : CUMBERLAND COUNTY vs. : • COURT OF COMMON PLEAS GERALD THOMPSON : .CIVIL DIVISION : No. 13-5777 CIVIL • Notice is given that a Judgment in the above captioned matter has been entered against you on 1 ) 1 . qp- • • 1 ti-n '' If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT • • ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** • • • • • • 931043 • • • WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS • Plaintiff CIVIL DIVISION . v. GERALD THOMPSON NO. 13-5777 CIVIL Defendant(s) CUMBERLAND COUNTY TO: GERALD THOMPSON • 1397 CREEK ROAD APARTMENT C • • BOILING SPRINGS,PA 17007-9657 DATE OF NOTICE: i ZI 3 1 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TI-US NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO • HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT • PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, . THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED • AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION • • 1.Courthouse Square CUMBERLAND COUNTY COURTHOUSE . • Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 • • By: C42---- • Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff . • Phelan Hallinan,LLP . 1617 JFK Boulevard,Suite•1400 • One Penn Center Plaza • Philadelphia,PA 19103 • PH#931043 .. • • � . • • • WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION • v• GERALD THOMPSON NO. 13-5777 CIVIL Defendant(s) CUMBERLAND COUNTY TO: GERALD THOMPSON • • • • . 791 BALTIMORE PIKE • 1 • • GARDNERS,PA 17324-8803 • • • DATE OF NOTICE:._._ ..rLk J 3 113 _ • 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 MAYBE 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 O1-.14ER 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:.. Ch s©valante P.Fliakos,Esq.,.Id.No.94620 ' Attorney for Plaintiff . Phelan Hallinan,LLP • • • . 1617 JFK Boulevard,Suite 1400 • • • • • • One Penn Center Plaza Philadelphia,PA 19103 ? • . t • i • PH#931043 • • • • • PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT GERALD THOMPSON SERVE GERALD THOMPSON AT: 1397 CREEK ROAD APARTMENT C BOILING SPRINGS, PA 17007 -9657 Ali DAVIIT OF SERVICE CUMBERLAND COUNTY PH # 931043 SERVICE TEAM/ Ixh COURT NO.: 13 -5777 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to GERALD THOMPSON, Defendant on the 1A day of , 20 o'clock ?. M., at (VP' cg E i APT G , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: • S ~ Description: Age . _ Height Description: i Weight Race Sex 1 1 Other I, ` '` , 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 unworn falsification to authorities. DATE: 1T1`LE: pL14:5,s NQT SERVED On the day of , 20, at o'clock M., I, , a competent adult hereby state tha[Sefendant NOTFOUND 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 unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KIM ZIELINSKI Legal Assistant, 1328 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: WELLS FARGO BANK, N.A. VS. GERALD THOMPSON No.: 13-5777 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 Dear Sir/Madam: PR0MONO TAF�.` 23ili MAY 19 All 10: 08 CUMBERLAND COUNTY PENNSYLVANIA Representing Lenders in Pennsylvania No.: 13-5777 CIVIL Enclosed please find an Affidavit of Service Pursuant to Rule 3129.2 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/04/2014 Sheriff Sale.** 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. By: cc: Sheriff of CUMBERLAND County PH # 931043 Very truly yours, Phelan Hallinan, LLP KIM ZIELINSKI, Legal Assistant PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. GERALD THOMPSON Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13-5777 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: 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 931043 ne and lress Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 senaer • one Tenn center x� i Philadelphia, PA 19103 AZK/CET - 06/04/2014 SALE M o �' Article Number Name of Address Street, and Post Office Address Postageill p **** TENANT/OCCUPANT 791 BALTIMORE PEKE a lIII GARDNERS, PA 17324-8803 50.45 g 00 >. ,yq r (� O1 M **** FIRST AMERICAN ACCEPTANCE CO., LLC C/O ARTHUR LASEIIN, ESQUIRE HAYT, HAYT & LANDAU, LLC 123 SOUTH BROAD STREET SUITE 1660o PHILADELPHIA, PA 19109 80.45 c :rte .-'-� ' 1 Q-rva N . 00 **** First American Acceptance Co., LLC. P.O.Box 922 II Eatontown, NJ 0772.4 50.45 f_ 'u1.t4ti **** Joel Leaf 15084 BUSHY PARK ROAD r 80.45 t �f ' �.. WOODBINE, MD 21797/�t""¢r� **** JOEL LEAF C/O STEVEN R. SNYDER, ESQUIRE 4660 TRINDLE ROAD SUITE 102 CAMP HILL, PA 17011 0 50.45 ,. . ; .• l-1 ! "-' 20:4 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 80.45 i�: I **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 v Harrisburg, PA 17105 50.45 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 50.45 I 1 l **** U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 • PO Box 11754 Harr Al17108-1754 50.45 • •�yY��stiq ,r:31�11,I i- •:d' •4G1fik{•j,+9'... ,:g..--., "ytr 1. ;F amber of :isted by Sender i Total Number of Pieces Received at Post Office Postmaster, Pa (Name of Receiving Employee) The full declaration of value is required on alt domestic and international registered mail. The maximum indemnity. payable for the recxanstruction ofnonnegotiabte documents under Express Mail document reconstruction insurance is SS0,000 pe piece subject1 0 per occurrence.The maximum indemnity payable on Express Mail merchandise is 5500. The maximum in limit y payabpayabi0 for gateredmail, h optional insurance. See Domestic Mail Manual R900 S913 and 5921 for limitations of coverage. 3877 Facsimile ZINLI ,JUr -3 IH9: 34 CUM6ERLA;0 COUNTY PENNSYLVANIA 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. Attorney for Plaintiff : CIVIL DIVISION GERALD THOMPSON Defendant(s) : No.: 13-5777 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 931043 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION GERALD THOMPSON Defendant(s) : No.: 13-5777 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: GERALD THOMPSON 1397 CREEK ROAD, APARTMENT C BOILING SPRINGS, PA 17007-9657 Date: P11# 931043 4‘' 7.4fAt • GERALD THOMPSON 791 BALTIMORE PIKE GARDNERS, PA 17324-8803 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff E. !LE -O -1-7c [HC PROTHONOTAIO' 2014 AUG -5 AN IC; 37 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 13-5777 CIVIL GERALD THOMPSON Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above -captioned matter has been continued until 10/01/2014 at 10:00 AM. Date: PH # 931043 ski/ y athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v• : No.: 13-5777 CIVIL GERALD THOMPSON Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: GERALD THOMPSON 1397 CREEK ROAD, APARTMENT C BOILING SPRINGS, PA 17007-9657 Date: PH # 931043 GERALD THOMPSON 791 BALTIMORE PIKE GARDNERS, PA 17324-8803 Jthan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Jr' THE PRO it-16;ito'TA Phelan Hallinan, LLP 2014 SEE:i12; One Penn Center Plaza Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUME,E PL,\J' rf; :ATTORNEY. FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. GERALD THOMPSON Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1 Plaintiff commenced this foreclosure action by filing a Complaint on October 7 Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5777 CIVIL 2013. 2. Judgment was entered on January 7, 2014 in the amount of $152,040.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on October 1, 2014. 931043 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit Suspense/Misc. Credits $140,102.55 $14,579.46 $ 82.22 $1,300.00 $910.40 $45.00 $710.00 $7,029.34 ($28.00) TOTAL $164,730.97 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 25, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 931043 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: (� cll.' By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 931043 3 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. GERALD THOMPSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5777 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GERALD THOMPSON 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 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 931043 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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, 931043 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 931043 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 931043 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 931043 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 931043 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 931043 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX, CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /z piye Phelan Hallinan, LLP By: Adam H. Davis, Esquire Attorney for Plaintiff 8 931043 Exhibit "A" OF I ►'Ro a� , PI LAN HALLINAN; LLP Z414 JAN j Jvnaathan Lobb, Esq., Id. No.312174One Penn Center Plaza . pj I. 4 1617 JFK Boulevard, Suite 1400 CU pE Philadelphia, PA 19 03 N SYL AN1gNTY Jonathan.Lobb@phelanhallinan.corn 215-563-7000 • WELLS FARGO BANK, N.A. vs.. GERALD THOMPSON Attorney for Plaintiff CUMBERLAND, COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 gritQr�3 � E COPY iEAS� PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSET'SMT OF P M " - - e.�}«ES TO THE PROTHONOTARY; Kindly enter judgment in favor of the Plaintiff and against GERALD Defendant(s) for failure to Me an Answer t . .'ntiff's Complaint wtt 20 days from service thereof and for foreclosure and sa} : i. gaged premises, and assess Plaintiff's damages as follows: As set forth in Comp' TOTAL $152,040.44 $152,040.44 c : e endant s as t known addresses are 1397 CREEK ROAD, APARTMENT C, BOILING SPRINGS, PA 17007-9657 and 791 BALTIMORE PIKE, GARDNERS, PA 17324-8803, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. DAMAGES HERBY ASSESSED AS INDICATED. DATE: PH 4 931043 PROTHONOTARY 931043 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 15, 2014 GERALD THOMPSON 1397 CREEK ROAD APARTMENT C BOILING SPRINGS, PA 17007-9657 RE: WELLS FARGO BANK, N.A. v. GERALD THOMPSON Premises Address: 791 BALTIMORE PIKE GARDNERS, PA 17324 CUMBERLAND County CCP, No. 13-5777 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/22/2014. Should you have further questions or concems, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 931043 Name and Address Of Sender Phelan Hallinan, LIP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza line Article Number rmlaaeipnla, r/± I Y I Vd vv. Name of Addressee, Street, and Post Office Address Postage 2 •••• GERALD THOMPSON 1397 CREEK ROAD. APARTMENT C BOILING SPRINGS, PA 17007.9657 $0.47 3 +++• GERALD THOMPSON 791 BALTIMORE PIKE GARDNERS, PA 17324-8803 S0,47 RE: GERALD THOMPSON (CUMBERLAND) PH # 931043/1200 Page I of I $0.94 Total Number of Pi000i listed by Sender Tool Nun t,cr of Pltza . Pea ked:ni Pao office Postnaster, Per (Mont of Receicia0 Employee) The fail declereiion of value is required on all domestic marl international ret;istacd mail The for the rea,nctnoction of nonnegotiable doeune a undo Eoprcas Mail document Ieconstructie piea'subject io a limit oT 5500,000 per ocmmence. The masimum indemnity payable on exp The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance, R9005913 and5921 for iAmtadnas ofe c'ees e, Form 3877 3877 Facsimile 931043 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5777 CIVIL GERALD THOMPSON 1397 CREEK ROAD APARTMENT C BOILING SPRINGS, PA 17007-9657 DATE: GERALD THOMPSON 791 BALTIMORE PIKE GARDNERS, PA 17324-8803 Phelan Hallinan, LLP By:.i�" Adam H. H. Davis, Esquire ATTORNEY FOR PLAINTIFF 931043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5777 CIVIL AND NOW, this /1- day of ahw 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COU/RT ./7 J. 931043 dam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 GERALD THOMPSON 1397 CREEK ROAD APARTMENT C BOILING SPRINGS, PA 17007-9657 Ies azity:r.L lop,y / lihRALD THOMPSON 791 BALTIMORE PIKE GARDNERS, PA 17324-8803 931043 931043 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5777 CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute SROF 2013-S3 REO I LLC as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: SROF 2013-S3 REO I LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 10/08/2014 in Instrument No. 201422944 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. C( Kttt By: Courte.: R. I unn, Esq., Id. No.206779 Attorney for Plaintiff PH # 931043 c q1sz pdQ*� ku PIL4ec,Zeh 4- 3i 3i0 V Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5777 CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of SROF 2013-S3 REO I LLC, located c/o SPECIALIZFD LOAN SERVICING LLC. 8742 LUCENT BLVD., SUITE 300, HIGHLANDS RANCH, CO 80129 Date: C (CI CCGt PH # 931043 PHELAN HA INAN LLP By: Courtenay R. Dunn, Esq., Id. No.2067 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5777 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SROF 2013-S3 REO I LLC. Date: PH # 931043 llre4fGc_ PHELAN HALL LP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. GERALD THOMPSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5777 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to SROF 2013-S3 REO I LLC, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: GERALD THOMPSON 1397 CREEK ROAD, APARTMENT C BOILING SPRINGS, PA 17007-9657 Date: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson_�7-Crf� f:�.. Lf - ^"" Sheriff t' ii O i i A O T ,:-.. Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE Cw Oe THE SHE IFF 2 5 JA:i 12 NI If CUMBERLAND COUNTY PFNNSYLVANIA Wells Fargo Bank National Association vs. Gerald Robert Thompson Case Number 2013-5777 SHERIFF'S RETURN OF SERVICE 03/21/2014 Deputy Jeff Kolodzi, 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: Gerald Robert Thompson at 1397 Creek Road, Apt C, Monroe Township, Boiling Springs, PA 17007, Cumberland County. 03/25/2014 06:23 PM - Deputy Dawn Kell, 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 791 Baltimore Pike, South Middleton - Township, Gardners, PA 17324, Cumberland County. 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/29/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 10/01/2014 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 on October 01, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk on behalf of Wells Fargo Bank. SROF 2013-S3 REO II LLC, being the buyer in this execution, paid to the Sheriff the sum of $872.68 SHERIFF COST: $872.68 SO ANSWERS, January 12, 2015 RONhIS' R ANDERSON, SHERIFF ountySu: e Sneriff.'Feleosoft. inc.