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HomeMy WebLinkAbout13-6465 . � Supreme Court of Pennsylvania Cour Common Pleas 6 f .; , r y ` For Prothonotary Use Only: tvllt C:over Sheet CUMBERLAND"' � �� ` County Docket No: a . � I � Cep The information collected on this form is used solely for court administration purposes. This form does not sup lenzent or re lace the tlirz and service of leadin s or other a ers as required b law or rules o court. S Commencement of Action: Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Juris diction 0 Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: CHARLES V. WHITE T I Dollar Amount Requested: 0 within arbitration limits Are money damages requested? El Yes 0 No O (Check one) Z outside arbitration limits N Is this a Class Action Suit? 0 Yes Z No Is this an MDJ Appeal? 0 Yes Z No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb Esq., Id No 312174 Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Sej 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 O Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other 0 Product Liability (does not S include mass tort) 0 Employment Dispute: 0 Slander/Libel/ Defamation Discrimination E 0 Other: 0 Employment Dispute: Other 0 Zoning Board C 0 Other: T I MASS TORT 0 Other: 0 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: • Medical O Other: • Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 I - 1 Ovo TA i-i AH 10: 1 8 ER L , coU�d! Y Pt:14�js YLVA.pdIA 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 Plaintiff, NO.:) vs. CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013 -4264 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'). GQ W A 9 113 .) s u 062 -PA -V3 2. The Defendant, CHARLES V. WHITE, is an individual whose last known address is 515 THORNWOOD LANE, CARLISLE, PA 17013 -4264. 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 November 30, 2005, CHARLES V. WHITE made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR UNITED EQUITY, LLC a Mortgage in the original principal amount of $136,000.00 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 1934, Page 1599. 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 August 27, 2013, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201328454. 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. CHARLES V. WHITE 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 July 1, 2013. 062 -PA -V3 I 8. As of 10/25/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $126,269.48 Interest From 06/01/2013 to 10/25/2013 $1,700.74 Late Charges $103.83 Escrow Advance $1,166.99 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $129,241.04 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right, to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $129,241.04, 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: �� I q l j 3 JpOathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" NOTE NCAMbw 30, 2005 TOWSON Maryland feral 100 [S+ate1 515 THOFU*KM IS, CARLISLE, PA 17013 [Property AddreasJ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 136, 000.00 (this amount is called "Principal"), plus interest, to the order of the bender. The Lender is UNMD BQUI'1'Y, LTC. I will make all payments under this Note in the t 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 tinder this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unp aid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.375 a /0. { The interest rate required by this Section 2 is the rate I will pay both before and after any default described in •1 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. 1 will make my monthly payment on the 1st day of each month beginning on February, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. 'If, on January 1, 2036 . I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly Payments at LV= D� , 1W. , ONE WEST PI3RUMVANIA AVE, STE 300A, TOWSON, NO 21204 or at a different place if requited by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 939.32 4. BORROWER'S RIGHT TO IPREPAY 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, l 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 fidl 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. MIN: Mdttcmte 14"d Rate Note —Single Famity —Faode MadFreddk Mac UNIFORM INSML74 NT Form 3m0 01101 —Trm ComniMas Souvzr, n<C.— Pale 1 of 3 ALLON ,.wo• a,mpli..aoauosoom a S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected 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 tmder 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 15 calendar days agar the date it is due, I will pay a We 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. (13) 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[ am in default, the Note Holder may send me a written notice telling me that if l 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 frill as described above, the Note Holder will still have the right to do so if I am in default at a Ida 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, & OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fiilly 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 anyone 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. 1 "Presentment" means the right to require the Note Holder to demand payment of amounts duo. "Notice of Dishonor" means the right to requite the Nae Holder to give notice to other persons that amounts due have not been paid. 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 Maltlrtatt Find lt ,Mott— SulgteFonD — 4 UNU?MMU49MWAENT Form 3200 elgr —T1m CoMpunrrtx Sovacs, InG— Page I of IUKMI U= "'^"°°^'VI+"°°°��� erOG0. 71ro eoapama Hover, Inn 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 may be required to make immediate payment in full of all amounts 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 Properly is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrumrent. However, this option shall not be exercised by Lander 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 Iastnmternt 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. WPPNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) CHMUM V wIiITE - Saermwr - Harower (Seal) (Seal) - Botrowa - Eimower (Sip Original 0,dyf M%d*Ute Fried Rate ftle Sitto Femay —FanWt J7a &,tdfe Mw t7NUMM MMUMWT —THR COMMA vCt SOVRM INC.— Pa=e 3 *0 vw.wadakvwaccmm , a ewa, .o. LENDER: UNITED EQUITY, IIC. BORROWI.R: CHARDS V WHITE PROPERTY: 515 THORNWOOD IN, CARLISLE, PA 17013 ENDORSEMENT ALLONGE TO NOTE This Allonge to Note is to that certain Note dated November 30, 2005 , executed by CHARDS V WHITE in the amount of $ 136, 000.00 , in favor of UNITED EQUITY, LLC. as payee. This Allonge is affixed and becomes a permanent part of said Note. PAY TO THE ORDER OF OHIO SAVINGS BANK WITHOUT RECOURSE. LENDER UNITED EQUITY, LW. Signature By: , Cleveland, Ohio PAY TO THE GRDER Printed Name: I ���E' /)j�/�.T /e/ Without Recourse Title r�uiede.��er,��. OHIO SAll1NGa BANK i+ fka OHIO SA' /!; BY: Pandora Ward Authoriz.1d Agegt EndorsementAllunge to Note ('Multistate) Ohio Swings Bank Page t of 1 IEHM: MITE EWIT'Y, Izz. : CHARLES V WME PRDPER'891: 515 THORW00D LN, C,ARLISGE, PA 17013 NA AFd MDtSVIT Words used in this Affidavit are defined below. Words in the singular men and include the plural and vice verse. "Borrower" is COMM V WH r1E "Lender" is Ma7m EQL=, Lyre. and itq successors or assigns. "Loan" means the debt evidenced by the Note and all sums due under the Seraaity Instrument. "Note" means the promissory note(s) dated Nooveober 30, 2005 , signed by Borrower in favor of Lender. " Security Instruanent" means the Deed of Trust/Mortgage/Secraity Deed/Seearity Iner mrent signed by Borrower im favor of Lender, securing payment ofthe Note. BEFORE MF, the undersigned authority duly author iced to take aclmowledgements and administer oaths, on this day personally appeared Borrower, who upon being duly swam on oath stated the following: 1. I an the same perso i named in the Note and the Security Instrument 2. 1 solemnly swear before a Notmy public that I am one and the same person ex No new variances unless listed below 3. t also swear and affum that the signature below is my true and exact: signature for execution of the Loan documentation. 4. I mWerstand that this Affidavit is given as a material inducement to cause Lender to make the Loan to me and that any Use staterimu, misrepresentations or material amissions may result in civil and criminal penalties. CHAMS V WINE Subscribed and swam to before me an / / /�o� Notary Public in and for the rtag or COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanine D. Leoper, Notary Pubic Greene Twp., Fiaridin Courtly MY Commission E)Vres May 23, 2009 Member, Pennsylvania Association of Notanes Nazae Afdevn OWutdsrate) —'lire Comna uvd Sovaee, nrc,— Page r of 1 . •.vw. wnpi..r�ow, may Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND LOCATED ON THE NORTH SIDE OF THORNWOOD LANE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF THORNWOOD LANE, WHICH POINT IS IN THE LINE DIVIDING LOTS 15 AND 16 AS SHOWN ON THE PLAN OF SECTION 2 OF FOREST PARK RECORDED IN PLAN BOOK 16 PAGE 54; THENCE WESTWARDLY ALONG THE NORTH SIDE OF THORNWOOD LANE BY A CURVE IN THE LEFT HAVING A RADIUS OF 1060.0 FEET, A DISTANCE OF 100 FEET TO A POINT IN THE LINE DIVIDING LOTS 14 AND 15 AS SHOWN ON SAID PLAN; THENCE ALONG THE LINE DIVIDING LOTS 14 AND 15, NORTH 04 DEGREES 59 MINUTES 20 SECONDS WEST 110.30 FEET TO A POINT AT THE RIGHT -OF -WAY LINE OF INTERSTATE 81; THENCE EASTWARDLY ALONG THE RIGHT OF WAY LINE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1106.28 FEET A DISTANCE OF 47.28 FEET TO A POINT; THENCE ALONG SAID CONTINUED RIGHT OF WAY LINE NORTH 01 DEGREES 28 MINUTES 20 SECONDS EAST, 16 FEET TO A POINT THENCE ALONG SAID CONTINUED RIGHT -OF -WAY LINE, SOUTH 88 DEGREES 31 MINUTES 40 SECONDS EAST, 62.70 FEET TO A POINT IN THE LINE DIVIDING LOTS 15 AND 16 OF SAID PLAN; THENCE BY SAID DIVIDING LINE, SOUTH 0 DEGREES 25 MINUTES WEST, 120.20 FEET TO THE PLACE OF BEGINNING. THE IMPROVEMENTS THEREON BEING KNOWN AS: 515 THORNWOOD LANE, CARLISLE, PA 17013. PROPERTY ADDRESS: 515 THORNWOOD LANE, CARLISLE, PA 17013 -4264 PARCEL #04 -22- 0481 -177. File #: 934010 VERIFICATION Darren 011am, hereby states that h /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that &she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o his 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: Darren 011am Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 10 /29/2013 086 -PA -V2 File #:934010 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. CHARLES V. WHITE �CQ Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference 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: 3 lfi� Date r t� ` -�; C . 0 ' -' o nathan Lobb, Esq., Id. M ,-� ;� No.312174 Attorney or Plaintiff y CD ✓. y Q D . FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: 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 °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 Sup ort/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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION UWe, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 934010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson z Sheriff t $�+r,beef iii Jody S Smith Chief Deputy �' �i ► Richard W Stewart CUMBERLAND COUNTY Solicitor ;`Y w F"s "m ' ? PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number Charles V. White 2013-6465 SHERIFF'S RETURN OF SERVICE 12/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Charles V. White, 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 Found"at 515 Thornwood Lane, Carlisle Borough, Carlisle, PA 17013. Residence is now vacant. SHERIFF COST: $60.12 SO ANSWERS,z(-07. December 06, 2013 RONIY R ANDERSON, SHERIFF ! r,` • Phelan Hallinan,LLP • - i°111 JAN 3 • 1b17 JFK.Bdulevard,Suite 1400. ' W a A 10-2 3 •• One Penn Center Plaza . • • '"'fi S RL YL' CQUj T(e P • hiladelphia,PA 19103 • PENNs t ' •• 215-563-7000 �/A Attorney for Plaintiff WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. CUMBERLAND County CHARLES V. WHITE • Defendant • No. 13-6465-CIVIL • MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, CHARLES V. WHITE, by first class mail to CHARLES V. WHITE at the mortgaged premises, 515 THORNWOOD LANE, CARLISLE, PA 17013-4264; posting of the mortgaged premises, 515 THORNWOOD LANE, CARLISLE, PA 17013-4264; and publication pursuant to Pa. R.C.P. 430, and in support . thereof avers the following: 1. Attempts.to serve Defendant, CHARLES V. WHITE,personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 515 THORNWOOD LANE, CARLISLE, PA 17013- 4264. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit A . 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific 934010 • - • . inquiries as to the Defendant's whereabouts•and the results thereof is attached hereto, made part • • . • hereof, and'marked as Exhibit "B". .. 3. Plaintiff contacted the Prothontary's Office and as of January 7, 2014, no Judge has previously entered a ruling in this case. 4. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 7, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs January 7, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORES Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELA►• .AL.i AN, LLP Date: 1 1131. (k-f By: ANN Ph•lan all .n,LLP Jona. ar M. Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 934010 • • • 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. • Court of Common Pleas Plaintiff • • Civil Division vs. CUMBERLAND County CHARLES V. WHITE • Defendant • No. 13-6465-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant,CHARLES V. WHITE, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 515 THORNWOOD LANE, CARLISLE, PA 17013-4264. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of • due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why 934010 • service cannot be made. Pa.R.C.P. 430(a) (2099). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries • of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a)n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve.the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. 934010 • WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order • pursuant to Pa.R.C.P. 430 directing service of the Complaint.by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: Z ( By: onat•.n . Etkowicz, Esq., Id. No.208786 A orney for Plaintiff • • • • 934010 • Exhibit "A" • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L L_ - -:,_ Sheriff • . . • • ci�t0 of La eb,,,..Y�'d �;^ i ; • Jody S Smith •Chief Deputy 01(`t l uLu P j Richard W Stewart = ,_ CUMBERLAND COUNTY Solicitor ')14,1.'F'"`E, "E41F` PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Charles V. White 2013-6465 SHERIFF'S RETURN OF SERVICE 12/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Charles V. White, 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 Found"at 515 Thornwood Lane, Carlisle Borough, Carlisle, PA 17013. Residence is now vacant. SHERIFF COST: $60.12 SO ANSWERS, December 06,2013 RONNY ANDERSON, SHERIFF • Ct,,,,:,.3u,te 3haor.lerr,R,c,z - C. • • • • • • • Exhibit "B" • • • • • • AFFIDAVIT OF GOOD.FAITH INVESTIGATION • File Number: 934010 Attorney Firm: Phelan,Hallinan,LLP Subject: Charles V. White • Current Address: 515 Thornwood Lane,Carlisle,PA 17013 Property Address: 515 Thornwood Lane,Carlisle,PA 17013 Mailing Address: 515 Thornwood Lane,Carlisle,PA 17013 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Charles V. White-xxx-xx-1916 B. EMPLOYMENT SEARCH Charles V. White-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Charles V.White reside(s) at:515 Thornwood Lane,Carlisle,PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Charles V. White. B. On 10-25-13 our office made a telephone call to a possible phone number of the • • subject(s) (717) 713-4200 and received the following information:.spoke with an unidentified male who confirmed that Charles V.White reside(s) at:515 Thornwood Lane, Carlisle,PA 17013. . III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-25-13 we reviewed the National Address database and found the following information: Charles V.White-515 Thornwood Lane,Carlisle,PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS As of 10-25-13 Vital Records and all public databases have no death record on file for Charles V. White. • • • . V.ADDITIONAL INFORMATION OF SUBJECT • A. YEAR OF BIRTH • Charles V.White-1972 . • B. A.K.A. • Charles Vincent White • *Our accessible databases have been checked and cross-referenced for the above named individual(s). • *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C. - Sec.4904 relating to unsworn falsification to authorities. v f The above information is obtained from available public records and we are only liable for the cost of the affidavit. • • . •• . Exhibit "C" Phelan Hallinan, LLP , . • • 1.617 JFK Boulei,ard, Suite 1400. One Penn Center'Plaza • - • . • Philadelphia, PA 19103 2`15-56 3-7t_li_it) FAX :: 215 '.-::6 -76l6 Jason Seidman,Ext 1394 Representing Lenders in Service Department Pennsylvania aanuary172014 CHARLES V. WHITE 515 THOR.NWOOD LAPP CARLISLE,PA 17013-4264 RE: WELLS FARGO BANK,N.A. v. CHARLES V. WHITE Premises Address: 515 THORNWOOD LANE,CARLISLE, PA 17013-4264 CUMBERLAND County.. .No. 13-646.5-CIVIL Dear Defendant. Enclosed please find a true and correct copy or my proposed \lotion for Special Service and Order. In accordance with CUMBER"AND County Local Rule 205.3(9), 1 am seeking concurrence with the requested relief that is. service of the complaint by first class mail and kis in of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact Inc. Otherwise,please lie.guided accordingly: . .•. �je ul rs; t r .1 >rtat , tt. ' Etkowicz, Esq., Id. Nor 20 %g6 t:tr:ney for Plaintiff 9,-1011] • tr l 0Z LO Pit' t 61 t$MI, l „:1,3 C v rn• -099 1.00 $ E01,61. d,7 :: ,! Cr* • • is..rr:'""" w •4 ,ii. . . •Att�« lfd aril "� _ • • .. .* 4 4 -: s s . • C N. 1111 • g • ILEI - *.t 0 afitt 1 S a..4 g 3`_t` a d • 4z- 4f - et X g 4 I ( g• . o 0. 11' O C V . • d g ytcax G tea. 1 , � Ig iss,00 .- 1d� uq • 4 s; e d p u :; .� .= 2 mew a. - wac. wwnU04 g . .1 E 3• 1 I t- s t0 +- Q °a� S.0- .4!0 t : ra. T - . rSx ‘g,11 I] i 1 CA ` t v;' Y .„ a: o`+'• 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. • Court of Common Pleas Plaintiff : • • Civil Division vs. • • CUMBERLAND County CHARLES V. WHITE Defendant • No. 13-6465-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE,PA 17013-4264 The undersigned understands that this statement is made subject to the penalties of 18 Pa. . • C.S. §4904 relating to unsworn falsification to authorities. . Respectfully submitted, PHELAN H; LI ll'N, LLP - G glAr. 2 p l Date: By: e Jonathal . Etkowicz, Esq., Id. No.208786 Attorne •r Plaintiff 934010 • • • • • IN THE COURT OF COMMON PLEAS . • • . . . CUMBERLAND COUNTY,PENNSYLVANIA • . . WELLS FARGO BANK, N.A. • Court of Common Pleas Plaintiff • Civil Division vs. CUMBERLAND County CHARLES V. WHITE • Defendant • No. 13-6465-CIVIL ORDER AND NOW, this /O- day of 7410n , 20 I/ , upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant, CHARLES V.WHITE, by: 1. Posting of the premises: 515 THORNWOOD LANE, CARLISLE, PA 17013-4264 by the Sheriff or a pon-party competent adult; and • 2. First class mail to CHARLES V.WHITE at the mortgaged premises located at 515 THORNWOOD LANE, CARLISLE, PA 17013-4264. Service by mail is complete upon the date of mailing. m 0 m r" r*, i r.-- =7,2 CX) cf)r — > © <D ' C C11 = ", PH#934010/NRU • • • • • It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file : • a certificate of service with the'Prothonotary's office to ensure compliance with.this Court Order. • BY T E COURT: J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth i• this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the ent this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conf c mity with this Order. CC: CHARLES V. WHITE 515 THORNWOOD LANE, CARLISLE,PA 17013-4264 • • cer Y .1. 8. «Z to/it( PH#934010/NRU • . l'• i>.ROTHONfi-TA 'i' • . . PHELAN HALLINAN,LLP • .• 2014 FEB 24 11 9:- 1 7* • Emily M.Phelan,Esq.,Id.No.315250 • 1617 JFK Boulevard,Suite 100 . . • . CUMBERLAND COUNTY - • One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 emily.phelan@phelanhallinan..com . . - .• • .. .215-563-7000 • • • •• . • . . • .. • • . ••. . • • — - . .. • • • . • . . WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff . •- . : CIVIL DIVISION • . . • vs. : CUMBERLAND COUNTY • CHARLES V. WHITE : No. 13-6465-CIVIL Defendants • • • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE • . . . .. .. . . • -• . . - • - - - — •. . TO THE PROTHONOTARY: • • Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. •PHE • a HALLINAN,LLP - . By: :f oop • Emily /Phelan, Esq., Id. No.315250 • Attorney for Plaintiff Date: (4.7.V'eAV • • • • • /nru, Svc Dept. •• . •• • • . • .• .. • . .' File#934010 -: ' . . , .. . . . . . • . . .. _ • (e) ..\._ •U I\,1SPci a 41 rom.., %-' eALA, 129Lactic. Phelan Hal linan, LLP Emily M. Phelan, Esq., Id. No.315250 emily.phelan@phelanhallinan.com 2 Li MAR -6 AM tu AILTORNEYS FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. CHARLES V. WHITE Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-6465-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, CHARLES V. WHITE at 515 THORNWOOD LANE, CARLISLE, PA 17013-4264 on February 28, 2014, in accordance with the Order of Court dated February 10, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DA,, PH # 934010 By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 03/26/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 13- 6465 -CIVIL WELLS FARGO BANK, N.A. DEFENDANT CHARLES V. WHITE TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 515 THORNWOOD LANE, CARLISLE, PA 17013- XX Civil Action 4264 Complaint on Promissory Note • ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE * * * ** ** *ATTACHED COURT ORDER * * * * ** Served �" 'I Posted and made known CHARLES V. WHITE, Defendant on the I2'- day of 44472..0 (-/ . 20 Iq at t 50 o'clock, . M., at 515 THORNWOOD LANE, CARLISLE, PA 17013 -4264, in the manner described below: Defendant personalty served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name /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 office of said defendant company. V Other: POSTER 1147- fPROPERT y Description: Age Height Weight Race Sex Other I Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captio case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 re ying t unsworn fals'ficatio •. to authorities. S(1..-(t DATE: (1..-(I NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at _ Service Refused Other: PH # 934010 at —1 4: PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. CHARLES V. WHITE 2014THE PROTHONOTAt JUL 15 Ari 10: 26 Attorney for Plaintiff CUMBERLAND COUNTYANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6465 -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) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant CHARLES V. WHITE is over 18 years of age and resides at 515 THORNWOOD LANE, CARLISLE, PA 17013-4264. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phan 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 934010 bepartment of Defense Manpower Data Center Results as of : Jul -14-2014 12:05:58 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: WHITE First Name: CHARLES Middle Name: V Active Duty Status As Of: Jul -14-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the indi/idual 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 Duly Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit hasreceivedearly notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 r1 C:161 PHELAN HALLINAN, LLP Mit it JUL 1 { Adam H. Davis, Esq., Id. No.203034CJf !�' l 1617 JFK Boulevard, Suite 1400 PENNS),Lv0 COUNTY One Penn Center Plaza VI;jA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS CHARLES V. WHITE : CIVIL DIVISION : No. 13 -6465 -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 CHARLES V. WHITE, 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 $129,241.04 TOTAL $129,241.04 I hereby certify that (1) the Defendant's last known address is 515 THORNWOOD LANE, CARLISLE, PA 17013-4264, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 7/7L/` F Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1(I (414 PH # 934010 PROTHONOTARY 3ui J s 16, Sb ea. Ck.0 143 NO. 934010 RH 3o %-s a� No ,decd { PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CHARLES V. WHITE : No. 13 -6465 -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) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant CHARLES V. WHITE is over 18 years of age and resides at 515 THORNWOOD LANE, CARLISLE, PA 17013-4264. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date -7(c 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 934010 Department of Defense Manpower Data Center Results as of : Jul -15-2014 12:07:06 AM SCRA 3.0 Status Rort Pursuant to Servicernembers Civil Relief Act Last Name: WHITE First Name: CHARLES Middle Name: V Active Duty Status As Of: Jul -15-2014 On Active Duly On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active dutystatus based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active -duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA • - No NA This response reflects whether the individual or his/her un ft has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,`based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS CHARLES V. WHITE : CIVIL DIVISION : No. 13 -6465 -CIVIL against you on Notice is iven t1hat a Judgment in the above captioned matter has been entered 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.** 934010 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL, DIVISION CIIAR.LES V. WHITE NO. 13 -6465 -CIVIL Defendant(s) TO: CHARLES V. WHITE 515 THORN WOOD LANE CARLISLE, PA 17013-4264~ DATE OF NOTICE: }' / i 9 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A BEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PII # 934010 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Mid ael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. Charles V. White Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/17/2014 to Date of Sale ($21.25 per diem) TOTAL Note: Please attach description of property. PH di 934010 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6465 -CIVIL CUMBERLAND COUNTY $129,241.04 $2,975.00 $132,216.04 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff sbtL e.U.1.- IL/3719a ck 3r:4 -sag 22. LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the North side of Thornwood Lane in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the on the North side of Thornwood Lane, which point is in the line dividing Lots 15 and 16 as shown on the Plan of Section 2 of Forest Park recorded in Plan Book 16, Page 54; thence westwardly along the North side of Thornwood Lane by a curve to the left having a radius of 1060.0 feet, a distance of 100 feet to a point in the line dividing Lots 14 and 15 as shown on said Plan; thence along the line dividing Lots 14 and 15, North 04 degrees 59 minutes 20 seconds West, 110.30 feet to a point at the right-of-way line of Interstate 81; thence eastwardly along said right-of-way line by a curve to the right having a radius of 1106.28 feet, a distance of 47.28 feet to a point; thence along said continued right-of-way line North 01 degrees 28 minutes 20 seconds East, 16 feet to a point; thence along said continued right-of-way line, South 88 degrees 31 minutes 40 seconds East, 62.70 feet to a point in the line dividing Lots 15 and 16 of said Plan; thence by said dividing line, South 0 degrees 25 minutes West, 120.20 feet to the Place of BEGINNING. SAID premises are known as Lot 15 on the aforesaid Plan of Lots TITLE TO SAID PREMISES IS VESTED IN Charles V. White, single man, by Deed from Stephen D. Tiley, esquire, attorney-in-fact for David J. Edgren and Kathleen L. Edgren, h/w, dated 06/06/2003, recorded 06/10/2003 in Book 257, Page 2542. PREMISES BEING: 515 Thornwood Lane, Carlisle, PA 17013-4264 PARCEL NO. 04-22-0481-177. 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. Charles V. White Defendant(s) FILED -OFFICE ur i HE PPOTHONOT, F 201 I JUL 16 0110:i L CUMBERLAND p COUNT Y PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -6465 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: l/ it't-A,4?'� Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.20303/. Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff u' v. Charles V. White Defendant(s) ED -OFF E ? RO! V SONO TA 2014 JUL 16 NM 10: 14 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6465 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 515 Thornwood Lane, Carlisle, PA 17013- 4264. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 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 None. Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 934010 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 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: oz.rt By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 934010 • Wells Fargo Bank, N.A. Charles V. White sLEtD,,-,,(iiii �1.. THF PRO 3NO IAk':.,P 2314 JUL 16 AM 10: 14 CUMBERLAND COUNTY PENNSYLVANIA vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 13 -6465 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles V. White 515 Thornwood Lane Carlisle, PA 17013-4264 **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 515 Thornwood Lane, Carlisle, PA 17013-4264 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $129,241.04 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 -6465 -CIVIL Wells Fargo Bank, N.A. V. Charles V. White owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 515 Thornwood Lane, Carlisle, PA 17013-4264 Parcel No. 04-22-0481-177. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $129,241.04 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the North side of Thornwood Lane in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the on the North side of Thornwood Lane, which point is in the line dividing Lots 15 and 16 as shown on the Plan of Section 2 of Forest Park recorded in Plan Book 16, Page 54; thence westwardly along the North side of Thornwood Lane by a curve to the left having a radius of 1060.0 feet, a distance of 100 feet to a point in the line dividing Lots 14 and 15 as shown on said Plan; thence along the line dividing Lots 14 and 15, North 04 degrees 59 minutes 20 seconds West, 110.30 feet to a point at the right-of-way line of Interstate 81; thence eastwardly along said right-of-way line by a curve to the right having a radius of 1106.28 feet, a distance of 47.28 feet to a point; thence along said continued right-of-way line North 01 degrees 28 minutes 20 seconds East, 16 feet to a point; thence along said continued right-of-way line, South 88 degrees 31 minutes 40 seconds East, 62.70 feet to a point in the line dividing Lots 15 and 16 of said Plan; thence by said dividing line, South 0 degrees 25 minutes West, 120.20 feet to the Place of BEGINNING. SAID premises are known as Lot 15 on the aforesaid Plan of Lots TITLE TO SAID PREMISES IS VESTED IN Charles V. White, single man, by Deed from Stephen D. Tiley, esquire, attorney-in-fact for David J. Edgren and Kathleen L. Edgren, h/w, dated 06/06/2003, recorded 06/10/2003 in Book 257, Page 2542. PREMISES BEING: 515 Thornwood Lane, Carlisle, PA 17013-4264 PARCEL NO. 04-22-0481-177. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. CHARLES V. WHITE WRIT OF EXECUTION NO 13-6465 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $129,241.04 L.L.: $.50 Interest FROM 7/17/2014 TO DATE OF SALE ($21.25 PER DIEM) - $2,975.00 Atty's Comm: Atty Paid: $220.62 Plaintiff Paid: Date: 7/16/14 (Seal) 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 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonot Deputy Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ED -OF OE E PRO THONO iAP,Y 20 11;jL`G 14 A1110: 05 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division v. CHARLES V. WHITE 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 November 5, 2013. CUMBERLAND County No.: 13 -6465 -CIVIL 2. Judgment was entered on July 16, 2014 in the amount of $129,241.04. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 934010 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 August 14, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit $126,269.48 $5,123.60 $103.83 $2,350.00 $647.28 $15.00 $565.00 $2,726.13 TOTAL $137,800.32 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's 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 August 13, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for a Motion for Service Pursuant to Special Order of Court dated February 10, 2014. 934010 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin F. ATTO 3 eski EY FO squire PLAINTIFF 934010 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. CHARLES V. WHITE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6465 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CHARLES V. WHITE 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 515 THORNWOOD LANE, CARLISLE, PA 17013-4264. 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 934010 1 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, 934010 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). 934010 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 Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 934010 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 Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 934010 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 934010 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 934010 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: gl 13//1t By: Phelan Hallinan, LLP Justin ' Kobeski, Esqu re Att.1 ey for Plaintiff 8 934010 Exhibit "A" Q IHE R ONOR �� TA PHELAN HALLINAN, LLP 2014 �' Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 �M [Qa 1617 JFK Boulevard, Suite 1400 CUMBERLAND CQ(JN One Penn Center Plaza PENNS YLVAN1q TY Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS CHARLES V. WHITE `�i PLS' _,VIL DIVISION a N �s �� a%No.13-6465-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 CHARLES V. WHITE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and salel f the morlagegartrtorlind assess Plaintiff s damages as follows: 1 101°"" 'LEASE R As set forth in Complaint $129,241.04 TOTAL $129,241.04 I hereby certify that (1) the Defendant's last known address is 515 THORNWOOD LANE, CARLISLE, PA 17013-4264, and (2) that notice 11 .12n in accordance with Rule Pa.R.C.P 237.1. illi W tik PLEASE REWR Date 7/767 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: --7(ko K PH # 934010 PROTHO Y 934010 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 August 7, 2014 CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 RE. WELLS FARGO BANK, N.A. v. CHARLES V. WHITE Premises Address: 515 THORNWOOD LANE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 13 -6465 -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 8/12/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V t .;y yours, .e • Esq., Id. No.200392 nt ff 934010 Name and Address. Of Sender. Phelan Hallinan, LLP MI* 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 $0.48 RE: CHARLES V. WHITE (CUMBERLAND) PH # 934010/1200 Page 1 of 1 50.48 Total Number of Pieecs Listed by Sender Total Number of Pieces Received at Post Office, Postmaster, Per (Name of Receiving Employee) The full iteelaration of value is required on all domestic and.intemational, registered mail. The n for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of S500.000 per occurrence. The maximum indemnity payable on Expre, The maximum indemnity payable is 525,000 for registered mail. sent with optional insumncet c R900 S913 and 5921 for limitetions of coverage, , /"Ny 3877 Facsimile 934010 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CHARLES V. WHITE 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. CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 DATE: By: CUMBERLAND County No.: 13 -6465 -CIVIL Phelan Hallinan LLP OAP, Justin FJ'robe . , Esquire ATT �1° Y FOR PLAINTIFF 934010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. CHARLES V. WHITE Defendant AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6465 -CIVIL RULE • day of /, K.d°' 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 THE COURT ,.4 d / i tieI K ,)-lu %��haH L_ -F £ & Io -s tJ . t04: - ecpfes wa d e boh �!L C) rn �..._ z-%0 (;3 r rso 7 r_ c cria 171. CO 934010 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 934010 934010 Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Civil Division vs. CHARLES V. WHITE Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CUMBERLAND County No.: 13 -6465 -CIVIL CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 DATE: By: Phelan Hallinan, LLP Mi helle J. Str. en, Esq., Id. No.208793 Attorney for Plaintiff 934010 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. CHARLES V. WHITE FILED -OFFICE 01PROTHONOTI-kiV/ 2[IlLi SF.? I 00,EY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6465 -CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 14, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about August 19, 2014 directing the Defendant to show cause by September 8, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on August 29, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 8, 2014. 934010 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 1 I (O by y By: Phelan Hallinan, LLP Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 934010 Exhibit "A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. CHARLES V. WHITE Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6465 -CIVIL RULE AND NOW, this 19 day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT /S/ J. 934010 hibit "B" Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CHARLES V. WHITE Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 2014.Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 DATE: B CUMBERLAND County No.: 13 -6465 -CIVIL Phelan Hallinan, LLP belle J. ,@t : ren, Esq., Id. No.208793 Attorney for Plaintiff 934010 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CHARLES V. WHITE Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CHARLES V. WHITE 515 THORNWOOD LANE CARLISLE, PA 17013-4264 DATE: //0 By: Phelan Hallinan, CUMBERLAND County No.: 13 -6465 -CIVIL P onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 934010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common P - Plaintiff vs. CHARLES V. WHITE Defendant Civil Division CUMBERLAND County No.: 13 -6465 -CIVIL ORDER AND NOW, this it- day of Pe -4h- , 2014, upon consideration of Plaintiff's 7 7 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through August 14, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit $126,269.48 $5,123.60 $103.83 $2,350.00 $647.28 $15.00 $565.00 $2,726.13 TOTAL $137,800.32 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. Co-31'Es P2 -w -t LL J. LL Ckaialcs. cifitS/Y 934010