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HomeMy WebLinkAbout13-6852 Supreme Court of Pennsylvania COurt,of Common Pleas For Prothonotary Use Only: Civil Cover Meet CUMBERLAND County Docket No: S 1 The information collected on this form is used solely_for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. S Commencement of Action: 9 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: GINA L. SWARTZ T I Dollar Amount Requested: El within arbitration limits Are money damages requested? El Yes No x O (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes x❑ No Is this an MDJ Appeal? ❑ Yes x❑ No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb Esq., Id No 312174 Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 F itt ` C13UN' T' 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 n FORT MILL, SC 29715 ` I „ ?So- Plaintiff, NO.: ) lU VS. GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025 -3031 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: a �,A s ICS (� 13/j y & -� 062 -PA -V3 9 9 3 390 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, GINA L. SWARTZ and J T DUNCAN A/K/A JAMEY DUNCAN, are individuals whose last known address are 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025 -3031. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about March 17, 2010, GINA L. SWARTZ and J T DUNCAN made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $107,908.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201007339. 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. 6. GINA L. SWARTZ and J T DUNCAN A/K/A JAMEY DUNCAN are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2013. 062 -PA -V3 8. As of 11/05/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $101,282.95 Interest $1,811.30 From 05/01/2012 to 11/05/2013 Late Charges $346.58 Escrow Advance $826.44 Property Inspections $75.00 Property Preservation $0.00 BPO /Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $(0.96) Total $104,341.31 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff s attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff 062 -PA -V3 is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $104,341.31, 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: 11� 1 1-3 Jon Aan b b, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" Multistat NOTE Apr'' 18, 2005 -55 p FPr ata, Avenu ' Park 1'enn3ylvanis I, PAR`1,1ES 17522 B orrow". l Frrop", Addreul moans each person s+gning at the end of this Nate. and the 2 QO)� W and assigns. lc'r1Cdp Home Home 9 9e rsan's svcccssets and ussrgtts. "Lender" means In return for a loan rece,e VSE TO P. 1 ed from Leade Do T e Hundred gi rroW On d Five . P to pa priaci Dollars (U.S. $ 1 8, Thousan Y the Fr tt t e date a1' disburseiltem the 1 rest ed Sixty Three and No of /100 ), Plus i nte rest to 6.000 oan Proceeds by Lcad the Ord of Lender. Jnt O P °/n) peC year until full "Mount ate of Six erest will be charge) on unpaid 3. & mow , 1 ro AYSECUREL) die afprincipal has been Pal, Mucci this P misc to se n paid. Note anduwHed the ,,Spay tits Insred b a mortgagt, deed of t Borrawc def under this JVOtc. nt•" The SecurB rust "Similar sc a ' M A Aryr na ER OF PAyMEIV7 Y lnsttvment protects � My ins from wastes dated the same date as Th at which Burro rttight result if Borrower shall mak a Payment t June i 2035 , will be due on th :�0$a me 'q°yp principal and intereaY to Le odcr and payment at dntepwh8px czttiedU te prin Maturity aa�tJ1e cacJtMaYth beginning on shalt made by notice to Borrower. 660029' Aa )las TX 75266 -0029 (C) Amount Each meat or at such plum . amount will monthly payment of Leader may desi . . and nher ice bnate in w Princi ms i 00 or, der monthly paYment re rest will he in the a writing (D) Alionge to ascrihed in the ' requi by the mount of U.$, $ 710.85 if a this Note Par Security instrument. Secttrdy Instrument, allow e n allange providin . pAYment adjustments that shill be a NrnejChecktre incorporated ibofor payment adjustments is PPlied to principal, interests V Grad bnx] and shall ataead and sa p pl em ent - the b cotiBn ITO er togeNote W i t h if h� Note, the covenants led Payment AlJon the aJJonge were a accts of the S. "OR-ROWER •S Rl f , ❑4mwing Equity AI Part of this tone �--t of a B o r rowe r r has the rf TO PREPAY g i J Other [specif rcmade °pd'. Lender i g h aU� pay the debt eviden Y] Partial pr those Cnttu�d' to the e x te nt writing writing repaymeat orr other da N «e' is whole or in to [!rose there will be no c hanges by Lender �� provided that part, witho changes. in Borrow n at char a i'nn nfuntx the due date or in r a Dune elation, of est 0 the a the first day '�' .tg Ore 1Yz�N R , �*Mr , taV45 Oun the retar 1 monthly paYman f Borr makeshe vwr MaRrrur rt . o epa t xr ^'RMS- carrarn.,pt k-u Leader agrees in mu:u,: 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Under may coiled a late charge in the amount of Four percent ( 4 .00 ^ u `i'o) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary In the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Under may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment or Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts duo have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Leader it notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGA'T'IONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises trade 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may he required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) E _ 1 -Borrower - Borrower (Seal) (Seal) .Borrower -Borrower (Seal) (Seal) •borrower - Burrower (Seal) (Seal) .Borrower - Borrower -1R (4600 *.rc 2 or 7 PAYTOTHE ORDER OF WITHOUT RECOURSE Wells Fargo Bank N.A. PAY TO THE ORDER OF H EMORTGA(;F Wells Fargo Bank, N.A. RE BURY ey Z2� ASST. SECRETARY Deanna Martin Vice President i Deutsche Bank 1761 East St. Andrews Place Santa Ana, CA 92705 -4934 Tel 714 247 6000 Fax 714 247 6009 TRANSMITTAL LETTER April 22, 2005 Wells Fargo Home Mortgage Inc 4800 W. Wabash Ave. Springfield, IL 62711 Purchase Clearing, X2803 -02K D Purchase of Mortgage Loans from APR 2 6 2005 Broadhollow Funding LLC A Subsidiary For American Home Mortgage Corp. By PKe� Ladies and Gentlemen: /-P„L —k - � Attached please find those Mortgage Notes, Mortgages and Assignments of Mortgages listed separately on the attached schedule, which Mortgage Notes, Mortgages and Assignments of Mortgages relate to Mortgage Loans owned by Broadhollow Funding, LLC (the " LLC ") and are being delivered to you in connection with your proposed purchase of such Mortgage Loans. The Mortgage Loans constitute a portion of the Assigned Collateral (as defined in the Security Agreement) under the Security Agreement (as amended, supplemented or otherwise modified from time to time, the " Security Agreement dated as of May 27, 2004, by and among the LLC and Deutsche Bank Trust Company Americas, as indenture trustee, and Deutsche Bank Trust Company Americas, as collateral agent (the " Collateral Agent "). Each of the Mortgage Notes, Mortgages and Assignments of Mortgages is subject to a security interest in favor of the Collateral Agent for the benefit of the Secured Parties (as defined in the Security Agreement). Your purchase price should be wired to the Collateral Agent to the Collateral Account (as defined in the Security Agreement) maintained by it as account no. 41307. Deutsche Bank Trust Company Account Account # Reference: Broadhollow collateral account: Collateral Account Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Assigned Collateral and the documentation evidencing same in trust and as custodian, agent, and bailee for and on behalf of the Secured Parties. In the event that any Mortgage Loan is unacceptable for purchase, return the rejected items directly to the undersigned at the address set forth below. In no event shall any Mortgage Note, Mortgage and Assignment of Mortgage be returned or sales proceeds remitted to the LLC. The Mortgage Note, Mortgage and Assignment of Mortgage must be so returned or sales proceeds remitted in full no later than forty-five (45) days from the date hereof. If you are unable to comply with the above instructions, please so advise the undersigned immediately. NOTE BY ACCEPTING THE MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES DELIVERED TO YOU WITH THIS LETTER, YOU CONSENT TO HOLD THE MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES IN TRUST AND TO BE THE CUSTODIAN, AGENT, AND BAILEE FOR THE SECURED PARTIES ON THE TERMS DESCRIBED IN THIS LETTER. THE UNDERSIGNED REQUESTS THAT YOU ACKNOWLEDGE RECEIPT OF THE ENCLOSED MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES AND THIS LETTER BY SIGNING AND RETURNING THE ENCLOSED COPY OF THIS LETTER TO THE UNDERSIGNED AT THE FOLLOWING ADDRESS: [SPECIFY ADDRESS]; HOWEVER, YOUR FAILURE TO DO SO DOES NOT NULLIFY SUCH CONSENT. Sincerely, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian By: Name: Kevin Fischer Title: Vice President IRREVOCABLY ACKNOWLEDGED AND AGREED TO: [Type name of purchaser] By: Name: Title: Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate on the Southern side of Park Avenue between Locust Street and The Terrace, known and numbered as 55 Park Avenue in the Borough of Ephrata, County of Lancaster and Commonwealth of Pennsylvania, being a portion of Lot Nos. 338 and 337 as shown on a map or plan of building lots laid by George W. Kinzer, said plan recorded in the Recorder of Deeds Office in and for Lancaster County, Pennsylvania in County Plan Book A, bounded on the north by Park Avenue fifty -four (54) feet wide, on the east by house No. 57 Park Avenue, property now or late of John A. Hummer and Dorothy R. Hummer, his wife on the South by a sixteen (16) feet wide alley, and on the west by house No. 53 Park Avenue, property now or late of John A. Hummer and Dorothy R. Hummer, his wife, and being more fully bounded and described as follows, to wit: BEGINNING at a corner marked by an iron pin in the Southern building line of Park Avenue, a distance of two hundred two and eighty -six hundredths (202.86) feet measured in a westerly direction along the Southern building line of the aforesaid Park Avenue from its intersection with the western building line of Locust Street as laid out on the map or plan of the Borough of Ephrata; thence leaving and making a right angle with the aforesaid Park Avenue in a Southerly direction along house No. 57 Park Avenue, property now or late of John A. Hummer and Dorothy R. Hummer, his wife, a distance of one hundred fifty (150) feet to a corner marked by a drill hole on the northern side of the sixteen (16) feet wide alley; thence along the same in a westerly direction making a right angle with the last described line, a distance of twenty -two and forty -three hundredths (22.43) feet to a corner marked by a spike; thence along house No. 53 Park Avenue, property now or late of John A. Hummer and Dorothy R. Hummer, his wife, the two (2) following courses and distances, viz: (1) leaving and making an interior angle of eighty - File #: 932074 nine (89) degrees, twenty -seven (27) minutes, with the aforesaid sixteen (16) feet wide alley in a northerly direction passing through the building block party wall between the garage, a distance of eighty -nine and ninety -six hundredths (69.96) feet to a corner of the southern end of the dwelling houses, and (2) continuing in a northerly direction making an interior angle of one hundred eighty (180) degrees, thirty -three (33) minutes with the last described line passing through the center line of the brick party wall between the dwelling houses, a distance of sixty and four hundredths (60.04) feet to a corner marked by an iron pin on the southern building line of the aforesaid Park Avenue; thence along the same in an easterly direction making a right angle with the last described line, a distance of twenty -one and fifty -six hundredths (21.56) feet to the place of BEGINNING. CONTAINING 3,272.85 Square Feet, more or less. UNDER AND SUBJECT to restrictions recorded in the Recorder of Deeds Office aforesaid, and being more fully set forth in Deed Book X, Volume 32, Page 40. BEING THE SAME PREMISES which Sharon L. Tell, granted and conveyed unto Eric V. Saenz, his heirs and assigns, by Deed dated April 13, 2005, and intended to be recorded simultaneously herewith, Lancaster County Records. PROPERTY ADDRESS: 55 PARK AVENUE, EPHRATA, PA 17522 -2071 PARCEL #2608687400000 and #260 -86874 File #: 932074 VERIFICATION Jasmin McLean, hereby states that hea is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that h she 's authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/&ie 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: Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 11/12/2013 086 -PA -V2 File # 932068 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. GINA L. SWARTZ J TDUNCAN A/K/A JAMEY DUNCAN 2 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: r. Date Jo an Lobb, Esq., Id. ry s =T No.312174 c Attorney for Plaintiff F: 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: 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? W41119 KH N N�= 0 Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFOR.'NIATION 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 2nd 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: =XW11 0 — 0- — I/We , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 932068 PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 ZO One Penn Center Plaza t#T Philadelphia,PA 19103 /attorneyEmail/ �iY� 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY GINA L. SWARTZ No. 13-6852-CIVIL J T. DUNCAN A/K/A JAMEY DUNCAN 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. PHELAN HALL AN, LLP By: Jo/5-than Lobb, Esq., Id. No. 312174 Attorney for Plaintiff Date: /ssg, Svc Dept. File#932068 S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r "HL:-r {1i° . Sheriff ti i s fat \i' � :,c�t�ry�bt oaf ai +C bet" y n r Jody S Smith i ' ( f , Chief Deputy , ° Richard W Stewart ' v:) 91/` Solicitor Ffl E ,F THE$HERFF PENNSYLVANIA Wells Fargo Bank Case Number vs. 2013-6852 Gina L Swartz (et al.) SHERIFF'S RETURN OF SERVICE 12/05/2013 03:48 PM -Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Alyssa Lencioni, Girlfriend of their son Tyler Duncan-Fortini, who accepted as"Adult Person in Charge"for Gina L Swartz at 223 Pennsylvania Avenue, East Pennsboro/W. Fairview, Enola, PA 17025. BRIAN GRZYB re SKI, D> TY 12/05/2013 03:48 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Alyssa Lencioni, Girlfriend of their son Tyler Duncan-Fortini, who accepted as"Adult Person in Charge"for J T Duncan at 223 Pennsylvania Avenue, East Pennsboro/W. Fairview, Enola, PA 17025. ile.3/ BRIAN GRZY:faSkI,I,PUTY SHERIFF COST: $60.95 SO ANSWERS, December 06, 2013 RONNK ANDERSON, SHERIFF tc}CountySulte Sheriff,Teleosoft,Inc. CF fit: PROTHONOTARY 2013 DEC I I AM 10= 55 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas vs. : Civil Division GINA L. SWARTZ : Cumberland County J T DUNCAN A/K/A JAMEY DUNCAN : No. 13-6852-CIVIL • • Praecipe to Attach the Exhibit Package TO THE PROTHONOTARY: Kindly attach the following Exhibit Package to Plaintiff's Complaint: 12 //0//? Date J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas • vs. • Civil Division • GINA L. SWARTZ • Cumberland County • J T DUNCAN A/K/A JAMEY DUNCAN • No. 13-6852-CIVIL • • CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Exhibit Package was served via first class mail on the following on the date listed below: GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Date: >l/d 1�3 Jon han Lobb, Esq., Id. No.312174 Attorney for Plaintiff Exhibit "A" Multistate ADJUSTABLE RATE NOTE FHA Case No. MARCH 17, 2010 [Date] 223 PENNSYLVANIA AVE, ENOLA, PA 17025 [Property Address] 1.PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WELLS FARGO BANK, N.A. and its successors and assigns. 2.BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SEVEN THOUSAND NINE HUNDRED EIGHT AND 00/100 Dollars(U.S. $ ********107,908.00 ),plus interest,to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at a rate of THREE AND ONE-HALF percent ( 3.500 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5(C)of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MAY 01 , 2010 . Any principal and interest remaining on the first day of APRIL 2040 ,will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of U.S. S 484.56 . This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E)of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY , 2015 ,and on that day every 12th month thereafter. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index(as FHA Multistate Adjustable Rate Note-04/04 4D-590 (oast) VMP Mortgage Solution(800)521-7291 Page 1 of 3 Irntia defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of ONE AND THREE-QUARTERS percentage point(s)( 1.750 %)to the Current Index and rounding the sum to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Paragraph 5(D) of this Note,this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than ONE percentage point(s)( 1 %)on any single Change Date.The interest rate will never be more than FIVE percentage points( 5 %) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation,Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii)the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi)the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C)and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate(a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment,with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 7.BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 %)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent ct•590 (0404) Page 2 of 3 (naal 1 default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. S.WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9.GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 10.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together_ Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and c venants contained in this Note. /IF (Seal) c-/c-a- / • ,0 (Seal) iitinl'D• 'GAN -Borrower GINA L SWARTZ -Borrower y,�.�R (seal)Su�-r fp.. jL+(,� (Seal) Borro3ert' 0 t -Borrower X319 r.�tr,4 14'14,41 A.6 (Seal) ` ,-;r;: • ,� .1_ (Seal) r'f^ �Li -Borrower t -Borrower (Seal) (Seal) -Borrower -Borrower ®-590 (0404) Page 3 of 3 A��R� Q' N).- 4p �fc f� �I 9'i p l�►� 0.� TD: 94 DUNCAN , JAMEY Loan Number: Loan ID: Package: COLLATERAL ❑ 13900-Flood Certificate Loan type: FHA Pipeline: RA ❑ 14342-Origination -Notice to Products: FHA Lender Notes/Collateral Files ❑ 14332-Origination -Title Commitment ❑ 04700-Title Policy Fund date: 03/17/2010 PC Location: MINNEAPOLIS ❑ 00404-Appraisal Receipt Date/Time: 03/19/2010 10:39 AM Due Date/Time: 03/19/2010 11:59 PM State: PA Origination system: LIS • Object ID: V.S. Drivers: PP=RA, LTC=F, _, _ , = , = , _ Received by: i Exhibit "B" LEGAL DESCRIPTION ALL THAT IS CERTAIN tract of ground situate in East Pennsboro Township, formerly known as West Fairview borough, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the eastern line of Lot No. 2, on the hereinafter mentioned plan of lots and at the northern right of way line of Pennsylvania Avenue; thence along the eastern line of Lot No. 2, North 16 degrees 57 minutes 42 seconds West, 54.00 feet to an iron pin at the southern line of lands now or formerly of William A. Stum; thence along the southern line of said lands, North 73 degrees 12 minutes 40 seconds East, 36.74 feet to an iron pin at the western line of lands now or formerly of Keith and Lemmonds;thence along the western line of said lands, South 16 degrees 47 minutes 53 seconds East, 54.02 feet to an iron pin at the northern right of way line of Pennsylvania Avenue; thence along said northern right of way line of said Pennsylvania Avenue, south 73 degrees 12 minutes 40 seconds West, 36.58 feet to an iron pin at the eastern line of said Lot No. 2, the point and place of BEGINNING. CONTAINING 1,980.06 square feet. BEING Lot No. 3 on the Final Subdivision Plan for James Anthony Williams recorded November 6, 1997, in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 75, Page 127. UNDER AND SUBJECT to conditions, covenants, restrictions,reservations, easements and limitations of record or visible on the property, if any, and all valid zoning ordinances. File#: 932068 BEING the same premises which James Anthony Williams, and Susan J. O'Keefe, his wife, by their deed dated February 19, 2010, and intended to be recorded herewith, granted and conveyed unto Jamey Duncan and Gina L. Swartz, owner/mortgagor herein. PROPERTY ADDRESS: 223 PENNSYLVANIA AVENUE,ENOLA,PA 17025-3031 PARCEL#45-16-1050-147. File#: 932068 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Attorney for Plaintiff Court of Common Pleas Civil Division No. 13-6852-C1VIL • Cumberland County Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, D. Troy': (=I > > _< (ID Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1 On November 19, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due June 1, 2013, and each month thereafter, A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On December 5, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 932068 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 3/3/y 932068 BY: Respectfully submitted, PHELAN HALL AN, LLP D. Troy Sflars, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No,312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb@phel anhal linan. com 215 -563 -7000 3F TFILED-OF O1ONOTAFt`r 2013NOV 19 AN NI 30 'CUMBERLAND COUNTY •P €NNSYLVAN1A ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025 -3031 Defendants. CIVIL DIVISION sa Cucl NO.: �j' CIVIL ACTION — COMPLAINT IN MORTGAGE FO% ECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: .�A1'TORNEY FILE COP` �Ie fl 'j yule u and be attue 4ith n . 0 the, correcttcopY 0 cord orlgina.1.t ed 062 -PA -V3 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 filling 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 CUMT3ERIAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MO) 99M108 Pile u; 932068 1. The Plaintiff is WELLS FARGO BANK, N,A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff "). 2. The Defendants, GINA L. SWARTZ and J T DUNCA.N A /K /A J.AM.I3Y DUNCAN, are individuals whose last known address are 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025 -3031. 3. WELLS FARGO BANK, N.A., directly or. through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof 4. On or about March 17, 2010, GINA L. SWARTZ and J T DUNCAN made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $107,908.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201007339. 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. 6. GINA L. SWARTZ and J T . DUNCAN A/KJA JAMEY . DUNCAN are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2013. 062 -PA -V3 8. As of 11/05/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $101,282.95 Interest $1,811.30 From 05/01/2012 to 11/05/2013 Late Charges $346.58 Escrow Advance $826.44 Property Inspections $75.00 Property Preservation $0.00 BPO /Appraisals $0,00 Escrow Balance $0.00 Corporate Advance Credit $(0.96) Total $104,341.31 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 Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above- captioned action to add such additional sums authorized under the 'Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff 062 -PA -V3 is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists, If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $104,341.31, 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 i /13 Jolt. inn Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V3 exhibit "A" Multistate Apr -1 10, 2005 (Dnel NOTE 55 pork Avenu Ephrata, e PenneyIvan,la 17522 I' PARTIES lAror,onrAs°^''rl "Borrower" ntcurrJ each Persea sigofng el the end of this Nolo, and the one Ili tu0oetanrs and assigns. American Home Mortgage rSflnrcnrccycorc end eecllWa. " O roR 1R S Re M IS Z TO PAY; INTEREST Ono n Hu1yfeC d Si�ghrtccOef n . $ TI>hoom uo defFOIvo o Pdrorm0 isaDolton, (U.S. 3 118, 56), 00 yll oxptsYy UTp °aocl nort dNO /100 fro the dole of tibbarse Ont of the lotto proceeds b Leader, to the rote of Lender. 3. PR eon flerYrr plus i t erestr' 01 he refs of Le der. Interest will AM1Se TO PAY SF the full amount of x charged nn unpaid this �nwcr x Pm,,,4 CUR$p principal ho ' 1I Paid principal, n r Now anu w11cJ l0 my Is+rrod paid, Ourrowcr defqulur u the tiN Nolo. !nc by n rn °ry0ago, Uc nUOr tbk ur°, nt ?Uc Secvrt n1J( or almltar Fc ma ° of t 4. MANN OF P^ yM h 1nrlNmear 'PralarL+ th rh�(nsln,� dm naks Jatad the a°mc dale ne (A) Time 6NT ndc Oorrowur shall which mfghl rcauh !I Juno lot mad 005 smear of Principal and 2095 • (A) Place will be due on that Ja �yrrfedl Pal and Interest Lender un Iho Ilia tiny fO, which hr remain/roe Payment shall bc, rnaUe at �' "Muit'rhy Dote." on lh tint day of Y Y or each month fKBkorn by nuii to Oorrow al I0 pox 660029, a Na 8 00 (C) Amount a11y0 TX 75256-0029 Each rnrurthl Ill al amount will 1 y payment such Wuw ux Lend and artier ham* part of Principal and lnla Lender may d tlnu 1 or larger man nrq will uar k n writing am* In tho n monthly freSmarf required (^ 11K amount CD) Montle ho In this Nofa attention !n the Security hY the Sccurh not of U,S, $ 710. r nllon 1f ij t providing ihr pnyeneal adluetmenf�rrumenL y instrument, that Atoll 8, Note. (Check ebnrl be 1nsAU'PorntW fu[ payment cad PPlled to principal, • This iCheck sPPlicahlc boxy hue .mod cho!! amend and c� la executed b °pplemen! the covennno of this �Qredueted Payment Agonge as if the anon r�ny of I , .OffRllOW ; ❑QmwM Lc were °Pan or Ode 1OR11 1, (1 R !S RIGpT, rQ 8 Oqu(ly Mlonge 0I nn)' manor. q�tr In PftErAY Other 1sPecifYl R.n rrrndcr ISnilcr „�9',tli n'Y .thn deb! nidr, 11IlUofOrrn rr t(In mom, r to the ex er deb! cdI oilier thhNob% wful Orlln�lynPhr �c,cniicYrn- 1 °111Ire t r ep 7uhW ca) dial daysAr°yl0ud that fl ill 1 fi,.w 1W char f alt d lira d P:rrufl hfu noU arrnwcr.lrryr lntr fM or: I+ nehy, A.•••• f4t o OWN: i tai ua dale of (n (Iry oli Icnr the ne U rclt lc the rbe rte n •Ile rro q rd pue ✓rirr . afros nrnn°hl of the mnnl the 5boieraty+mlwiU prcjjnia filly �` dr 1111 VaMIT641TriWln.AglN4 ldy Pnlnrcnl unky j r1 °�T1 rat! �h� m1 rndr.r nprtrs, !n mwr, 4 r� 6. BORROWER'S (FAILURE TO PAY (A) Late Charge for Overdue Payments 11' Lender has not received the full monthly payment required by the Security instrument, es described Ip Porngroph 4(C) of this Note, by the end oy fifteen calendar days after the payment Is due, Lender may collect n (sie charge rn the amount of Four percent ( 4 .000 %) oldie overdue amount of each payment. (A) Default If Borrower defaults by falling to pay is fulrany monthly payment, then Linder tray, except in. limited by regulations of the Secretary In the case of payment defaults, require immediate itnymcni in Tull of the principal balance remaining Bain and all eceitted interim. lender may choose not in exercise this npdne without waiving its rights in the event of any subsequent default, In many ci(tvm►innccs regulations issued by the Secretory will Binh Leader's rights to rcqulro immediate payment in full in the ease of puyntcnt defaults. This Note docd not liuthoncc tinoelerutkm when .sot permittcli by HUD reguintluns, As unit In this Note, *Secretary' means the Secretary of Housing aed.Utben Donlopment or his of her deatp nee. (C) Payment or Costa and Expenses If Lender hnx required immediate payment In full, as described ebnve, Lender may require Borrower to pay costs end expenses Including reasonable 000d cut: unary attorneys' fees for enforcing thls Note in the extent nor prohibited by oppllcebtc few. Such fees end togs shall bear Interest from the dote of disbursement at the sutra rate as the principal of thin Note, 7. WAIVERS Borrower end any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'rNotkc of dishonor" means the right to require Lender to give nabs: to other persons that utnuunts duo have nut been paid. B. GIVING OF NOTICES Unless uppllcnhie Isw requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower nt the property address alma or at a different address If Borrower has given Lender n notice of Borrower's different address. Any oolitic thus must bu given io Leader under this Nolo will be given by flat visas mull le Lender et thy a(diess staled In Poragraph 4(8) or at n different address if Borrower is even a oolitic of that different address, 9. OBLIGA'T'IONS ON PERSONS UNDER THIS NO'T'E If more than one parson aigna this Note, each person it fully and personally obligated to keep all of the promises made in this Nolo, Including the promise to pay the full unusual owed, Any parson who Is o guarantor, Curtly urendorser of this Note Is also obligated to Jo these things. Any, persun who lakes over these obtibatlois, including the obligations of a Kunrantor, surety or endorser of Ibis Notc, is alum plitignted to keep all of the roomfuls made in thiaNme., tinder may enforce ha rights under this Note against each person Individually or against all signatories together. Any one porann signing Uila Note may be required to pay ell of the amounts owed under this Nom. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Note. *MY`, - - (Seal) •bonawea •noanwer (Seal) :Dowser (Scot) •Burrower (Sell) •narmwer ASGtt) - Iwrowu (Seal) (Seal) 'Borrower •(louver A"' .141 /N41) mold/ PAY TO THE ORDER OF Wells Fargo Bank, N.A. WITHOUT RECOURSE PAY TO THE OROER OF Wells Fargo Bank, N.A. Deanne Martin Vico President April 22, 2005 Deutsche Bank 1761 East St. Andrews Place Santa Ana, CA 92705 -4934 Tel 714 247 6000 Fax 714 247 6009 TRANSMITTAL LETTER Wells Fargo Home Mortgage Inc 4800 W. Wabash Ave, Springfield, IL 62711 Purchase Clearing, X2803 -02K Purchase of Mortgage Loans from proadhollow Fundin&LLC A Subsidiary For American Home Mortgage Corp, Ladies and Gentlemen: APR 2 6 2005 PKc.3 y_ E 044 E" Attached please find those Mortgage Notes, Mortgages and Assignments of Mortgages listed separately on the attached schedule, which Mortgage Notes, Mortgages and Assignments of Mortgages relate to Mortgage Loans owned by Broadhollow Funding, LLC (the "LLC") and are being delivered to you in connection with your proposed purchase of such Mortgage Loans. The Mortgage Loans constitute a portion of the Assigned Collateral (as defined in the Security Agreement) under the Security Agreement (as amended, supplemented or otherwise modified from time to time, the "Security Agreement "), dated as of May 27, 2004, by and among the LLC and Deutsche Bank Trust Company Americas, as indenture trustee, and Deutsche Bank Trust Company Americas, as collateral agent (the "Collateral Agent "), Each of the Mortgage Notes, Mortgages and Assignments of Mortgages is subject to a security interest in favor of the Collateral Agent for the benefit of the Secured 'Parties (as defined in the Security Agreement). Your purchase price should be wired to the 'Collateral Agent to the Collateral Account (as defined in the Security Agreement) maintained by it as account tto. 4I307. Deutsche Bank Trust Company Account Account # Reference:Broadhollow collateral account: Collateral Account Pending your . purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will -remain in full force•and effect, and you shall hold possession of such Assigned Collateral and the documentation evidencing same in trust and as custodian, agent, and bailee for and on behalf of the Secured Parties. In the event that any Mortgage Loan is unacceptable for purchase, return the rejected items directly to the undersigned at the address set forth below. In no event shalt any Mortgage Note, Mortgage and Assignment of Mortgage be returned or sales proceeds remitted to the LLC. The Mortgage Note, Mortgage and Assignment of Mortgage must be so returned or sales proceeds remitted in full no later than forty -five (45) days from the date hereof. If you are unable to comply with the above instructions, please so advise the undersigned immediately. NOTE: BY ACCEPTING THE MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES DELIVERED TO YOU WITH THIS LETTER, YOU CONSENT TO HOLD THE MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES IN TRUST AND TO BE THE CUSTODIAN, AGENT, AND BAILEE FOR THE SECURED PARTIES ON THE TERMS DESCRIBED IN THIS LETTER, THE UNDERSIGNED REQUESTS THAT YOU ACKNOWLEDGE RECEIPT OF THE ENCLOSED MORTGAGE NOTES, MORTGAGES AND ASSIGNMENTS OF MORTGAGES AND THIS LETTER BY SIGNING AND RETURNING THE ENCLOSED COPY OF THIS LETTER TO THE UNDERSIGNED AT THE FOLLOWING ADDRESS: [SPECIFY ADDRESS; HOWEVER, YOUR FAILURE TO DO SO DOES NOT NULLIFY SUCH CONSENT. Sincerely, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian By: C' Name: Kevin Fischer Title: vice President IRREVOCABLY ACKNOWLEDGED AND AGREED TO: [Type name of purchaser) By: Name: Title: Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate on the Southern side of Park Avenue between Locust Street and The Terrace, known and numbered as 55 Park Avenue in the Borough of Ephrata, County of Lancaster and Commonwealth of Pennsylvania, being a portion of Lot Nos. 338 and 337 as shown on a map or plan of building Tots laid by George W, Kinzer, said plan recorded in the Recorder of Deeds Office in and for Lancaster County, Pennsylvania in County Plan Book A, bounded on the north by Park Avenue fifty -four (54) feet wide, on the east by house No. 57 Park Avenue, property now or late of John A, Hummer and Dorothy R, Hummer, his wife on the South by a sixteen (16) feet wide alley, and on the west by house No. 53 Park Avenue, property now or late of John A. Hummer and Dorothy R. Humtner, his wife, and being more bully bounded and described as follows, to wit: BEGINNING at a corner tnarked by an iron pin in the Southern building line of Park Avenue, a distance of two hundred two and eighty -six hundredths (2 02.86) feet measured in a westerly direction along the Southern building line of the aforesaid Park Avenue from its intersection with the western building line of Locust Street as laid out on the map or plan of the Borough of Ephrata; thence leaving and making a right angle with the aforesaid Park Avenue in a Southerly direction along .house No, 57 Park Avenue, property now or late of John A. Hummer and Dorothy R. Hummer, his wife, a distance of one hundred fifty (150) feet to a corner marked by a drill hole on the northern side of the sixteen (16) feet wide alley; thence along the same in a westerly direction making a right angle with the last described line, a distance of twenty -two and forty -three hundredths (22.43) feet to a corner marked by a spike; thence along house No, 53 Park Avenue, property now or late of John A. Hummer and Dorothy R, Hummer, his wife. the two (2) following courses and distances, viz: (I) leaving and making an interior angle of eighty- t +ile n: 932074 nine (89) degrees, twenty -seven (27) minutes, with the aforesaid sixteen (16) feet wide alley in a northerly direction passing through the building block party wall between the garage, a distance of eighty -nine and ninety -six hundredths (69,96) feet to a corner of the southern end of the dwelling houses, and (2) continuing in a northerly direction making an interior angle of one hundred eighty (180) degrees, thirty -three (33) minutes with the last described line passing through the center line of the brick party wall between the dwelling houses, a distance of sixty and four hundredths (60.04) feet to a corner marked by an iron pin on the southern building line of the aforesaid Park .Avenue; thence along the same in an easterly direction making a right angle with the last described line, a distance of twenty -one and fifty -six hundredths (21.56) feet to the place of .BEGINNING. CONTAINING 3,272.85 Square Feet, more or Tess. UNDER AND SUBJECT to restrictions recorded in the Recorder of Deeds Office aforesaid, and being more fully set forth in Deed Book X, Volume 32, Page 40. BEING THE SAME PREMISES which Sharon L. Tell, granted and conveyed unto Eric V. Saenz, his heirs and assigns, by Deed dated April 13, 2005, and intended to be recorded simultaneously herewith, Lancaster County Records. PROPERTY ADDRESS: 55 PARK AVENUE, EPHRATA, PA 17522 -2071 PARCEL #2608687400000 and #260 -86874 P ilc. #: 932014 VERIFICATION Jasmin MeLean, hereby states that h is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that `ho slit; "s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. Naive: Jasmin McLean Tide: Vice President Loan Documentation Company: Wells Fargo Bank, N.A, Date: 11/12/2013 086-PA-V2 File # 932068 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. GINA L. SWARTZ J TDUNCAN A/K/A JAMEY DUNCAN 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 eftbrt 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 inforntation 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 NOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TFIIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted; Jo athan Lobb, Esq., Id, No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency, Please provide the following information to the best of your kndwledge: Borrower names): Property Address: City: Stale:_ Zip: ___, Is the property for safe? Yes (Q No 0 Listing date: Price: Realtor Name: _ Realtor Phone: Borrower Occupied? Yes 0 No Mailing Address (if different) ; City: State: - Zip: Phone Numbers Home: Office: Cell: Other: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan:, Loan Number: How long? 1<Iome: Cell: Office; Other: State: Zip: [ ow long? Second Mortgage Lender: '1'ype of Loan: Loan Number: Date You Closed You oan :. Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for .Default: chided Taxes & Insurance: Is the loan in Bankruptcy? Yes 0 No If yes, provide names, location of court, case number & attorney; Assets_ Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investmenti: $. $ Checking; $ $ Savings; $ $ Other: $ $ Automobile 111: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model:__. Year: Amount owed: Value Year: Year: 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: (P)ease only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage _ Utilities . Car Payment(s) Condo/Neigh. Fees Med, (not_covereci) Auto Insurance Auto fuel/repairs Other prop,pnyment Cable TV ,Install. Loan Payment Child Support/Alim. Spending Money Other Expenses: Day/Child Care/Tuft. Amount Available for Monthly Mortgage Payments Rased on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 If yes, please provide the following information: Counseling Ageney: Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ NoQ 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 (Nance); Phone: Sery icing Company (Nance). Contact: Phone: 1/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that 1/we run/are under no obligation to use the counseling services provided by the above named Borrower Signature Co- .Borrower Signature Date 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) Exhibit "B" • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Soli/ for SHERIFF'S OFFICE OF CUMBERLAND COUNTY `mat! mi Cumbr AO Off ICE Of THE SHERIFF Wells Fargo Bank vs. Gina L Swartz (et al.) Case Number 2013 -6852 SHERIFF'S RETURN OF SERVICE 12/05/2013 03 :48 PM - :Deputy Brian Grzyboski, being duty sworn accordingio taw, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by handing a true copy to a person representing themselves to be Alyssa Lencloni, Girlfriend of their son Tyler Duncan- Fortinl,who accepted as "Adult Person In Charge" for Gina L Swartz at 223 Pennsylvania Avenue, East Perinsboro/W, Falrview,,Enola, PA 17025. 12/05/2013 03:48 PM - Deputy Brian Grzyboskl, being duly swom according to taw, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by handing a true copy to a.person representing themselves to be Alyssa Lenclonl, Girlfriend of their son Tyler Duncan- Fortini, who accepted as "Adult Person In Charge" for J T Duncan at 223 Pennsylvania Avenue, East Pennsboro/W. Fairview, Enola, PA 17025. BRIAN GRZY : • SKI, ' PUT? SHERIFF COST: $60.95 SO ANSWERS, December 08, 2013 RON R ANDERSON, SHERIFF :JL . • f .1,• `,.I l • 11• I:� ti )0'Ef: . 'd r :, • ` f;: 1 SL'f _.1 ..o` - r .l "• - i) _ • Ji • ' • • PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025 -3031 Attorney for Plaintiff Court of Common Pleas Civil Division No. 13- 6852 -CIVIL Cumberland County Defendants CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025 -3031 Date: /3 932068 By: 4. A D. Troy Seellars, Esquire Attorney for Plaintiff �1 IN'THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13-6852-CIVIL v. Cumberland County GINA L. S WARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA,PA 17025-3031 Defendants ORDER AND NOW,this day of r1*^- , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY T COURT l J. MM � wsT� lcj CC . Goa L. Swartz -c-a ./J T Duncan a/k/a Jamey Duncan ,,,D-Troy Sellars,Esq., Id. No. 210302 47- - Attorney for Plaintiff + N) 932068 �/Z:/' (f ` s PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg,PA 17101 215-563-7000 x 1360 GINA L. SWARTZ J T DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA,PA 17025-3031 932068 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.corn 215-563-7000 CUNBERL A i -g0 CO PENNYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN : No. 13 -6852 -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) GINA L. SWARTZ and J T. DUNCAN A/K/A JAMEY DUNCAN 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 GINA L. SWARTZ is over 18 years of age and resides at 223 PENNSYLVANIA AVENUE, ENOLA, PA 1.7025-3031. (c) that defendant J T. DUNCAN A/K/A JAMEY DUNCAN is over 18 years of age and resides at 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025-3031. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ph allinan, 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 932068 DeAdment of Defense Manpower Data Center Results as of Jun -09-2014 0234:40 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: DUNCAN First Name: J Middle Name: T Active Duty Status As Of: Jun -09-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA .r.,, , ,‘, . . No NA This response reflectdthe individuals' active duty status baSectim 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 1%:- ' ilA ''''` 7 1—. - ' - ' ,, .- . NA This response reflects ,vheielh4 individual left active duty status within 367 days preceding the Active Duty Status Date The Member or Hisnier Unit Was Notified of a Futu e Call.Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA , NA ! 'N... a NA . . This response reflects whether the individual or his/her 'Unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower DataCenter, 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 Uniforme-d `Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 . Department of Defense Manpower Data Center Results as of : Jun -09-2014 02:34:38 AM SCRA 3.0 Status Report Pursuant to Servicememaers Civil Relief Act Last Name: SWARTZ First Name: GINA Middle Name: L Active Duty Status As Of: Jun -09-2014 On Active Duty On Active Outy Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ` No NA This response retteets 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 Outy End Date Status Service Component NA "64A t No NA • This response reflects where the individual left active duty status, within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \.NA xr,, -No NA This response reflects whether-...: the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PHELAN HALLINAN, LLP 'Irp, • r4 Jonathan Lobb, Esq., Id. No.312,176brf, 1617 JFK Boulevard, Suite l4OO EiND One Penn Center Plaza PtrINb YLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 isL Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS GINA L. SWARTZ : CIVIL DIVISION J T. DUNCAN A/K/A JAMEY DUNCAN No. 13 -6852 -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 GINA L. SWARTZ and J T. DUNCAN A/K/A JAMEY DUNCAN, 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 $104,341.31 TOTAL $104,341.31 I hereby certify that (1) the Defendants' last known address is 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025-3031, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date / v( Jon an Lobb, Esq., Id. No.312174 Attorney for aintif DAMAGESA12E EREBY ASSESSED AS INDICATED. DATE: .0 1 6 If PH # 932068 PROTHONOTARY a_ 4. *see 932068 e 164.'75 1 / ft- 367 a979 o fi ce 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. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6852 -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) GINA L. SWARTZ and J T. DUNCAN A/K/A JAMEY DUNCAN 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 GINA L. SWARTZ is over 18 years of age and resides at 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025-3031. (c) that defendant J T. DUNCAN A/K/A JAMEY DUNCAN is over 18 years of age and resides at 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025-3031. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 41/11Y Phela allinan, 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 932068 Department of Defense Manpower Data Center Results as of : Jun -13-2014 12:37:48 PM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: DUNCAN First Name: JAMEY Middle Name: Active Duty Status As Of: Jun -13-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA w NAS. ✓" a No NA This response reflectsthe Individuals' active duty status 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 Indlvtdual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jun -13-2014 12:37:47 PM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: DUNCAN First Name: J Middle Name: T Active Duty Status As Of: Jun -13-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA, k-• ., i No , �-. NA This response reflects the Individuals' active duty status 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 f - NA, ._.i NA This response reflects where the individual left active -duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ' NA `'', .. .. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty r 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. A. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jun -13-2014 12:37:46 PM SCRA 3.0 Status Report Pursuant to Servicememibers Civil Relief Act Last Name: SWARTZ First Name: GINA Middle Name: L Active Duty Status As Of: Jun -13-2014 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 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 it NA This response reflects whether the indMduel or his/her unit has received eady"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. A. 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 GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN : CIVIL DIVISION : No. 13 -6852 -CIVIL against you on Notice is given that a Judgment in the above captioned matter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA 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. ** 932068 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) TO: GINA L. SWARTZ 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6852 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland. County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 932068 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISIE, PA 17013 717) 249-3166 Emily M. P . e h#i,. Esq., Id. No.3 ] 5250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) TO: J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE OF NOTICE: COURT OF COMMON PLEAS MU_ DIVISION NC). 13 -6852 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A 1`1 EMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER. IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM. ATION 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 l Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 932068 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Emily M. Phelan, Esq., Id. No 5250 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. Gina L. Swartz J T. Duncan a/k/a Jamey Duncan Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/12/2014 to Date of Sale ($17.15 per diem) COURT OF COMMON PLEAS • CIVIL DIVISION NO.: 13 -6852 -CIVIL CUMBERLAND COUNTY $104,341.31 $3,001.25 TOTAL $107,342.56 P n Ha linan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Note: Please attach description of property. PH # 932068 Qt -L-\ coo.qs Cer (I f. " 11 L1C f .8"J"11, , C,( UJA- po79a Tssued LEGAL DESCRIPTION ALL THAT IS CERTAIN tract of ground situate in East Pennsboro Township, formerly known as West Fairview borough, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the eastern line of Lot No. 2, on the hereinafter mentioned plan of lots and at the northern right of way line of Pennsylvania Avenue; thence along the eastern line of Lot No. 2, North 16 degrees 57 minutes 42 seconds West, 54.00 feet to an iron pin at the southern line of lands now or formerly of William A. Stum; thence along the southern line of said lands, North 73 degrees 12 minutes 40 seconds East, 36.74 feet to an iron pin at the western line of lands now or formerly of Keith and Lemmonds; thence along the western line of said lands, South 16 degrees 47 minutes 53 seconds East, 54.02 feet to an iron pin at the northern right of way line of Pennsylvania Avenue; thence along said northern right of way line of said Pennsylvania Avenue, south 73 degrees 12 minutes 40 seconds West, 36.58 feet to an iron pin at the eastern line of said Lot No. 2, the point and place of BEGINNING. CONTAINING 1,980.06 square feet. BEING Lot No. 3 on the Final Subdivision Plan for James Anthony Williams recorded November 6, 1997, in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 75, Page ] 27. UNDER AND SUBJECT to conditions, covenants, restrictions, reservations, easements and limitations of record or visible on the property, if any, and all valid zoning ordinances. TITLE TO SAID PREMISES IS VESTED IN Jamey Duncan, a single man and Gina L. Swartz, a single woman, taking title as joint tenants with right of survivorship and not as tenants in common, by Deed from James Anthony Williams and Susan J. O'Keefe, his wife, dated 02/19/2010, recorded 03/24/2010 in Instrument Number 201007338. PREMISES BEING: 223 Pennsylvania Avenue, Enola, PA 17025-3031 PARCEL NO. 45-16-1050-147. 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 V. Gina L. Swartz J T. Duncan a/k/a Jamey Duncan Defendant(s) C. • L CUMBERLAND COLIN' PENS YLVA IA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -6852 -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: Ph Hallinan, LLP Jonathan Lobb, Esq., Id. No.3I2174 Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff V. Gina L. Swartz J T. Duncan a/k/a Jamey Duncan Defendant(s) LI r E PRO THONOTA-, 2(114 JUN 16 An 9: 16 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6852 -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 223 Pennsylvania Avenue, Enola, PA 17025-3031. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Gina L. Swartz J T. Duncan a/k/a Jamey Duncan 2. Name and address of Defendant(s) in the judgment: Name Gina L. Swartz J T. Duncan a/k/a Jamey Duncan 223 Pennsylvania Avenue Enola, PA 17025-3031 223 Pennsylvania Avenue Enola, PA 17025-3031 Address (if address cannot be reasonably ascertained, please so indicate) 223 Pennsylvania Avenue Enola, PA 17025-3031 223 Pennsylvania Avenue Enola, PA 17025-3031 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 932068 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 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 223 Pennsylvania Avenue Enola, PA 17025-3031 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Ce !11JLL( PH # 932068 By: PJTan Hallinan, LLP nathan 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 , g . I tv Wells Fargo Bank, N.A. L U: COURT OF COMMON PLEAS 5 0 9: Plaintiff : CIVIL DIVISION COUNTY vs. PENNSYLVANIA : NO.: 13 -6852 -CIVIL Gina L. Swartz J T. Duncan a/k/a Jamey Duncan : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gina L. Swartz J T. Duncan a/k/a Jamey Duncan 223 Pennsylvania Avenue Enola, PA 17025-3031 **THIS FIRM IS A DEBT COLLECTOR Al IEMPTING 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 223 Pennsylvania Avenue, Enola, PA 17025-3031 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 $104,341.31 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. I. 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 -6852 -CIVIL Wells Fargo Bank, N.A. v. Gina L. Swartz J T. Duncan a/k/a Jamey Duncan owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 223 Pennsylvania Avenue, Enola, PA 17025-3031 Parcel No. 45-16-1050-147. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,341.31 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT IS CERTAIN tract of ground situate in East Pennsboro Township, formerly known as West Fairview borough, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the eastern line of Lot No. 2, on the hereinafter mentioned plan of lots and at the northern right of way line of Pennsylvania Avenue; thence along the eastern line of Lot No. 2, North 16 degrees 57 minutes 42 seconds West, 54.00 feet to an iron pin at the southern line of lands now or formerly of William A. Stum; thence along the southern line of said lands, North 73 degrees 12 minutes 40 seconds East, 36.74 feet to an iron pin at the western line of lands now or formerly of Keith and Lemmonds; thence along the western line of said lands, South 16 degrees 47 minutes 53 seconds East, 54.02 feet to an iron pin at the northern right of way line of Pennsylvania Avenue; thence along said northern right of way line of said Pennsylvania Avenue, south 73 degrees 12 minutes 40 seconds West, 36.58 feet to an iron pin at the eastern line of said Lot No. 2, the point and place of BEGINNING. CONTAINING 1,980.06 square feet. BEING Lot No. 3 on the Final Subdivision Plan for James Anthony Williams recorded November 6, 1997, in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 75, Page 127. UNDER AND SUBJECT to conditions, covenants, restrictions, reservations, easements and limitations of record or visible on the property, if any, and all valid zoning ordinances. TITLE TO SAID PREMISES IS VESTED IN Jamey Duncan, a single man and Gina L. Swartz, a single woman, taking title as joint tenants with right of survivorship and not as tenants in common, by Deed from James Anthony Williams and Susan J. O'Keefe, his wife, dated 02/19/2010, recorded 03/24/2010 in Instrument Number 201007338. PREMISES BEING: 223 Pennsylvania Avenue, Enola, PA 17025-3031 PARCEL NO. 45-16-1050-147. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite]00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. GINA L. SWARTZ, J.T. DUNCAN A/K/A JAMEY DUNCAN WRIT OF EXECUTION NO 13-6852 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: $104,341.31 L.L.: $.50 Interest FROM 6/12/2014 TO DATE OF SALE ($17.15 PER DIEM) - $3,001.25 Atty's Comm: Atty Paid: $221.45 Plaintiff Paid: Date: 6/16/14 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. B ell, Prothonotary Deputy AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN SERVE GINA L. SWARTZ AT: 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 PH # 932068 SERVICE TEAM/ lxh COURT NO.: 13 -6852 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to GINA L. SWARTZ, Defendant on the ai4'day of -TUN , 20 14, at 1: to , o'clock k. M., at %13 PENklA 1-vt , F'J 6l.a, Pq , in the manner described below: t/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 4o s Height GS" Weight (r''O Race W Sex t Other I, Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 6 1 NAME: PRINTED NAME: Ronald MOIL Process Server TITLE: NOT SERVED On the dayof 20 , at o'clock . M., I, state that Defendnt NOT FOUND because: _ Vacant _ Does Not Exist _ Moved Does Not Reside (Not Vacant) , a competent adult hereby _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating tcrunswp}-n c: falsification to authorities. cr 1:7 r CD C.,, -rte -; PRINTED NAME: -4 r ---- Cr) �n ATTORNEY FOR PLAINTIFF --<1' (FP ▪ CF, Phelan Hallinan, LLP - f 1617 JFK Boulevard, Suite 1400 3>C, ,..„.."--ICL) One Penn Center Plaza � c " ▪ .. ..7",...-i ' Philadelphia, PA 19103 2> © ( (215) 563-7000 --_t PO ;'> BY: . AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN SERVE J T. DUNCAN A/K/A JAMEY DUNCAN AT: 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 PH # 932068 SERVICE TEAM/ Ixh COURT NO.: 13 -6852 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to J T. DUNCAN A/K/A JAMEY DUNCAN, Defendant on the 24i is.day of TrU IS E 20 14 , at 1: tv , o'clock M. at 123 PENNA 4 till Pil) 0 Ga-, 'ki , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: CSD - ( 61 *PT Description: Age 40c Height 5.(5‘' Weight (00 Race W Sex P Other I Ronald Moll a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 0;1(4' NAME: l�- Ronald Moll PRINTED NAME: Process Server TITLE: NOT SERVED On the dayof 20_, at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215)563-7000 9 c:jn !so �`t Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Plea@ reFr r - w CUMBERLAND Cout Civil Division No.: 13 -6852 -CIVIL 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 19, 2013. 2. Judgment was entered on June 16, 2014 in the amount of $104,341.31. 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. 932068 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit Suspense/Misc. Credits $101,282.95 $4,726.56 $346.58 $1,725.00 $884.24 $305.00 $132.54 $1,054.76 $2,663.40 ($0.96) TOTAL $113,120.07 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff's Motion to Lift Conciliation Stay dated March 20, 2014. 932068 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jona an Etkowicz, Esquire AT (O' ► Y FOR PLAINTIFF 3 932068 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GINA L. SWARTZ and J T. DUNCAN A/K/A JAMEY DUNCAN 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 223 PENNSYLVANIA AVENUE, ENOLA, PA 17025-3031. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 932068 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 932068 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have 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 932068 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 932068 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. 932068 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 932068 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 932068 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: 7/21411A1 By: Phelan allinan, LLP Jon. Et owicz, Esquire Att - for Plaintiff 8 932068 Exhibit "A" 932068 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. 2;1y JUN 16 AH 9: i 2 CUMBERLAND COUNT'S' PENNSYLVANIA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS GINA L. SWARTZ : CIVIL DIVISION J T. DUNCAN AJK/A JAMEY DUNCAN r r: rL i,=��_.., , 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 GINA L. SWARTZ and J T. DUNCAN A/K/A JAMEY DUNCAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof4.111 ibreelt5owid saie1of the mortgaged premises, and assess Plaintiff's damages as follows:: As set forth in Complaint $104,341.31 TOTAL n $104,341.31 Fy I hereby certify that (1) the Defendants' last knizj,addre ksi4y tfiAMSYLVANIA AVENUE, ENOLA, PA 17025-3031, and (2) that notice has been gi4tri'irti accordance with Rule Pa.R.C.P 237.1. Date 69131v( Jon an Lobb, Esq., Id. No.312174 Attorney fP1ai DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: loiU,VA PH # 932068 PROTHONOTARY 932068 Exhibit "B" 932068 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 July 17, 2014 GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-303] RE: WELLS FARGO BANK, N.A. v. GINA L. SWARTZ and J T. DUNCAN, A/K/A JAMEY DUNCAN Premises Address: 223 PENNSYLVANIA AVENUE ENOLA, PA 17025 CUMBERLAND County CCP, No. 13 -6852 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V.c% truly i uis. 10{{ athr 77: M. EtkOw:iezt.. Esq., Id. No.208786 Ai omdy for Plaintiff l bdro,'ure 932068 Name and Address Of Sender 1114 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Phtladel hia, PA 19103 le Number Name of Addressee, Street and Post Office Add eH ss LINA L. SWARTZ J T. DUNCAN 223 PENNSYLVANIA AVENUE ENOLA PA 17025-3031 Form 3877 Facsimile RE: LINA L. SWARTZ CUMBERLAND Total Number of Pieces Received at Post Office Postmaster, Per (Name r Receiving Employee) n os value is required on all domestic and international registered mail. The m tenon of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of 5500;000 per occurrence. The maximum indemnity payable on Expres The maximum indemnity payable is S23,000 for registered mail, sent with optional insurance. S. R900 S913 and S921 for limitations of coverae. 932068 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE: By: Phelan Hallinan, LLP Jonat Etkowicz, Esquire ATT ' Y FOR PLAINTIFF 932068 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN AND NOW, this Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL RULE 2.9 ` day of q 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 932068 .....eethan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Co LL _r)( 932068 932068 FILED-0Fi= iCL Phelan Hallinan, LLP OF THE PR0THoNo-i-A R':' Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1401)14 SEP 19 All 13: 37 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND C0t,'TY jonathan.etkowicz@phelanhallinan oma Y LVA N I A 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to Extend the Return date on Plaintiff's Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: 1. Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. 2. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014, returnable on August 18, 2014. A true and correct copy of the Rule to Show Cause is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff can provide Defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. 932068 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: 968/lY By: Phelan Hallinan, L Jonat Lobb, Esquire ATTORNEY FOR PLAINTIFF 932068 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ JT.DUNCAN • A/K/A JAMEY DUNCAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014 returnable on August 18, 2014. Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can provide defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. This Court has plenary powers to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to 932068 a liberal exercise of the power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955). Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable powers. See 23 U. Pitt.L.Rev 547 (1961). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiffs Motion to Reassess Damages. DATE: 1/18 By: Phelan Hallinan, LLP Jon an Lobb, Esquire ATTORNEY FOR PLAINTIFF 932068 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL RULE AND NOW, this 29 ` day of q 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 932068 A • M. Etkowicz, Esq., Id. No.208786 Phelan 1-lailinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 L. SWARTZ J T. DUNCAN A/IVA JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Co v2o/iy 932068 932068 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE: By: Phelan Hallinan, L P Joy Lobb, Esquire A TORNEY FOR PLAINTIFF. 932068 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL ORDER AND NOW, this Z7 day of , 2014, upon consideration of Plaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to CeyoloAr/7 Zed. Notice of the entry of this Order shall be provided to all parties by the Plaintiff. ies sw Z J.1:bw3c.bz Wa.2pti 932068 rn } 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. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN ATTORNEY FOR PLAINTIFF c) rn co cnA Court of Common as =c Civil Division era CD to CUMBERLAND County No.: 13 -6852 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE: By: Jo r a an'Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 932068 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0C-:'22 jrz L 1 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. : CIVIL DIVISION GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN No.: 13 -6852 -CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: d72(//ie Ozz Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 932068 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage y'1` o i'�1t cn. Li '. c%. a. n '�) N •t: ,a;+{ • • + .1 •, •- ` -- �9,, \., / �.1/ 1 **** TENANT/OCCUPANT 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 $0.47 2 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 3 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 ...."„ 4 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47,?------ fl '/''• � i (to 5 **** 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 $0.47. •.. .A ' :` �� _ zo -+? t RE: LINA L. SWARTZ (CUMBERLAND) PH # 932068/1021 Page 1 of 1 Writ Team $2.35 Total Number of Pieces Listed by Sender Tutu! Number of Pieces Received at Post Office PutitnnrSier. Per (Nana: of Receiving Employee) The full ,ke Enation ,d value is required un all domestic and internaturnal registered mall. The maximum indcmnil) p.ryahle for the recun.tructmn of nonnegotiable &KUM t unJcr Express Mail document reconstruction ,asurun,:e is 880.009 lar piece subject to n until of S50U.000 per occurrence The maximum indemnity payahk on Exptcse Mail merchandise is S500 "rhe maximum indemnity pay.hlc ix 52.5.000 for registered niaiL sent with optional insurance Sec Domestic ?Intl Ntanual R900 8913 .ua! S921 for limitatinns of coverage. Form 3877 Facsimile 0 00 1' Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.20,0392,- 1617 JFK Boulevard, Suite 1400 `L` One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 t^�fe i}� WELLS FARGO BANK, N.A. Plaintiff vs. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendants to show cause by October 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 17, 2014. 932068 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: io0l, By: Phelan Hallinan, LLP Justi . Kobes • ', Esq., Id. No.200392 A . rney for Plaintiff 3 932068 Exhibit "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GINA L. SWARTZ J T. DUNCAN A/KIA JAMEY DUNCAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL ORDER AND NOW, this Z day of r , 2014, upon consideration of Plaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to 1.4"l7 Lod. Notice of the entry of this Order shall be provided to all parties by the Plaintiff. es fititack.., . £Ge) d2 J.1:- -'-'1 bC.;14 Z2P (j r r ri 171'" rn w cp Li CJ 932068 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. GINA L. SWARTZ JT.DUNCAN A/KJA JAMEY DUNCAN ATTORNEY FOR PLAINTIFF r7 Court of Conimo as --4 r ; Com' I t) —16 Civil Division z a-11 CUMBERLANI rtt _i r No.: 13 -6852 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. car ru GINA L. SWARTZ J T. DUNCAN A/KJA JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE: By: Phelan Hallinan, LLP Jo obb, Esq., Id. No.312174 Attorney for Plaintiff 932068 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6852 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 DATE: 1 e%Zz// B Phelan Hallinan, LLP ..- 4beski, Esq. Id. No.200392 Atto s for Plaintiff 932068 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendants ORDER Court of Common Pleas Civil Division c a P.," CUMBERLAND Cour _ _4 . CD o � No.: 13-6852-CIVILx ' --+ nu may,'ko a� CCD T ,} -- � c � c_in -{ ry ..1.> -< CXR AND NOW, this 2.9' day of al -6k.: , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above 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 September 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Prior Escrow Deficit Suspense/Misc. Credits TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $101,282.95 $4,726.56 $346.58 $1,725.00 $884.24 $305.00 $132.54 $1,054.76 $2,663.40 ($0.96) $113,120.07 C_ t'Es n2 1lL i 4' J . gsbErlu G. 4) 2 /%QM 932068 ; 1 7 11; 9: 37 Cili'E3Erjp. , PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 13 -6852 -CIVIL GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 02/04/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: PH # 932068 Jona bb, Esq., Id. No.312174 Atto ey for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 13 -6852 -CIVIL GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: GINA L. SWARTZ 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Date: PH # 932068 014 J T. DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3Q31 Jonat n Lobb, Esq., Id. No.312174 Att rney for Plaintiff - . ,.. 2it15,j2 1C fi;11:04 COU1'TY PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 13 -6852 -CIVIL GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 02/04/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: PH # 932068 ///kfAc Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff : CIVIL DIVISION • v. : No.: 13 -6852 -CIVIL GINA L. SWARTZ J T. DUNCAN A/K/A JAMEY DUNCAN Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: GINA L. SWARTZ 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031. Date: (//lf/A5 PH # 932068 J T. DUNCAN 223 PENNSYLVANIA AVENUE ENOLA, PA 17025-3031 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff