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HomeMy WebLinkAbout13-7630 Supreme Court of Pennsylvania A ' COUPt;of CominOn Pleas C> it Cover Sheet For Prothonotary Use Only: t/ CUIIBERLAND`t ; County Docket No: The information collected on this form is used solely for court administration purposes. .This form does not supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. S Commencement of Action: Z Complaint ❑ Writ of Summons ❑ Petition B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: ANDREW J. WEARY T I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No. 312244, 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 Z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R. C A 205.5 Updated 01/01/2011 GTARy CGS 13 ERL r Nq CO ENNS YLYANIA Y PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF John D. Krohn, Esq., Id. No. 312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION .- FORT MILL, SC 29715 9 V v Plaintiff, NO.: �j -� 0 VS. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013 -2405 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now. comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, ANDREW J. WEARY, is an individual whose last known address is I os r-0 062 -PA -V3 1 207 NORTH BEDFORD STREET, CARLISLE, PA 17013 -2405. 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 July 31, 2012, ANDREW J. WEARY made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CLEARPOINT FUNDING, INC., A DELAWARE CORPORATION a Mortgage in the original principal amount of $83,361.00 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. 201223164. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded December 11, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201238487. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. ANDREW J. WEARY is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2013. 062 -PA -V3 8. As of 12/13/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 81,973.97 Interest $ 1,419.65 From 06/01/2013 to 12/13/2013 Late Charges $ 0.00 Escrow Advance $ 698.97 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO /Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 84,092.59 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. 062-PA-V3 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $84,092.59, 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: 42.7',13 John D. Krohn, Esq., No. 312244 Attorney for Plairftiff 062 -PA -V3 Exhibit "A" NOTE FHA Case No, JULY 31, 2012 WESTBOROUGH MASSACHUSETTS [Date] [City] [State] 207 N BEDFORD ST, Carlisle, Pennsylvania 17013 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means CLEARPOINT FUNDING, INC., A DELAWARE CORPORATION 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 stun of EIGHTY -THREE THOUSAND THREE HUNDRED SIXTY -ONE AND 00 /100 Dollars (U.S. $ 83,361.00 plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of THREE AND 250/1000 percent ( 3.250 %) per year until the full amount of principal has been paid. 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." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on SEPTEMBER 1, 2012 . Any principal and interest remaining on the 1st day of AUGUST, 2042 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 4 TECHNOLOGY DRIVE, SUITE 200, WESTBOROUGH, MASSACHUSETTS 01581 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U. S. $ 3 6 2 . 7 9 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. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shalt amend and supplement the covenants of this Note as if the allonge were a part of this Note. MULTISTATE- FHA FIXED RATE NOTE Docatayfat USFHA.NTE 09/25/09 Page 1 of 3 www.doanagic.com i I (Check applicable box.) ❑ Growing Equity Allonge ❑ Graduated Payment Allonge ❑ Other [specify]: 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first 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. 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, Lender may collect a late charge in the amount of FOUR AND 0 0 0 / 10 0 0 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 I regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in 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 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. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is 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 MULTISTATE - FHA FIXED RATE NOTE Dodtley►c USFHA.NTE 09125109 Page 2 of 3 www_docmaplc•com i I 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 covenants contained in this Note. I ' I (Seal) (Seal) ANDREW J WEARY - Borrower - Borrower I I (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) i - Borrower - Borrower I PAY TO THE ORDER OF: WITHOUT RECOURSE I CLEARPOINT F IN UI. A CORPORATION BY: j ITS: Kim Kusnarowis Closing Department Manager Sign Original Only] MULTISTATE - FHA FIXED RATE NOTE DWMag/c USFHA.NTE 09!25/09 Page 3 of 3 www.docmagk.caom I Exhibit "B" LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania and bounded and described as follows: ON THE WEST by North Bedford Street; on the North by property now or formerly of Mary Hildebrandt; on the East by property now or formerly of D. Lesher; and on the South by property now or formerly of Hildebrandt. CONTAINING 17 feet, 6 inches in front on said North Bedford Street, and extending in depth 120 feet to property now or formerly of D. Lesher. HAVING THEREON erected a dwelling house known as No. 207 North Bedford Street, Carlisle, Pennsylvania. SUBJECT, HOWEVER, to such recorded easements, restrictions and conditions that may apply to the afore - described tract of land. PROPERTY ADDRESS: 207 NORTH BEDFORD STREET, CARLISLE, PA 17013 -2405 PARCEL #02 -21- 0318 -010 File #: 938362 VERIFICATION Nathaniel Orendain, hereby states tha he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tha he he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of OIS e r information and belief. The undersigned understands that this statement is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Nathanie rendai Title: Vice Pr L n Documentation Company: Wells Fargo Bank, N.A. Date: 12/18/2013 086 -PA -V2 File #: 938362 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) r� ANDREW J. WEARY �= ,x 1 22; Defendant(s) evil p r NOTICE OF RESIDENTIAL MORTGAGE FORECUMME' DIVERSION PROGRAM C-- G, 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 Mid'enn 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 represotative 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 tomeet 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: 113 Date John D. Krohn, Esq., Id. No. 312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: -- Zip : Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fueUre airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone 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: b Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 938362 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff = HE`E l' ii _E '.. Jody S Smith `° Chief Deputy [l Jr;r — Mt �J y ,, Richard W Stewart ; .;n Solicitor F`; ` PENSYL Vr=.UTA Wells Fargo Bank vs. Case Number Andrew J Weary 2013-7630 SHERIFF'S RETURN OF SERVICE 12/30/2013 03:03 PM - Deputy Shawn Harrison, being duly sworn according to law, served t e resuested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in f •. ,,e For:closure by o "personally"handing a true copy to a person representing themselves . Defe dant, to wit: Andrew J Weary at 207 North Bedford Street, Carlisle Borough, Carlisl ' 013. SH' H'RRIS*, , i - TY SHERIFF COST: $34.78 SO ANSWERS, g IC.1 December 31, 2013 RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 i ��FrV Ff"V t�r -Attprney.for Plaintiff IIRERL i PEN;'1SYL,v';,N0A''t �' WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Court of Common Pleas Civil Division No. 13 -7630 -CIVIL Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On December 30, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due July 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 30, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the 938362 Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has 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: 6.12./<<i BY: 938362 Respectfully submitted, PHELAN HALLINAN, LLP D. Troy e,Ylars, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No. 312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Ali. CfhCE OF THEl h.uTHiNOTARY as OEC 30 Alf 9s 33 CUUNTY r.a CO PENNSYLVANIA, 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. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Defendant. CIVIL DIVISION NO.: 13 CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now. comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, ANDREW J. WEARY, is an individual whose last wimp COPY be atruen cop, s eitintfi 062 -PA -V3 ' $8ROW otde fl OlisCOS FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. ANDREW J. WEARY 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 const tithe the following steps to he eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'etut 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 rcpreseativc within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so ihat: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. I-I:owever, 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 fonnat 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 tomeetwith 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. Date 12. Respectfully submitted: John D. Krohn, Esq., Id. No. 312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Yes State: Zip: Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes No 0 Mailing Address (if different): City: Phone Numbers: Email: Home: Cell: State: Zin: Office: Other: ft of people in household: How long? Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Office: Cell: Other: # of people in household: How long? 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 EJ No EJ 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, Motorcyc)es): Model: Year: Amount owed: Value Monthly Income Name of Employers: I. Monthly Gross Monthly Net 2. Monthly Gross Month Iy 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 ortgage _ Utilities Car Payment(s) Condo/Neigh. Fees Med. (not covered) Other prop. payment Cable TV Auto Insurance Auto fuel/repairs Install. Loan Payment Child Support/Alim. Spending Money Other Expenses Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Rousing Counseling Agency? Yes El No 0 If yes, please provide the following information: Counseling Agency: Phone (Office): Fax: Counselor: 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: 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 foith 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 Filen, 938362 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405. 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 July 31, 2012, ANDREW J. WEARY made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CLEARPOINT FUNDING, INC., A DELAWARE CORPORATION a Mortgage in the original principal amount of $83,361.00 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. 201223164. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded December 11, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in InStrument No. 201238487. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. ANDREW J. WEARY is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2013. 062 -PA -V3 8. As of 12/13/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Interest $ 81,973.97 $ 1,419.65 From 06/01/2013 to 12/13/2013 Late Charges $ 0.00 Escrow Advance $ 698.97 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO/Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 84,092.59 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, 062 -PA -V3 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this' action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $84,092.59, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: f142?'►3 062 -PA -V3 By: John D. Krohn, Esq., Attorney for Plaii Tio 312244 Exhibit "A" JULY 31, 2012 (ow) NOTE FHA Case No. WESTBOROUGH MASSACHUSETTS (City) (State) 207 N BEDFORD ST, Carlisle, Pennsylvania 17013 (Property Add«ssi 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means CLEARPOINT FUNDING, INC. , A DELAWARE CORPORATION 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 EIGHTY-THREE THOUSAND THREE HUNDRED SIXTY-ONE AND 00/100 Dollars (U.S, S 83, 361.00 ), plus interest, to the order of Lender, Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of THREE AND 250/1000 percent ( 3.250 %) per year until the full amount of principal has been paid. 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." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment on SEPTEMBER 1, 2012 AUGUST, 2042 (H) Place Payment shall be made at • 4 MASSACHUSETTS 01581 of principal and interest to Lender on the is t day of each month beginning . Any principal and interest remaining on the 1st day of , will be due on that date, which is Balled the "Maturity Date," TECHNOLOGY DRIVE, SUITE 200, WESTBOROUGH, , or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 362.79 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest nnd:otlier Reins in the order described in the Security Instrument. (D) Allooge to t`hIs Note for Payment Adjustments If an allonge providing for payment adjustments iaexccuted by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. MULTISTATE • FHA FIXED RATE NOTE USFHA.NTE 09/25/09 Page 1 of 3 Oadnaple Monate www.doonagk.mm (Check applicable box,) ❑ Growing Equity Allonge Q Graduated Payment Allongc Q Other (specify]: 5. BORROWER'S RIGHT TO PREPAY Borrower has the. right to pay the debt evidenced by this Note, in whole or In part, without charge or penalty, on the first day army 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. 6. BORROWER'S FAILURE TO PAY (A) Lute Charge for Overdue _Payments 1'f Lender has not received the full monthly payment required by the Security instrument, as described in i'arttgraph 4(C) adds Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late luugc in the amount of POUR 'AND 000/1000. percent ( 4.000 °/a) of the overdue amount of each payment. (B) Default If Borrower defaults by failins to pay i►► full any monthly payment, then Lender may, except as limited by regulations of die Secretary in the case of pnyment 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 dcfbult. in many circulnstnnces, regulations issued by 'the Secretary will limit Lender's, rights to require immediate payment in Rill in the castor payment dcihults. nit; Note does not authorize acceleration when not ;permitted by HUD regulnlions, As used in this 'Nile, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Coats 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 bcar.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" moans the right to require Lender to give notice to other persons that'nmounts due have not been paid. S. 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 fust class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender P notice of l3orrowcr's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by malting it by first class mail to. Lender at the address stated in P aragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In this Note, including the promise to ray the Nil 'amount owed, Any person who Is a guarantor, surety or endorser of this Note is also obligated lo'do these things. Any person who lakes 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 MULTISTATE - FHA I•1XFD RATE NOTE USFHA.NTE 09125109 OocN9%c Monger Page 2 of 3 www.dormagle.com this Note. Lender may enforce Its rights under Ibis 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 covenants contained In this Note, (ANDREW J WEARY (Seal) -Borrower (Seat) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower PAY TO THE ORDER OF: WITHOUT RECOURSE CLEARPOINT PUN BY: ITS: -Borrower A CORPORATION Kim KusnaroWis Closing Department Manager [Sign Original Only] MULTISTATE • FHA.I JX ED RATE NOTE: 'USFHA.NTE 09125109' Doe tsgla Pape 3 of 3 www.docmaQk.mm Exhibit "B" LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania and bounded and described as follows: ON THE WEST by North Bedford Street; on the North by property now or formerly of Mary Hildebrandt; on the East by property now or formerly of D. Lesher; and on the South by property now or formerly of Hildebrandt. CONTAINING 17 feet, 6 inches in front on said North Bedford Street, and extending in depth 120 feet to property now or formerly of D. Lesher. HAVING THEREON erected a dwelling house known as No. 207 North Bedford Street, Carlisle, Pennsylvania. SUBJECT, HOWEVER, to such recorded easements, restrictions and conditions that may apply to the afore -described tract of land. PROPERTY ADDRESS: 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405 PARCEL #02-21-0318-010 Pileif: 938362 VERIFICATION Nathaniel Orendain, hereby states tha he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tlia he lie is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofer 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: Nfflhani Title: Vice Pi n Documentation Company: Wells Fargo Bank, N.A. Date: 12/18/2013 086 -PA -V2 File#: 938362 Exhibit "B" • 40 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RcrnnyflAnderson — - Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i%tv et 4%1I Ott/ . Ak. &V.A. 4Ftfi oFtics OF T14 PIRIFF Wells Fargo Bank vs. Andrew J Weary Case Number • 2013-7830 SHERIFF'S RETURN OF SERVICE 12/30/2013 03:03 PM - Deputy Shawn Harrison, being duly sworn according to law, se Residential Mortgage Foreclosure Diversion Program and Complaint In "personally" handing a true copy to a person representing themselves Andrew J Weary at 207 North Bedford Street, Carlisle Borough, Carlini SHERIFF COST: $34.78 sted Notice of osure by dant, to wit: SO ANSWERS, December 31, 2013 R R ANDERSON, SHERIFF Y.. •00,. (c) CounlySulloSMIflt. Totemoft Inc. It 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. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 13 -7630 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiffs 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: ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Date: E/Z // 9 938362 By: q), D. Troy cellars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Defendant Court of Common Pleas Civil Division No. 13 -7630 -CIVIL Cumberland County ORDER AND NOW, this day of M , 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. CC: 938362 Andrew J. Weary D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff BY THE COURT: W AN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 ..„/"DREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 041ies 5/7/1c/ 4,7712 938362 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. ANDREW J. WEARY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13-7630 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) ANDREW J. WEARY is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant ANDREW J. WEARY is over 18 years of age and resides at 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date fr / Ph an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 938362 ,Department of Defense Manpower Data Center Results as of : Jun -13-2014 12:10:12 AM SCRA 3.0 Status Report P uant to Servietexnembers Civil l lief Act Last Name: WEARY First Name: ANDREW Middle Name: J 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 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 No NA This response reflects whether the individual or his/her unit has received earty 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, NOM, 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 '� '� f. `� ' Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312,1 1617 JFK Boulevard, Suite 1400e;`'` � �s� C�'��i';; One Penn Center Plaza i EPS+P"o Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ANDREW J. WEARY CIVIL DIVISION No. 13-7630 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 ANDREW J. WEARY, 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 $84,092.59 TOTAL $84,092.59 1 hereby certify that (1) the Defendant's last known address is 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J athan Lobb, Esq., Id. No.312174 Attorney Plai 'ff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: --^^ 3h i w PH#938362 PROTHONOTARY -- 'Sb QAC COV lyWU 938362��3�1SS� A PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. CIVIL DIVISION ANDREW J. WEARY No. 13-7630 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) ANDREW J. WEARY is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant ANDREW J. WEARY is over 18 years of age and resides at 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /Io /d Phe Hallinan,LLP Jo than 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 938362 Department of Defense Manpower Data Center Resutts as of:Jun-20-2014 12:08:25 AM SCRA 3.0 F 'Status Report Pursuant to Serviceme mbers Civil Relief Act. Last Name: WEARY First Name: ANDREW Middle Name: J Active Duty Status As Of: Jun-20-2014 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 Das of Active Duty Slatus Date Active Duty Start Date Active Duty End Date Status service Component NA --- NA - - No NA This response refects 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 refects whether the individual or his/her unit has receivedearly notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed'Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ANDREW J. WEARY CIVIL DIVISION No. 13-7630 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on d3 By: 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 1.9103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 938362 d WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. ANDREW J.WEARY NO. 13-7630 CIVIL Defendant(s) CUMBERLAND COUNTY TO: ANDREW J.WEARY 207 NORTH BEDFORD STREET CARLISLE,PA 17013-2405 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 ..:17)249-3166 By: M:ii<h i ] Dingcrdi e� ,Esq.,Id. o;.: 7124 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#938362 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-7630 CIVIL Andrew J. Weary Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $84,092.59 Interest from 06/24/2014 to Date of Sale $2,252.66 ($13.82 per diem) f_ TOTAL r' c 86 345.25 r'� ` -'o V) _ CJ i r Phe Hallinan LLP 1'c) r Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#938362 IN �y g 1461 L T cJ Q) O L ..r f1 L 0 O C 'b L b cz Q Q C-1 U F�1 zz w O a w LW H o N _O o Z E-� U U � o z wo z w ooi as 0 PC Q Ti zUati ¢ LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street in the First Ward of the Borough of Carlisle,Cumberland County,Pennsylvania and bounded and described as follows: ON THE WEST by North Bedford Street;on the North by property now or formerly of Mary Hildebrandt;on the East by property now or formerly of D.Lesher;and on the South by property now or formerly of Hildebrandt. CONTAINING 17 feet, 6 inches in front on said North Bedford Street,and extending in depth 120 feet to property now or formerly of D.Lesher. HAVING THEREON erected a dwelling house. SUBJECT,HOWEVER,to such recorded easements,restrictions and conditions that may apply to the afore- described tract of land. TITLE TO SAID PREMISES IS VESTED IN Andrew J. Weary, single,by Deed from Donna K. Fleetwood, a married individual, dated 07/31/2012,recorded 08/01/2012 in Instrument Number 201223163. PREMISES BEING:207 North Bedford Street,Carlisle,PA 17013-2405 PARCEL NO.02-21-0318-010 PHELAN HALLINAN, LLP Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 �4;� One Penn Center Plaza Philadelphia, PA 19103 �i,.� 4t4I ;k� ,E, Jonathan.Lobb@phelanhallinan.com "I'V A N A 215-563-7000 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 13-7630 CIVIL Andrew J. Weary , Defendant(s) , Cumberland County CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ✓ P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff b' r Wells Fargo Bank, N.A. COURT OF COMMON PLEAS Plaintiff `.`, 2 a t,:r :i.'! CIVIL DIVISION V. , J I"4 ;( I��i°�i' 1) i,G U i i i NO.• 13-7630 CIVIL Andrew J.Weary PC INNjSYLVA f11A Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 207 North Bedford Street,Carlisle,PA 17013-2405. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Andrew J.Weary 207 North Bedford Street Carlisle,PA 17013-2405 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) Andrew J.Weary 207 North Bedford Street Carlisle,PA 17013-2405 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#938362 r 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 207 NORTH BEDFORD STREET CARLISLE,PA 17013-2405 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for The Middle District of PA PO Box 11754 Federal Building 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: /if By: , XVIZ P lan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#938362 Wells Fargo Bank, N.A. COURT OF COMMON PLEAS �: . 1.3 � . D CCI Ll ,,I, Plaintiff CIVIL DIVISION �'����°`` VS. NO.: 13-7630 CIVIL Andrew J.Weary Defendant(s) Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Andrew J. Weary 207 North Bedford Street Carlisle,PA 17013-2405 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 207 North Bedford Street, Carlisle,PA 17013-2405 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$84,092.59 obtained by Wells Fargo Bank,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. Y 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 a SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-7630 CIVIL Wells Fargo Bank,N.A. V. Andrew J. Weary owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 207 North Bedford Street, Carlisle,PA 17013-2405 Parcel No. 02-21-0318-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $84,092.59 Attorneys for Plaintiff Phelan Hallinan, LLP Y V LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street in the First Ward of the Borough of Carlisle,Cumberland County,Pennsylvania and bounded and described as follows: ON THE WEST by North Bedford Street;on the North by property now or formerly of Mary Hildebrandt;on the East by property now or formerly of D.Lesher;and on the South by property now or formerly of Hildebrandt. CONTAINING 17 feet,6 inches in front on said North Bedford Street,and extending in depth 120 feet to property now or formerly of D.Lesher. HAVING THEREON erected a dwelling house. SUBJECT,HOWEVER,to such recorded easements,restrictions and conditions that may apply to the afore- described tract of land. A TITLE TO SAID PREMISES IS VESTED IN Andrew J. Weary, single, by Deed from Donna K. Fleetwood, a married individual, dated 07/31/2012,recorded 08/01/2012 in Instrument Number 201223163. PREMISES BEING: 207 North Bedford Street,Carlisle,PA 17013-2405 PARCEL NO.02-21-0318-010 Of CU THE COURT OF COMMON PLEAS a` CUMBERLAND COUNTY PA o Z DAVID D. BUELL,PROTHONOTARY " a One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717)240-6195 s o www.ccpa.net WELLS FARGO BANK,N.A. Vs. NO 13-7630 Civil Term CIVIL ACTION—LAW ANDREW J. WEARY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: . To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $84,092.59 L.L.: $.50 Interest FROM 6/24/2014 TO DATE OF SALE($13.84 PER DIEM)-$2,252.66 Atty's Comm: Due Prothy: $2.25 Atty Paid: $183.53 Other Costs: Plaintiff Paid: Date: 6/23/2014 David D.Buell,Prothonotary (Seal) B Deputy REQUESTING PARTY: Name: JONATHAN LOBB,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PH # 938362 DEFENDANT SERVICE TEAM/ ]xh ANDREW J. WEARY COURT NO.: 13-7630 CIVIL SERVE ANDREW J. WEARY AT: 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to ANDREW J. WEARY, Defendant on the 3)4°day of TO d•-`/ , 20 l g, at CP9-0 , o'clock k. M., at ROS N $EPRIRD STS Cj}J2.L-(S E MA , 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: Description: Age 30 Height 5"?." Weight (3 S Race W Sex M Other 1 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. NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , a competent adult hereby BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff C"),_.) Civil Division . @ - �� r'v. ! r1 C*71 CUMBERLAND C@nty _ ANDREW J. WEARY r- -x No.: 13-7630 CIVIL c3 ? Defendant =`D 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 December 30, 2013. 2. Judgment was entered on June 23, 2014 in the amount of $84,092.59. 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. 938362 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 1, 2014 Legal fees Cost of Suit and Title Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $81,973.97 $3,552.16 $2,075.00 $749.26 $243.12 $4,124.42 TOTAL $92,717.93 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 ofjudgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiffavers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion to Lift Conciliation Stay dated May 7, 2014. 938362 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ql(-2/iy By: Phelan Hallinan, LLP Jonat ► M. Etkowicz, Esquire ATT EY FOR PLAINTIFF 3 938362 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. ANDREW J. WEARY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-7630 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE ANDREW J. WEARY 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 207 NORTH BEDFORD STREET, CARLISLE, PA 17013-2405. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 938362 t outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v, Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 938362 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 938362 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 938362 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 Pad 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 938362 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the 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. 938362 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 938362 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phe Hallin , LLP Jona Atto 8 . Etkowicz, Esquire or Plaintiff 938362 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@phelanhallinan.corn 215-563-7000 WELLS FARGO BANK, N.A. ANDREW J. WEARY LL F THE PRO iHONOTAr, Attorney for Plaintiff 2014 JUN 23 API 9: 3 I CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13-7630 CIVIL AttOIThly rn Phase PRAECWE 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 ANDREW J. 4651Mpa,, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's follows: As set forth in Complaint TOTAL $84,09239 r .*44;320 $84,09259 I hereby certify that (1) the Defendant's last known address is 207 NORTH BEDFORD STREE1 , CARLISLE, PA 17013-2405, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 'athan Lobb, Esq., Id. No.312174 Attom for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 938362 PROTHONOTARY 938362 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 11, 2014 ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 RE: WELLS FARGO BANK, N.A. v. ANDREW J. WEARY Premises Address: 207 NORTH BEDFORD STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 13-7630 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly ycf.urs Jo E�i ait M.Etkowiez, Esq., Id. No.208786 At iey for Plaintiff Enclosure 938362 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. ANDREW J. WEARY Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 DATE: //VW CUMBERLAND County No.: 13-7630 CIVIL ANDREW J. WEARY 399 N WALNUT ST MOUNT HOLLY SPRINGS, PA 17065-1507 Phel By: Jon AT LP M. Etkowicz, Esquire EY FOR PLAINTIFF 938362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. ANDREW J. WEARY Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-7630 CIVIL AND NOW, this Z day of 2014, 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 938362 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 ADREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 a 'I" 9/cupy DREW J. WEARY 399.N WALNUT ST MOUNT HOLLY SPRINGS, PA 17065-1507 938362 938362 Hallinan, LLP onathan 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. ATTORNEY FOR PLAINTIFF CZ=, rri CD , Court of Common. 7:0 Civil Division > 01 CUMBERLAND County ANDREW J. WEARY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 DATE: No.: 13-7630 CIVIL ANDREW J. WEARY 399 N WALNUT ST MOUNT HOLLY SPRINGS, PA 17065-1507 Phelan Hallinan, LLP By: Jona obb, Esq., Id. No.312174 Attorney for Plaintiff 938362 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.31=2i 74`t1 1617 JFK Boulevard, Suite 1400;.. One Penn Center Plaza` ` ` Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 2' 48 ATTORNEY FOR PLAINTIFF iGv c..UL)if. I t WELLS FARGO BANK, N.A. Plaintiff vs. ANDREW J. WEARY Court of Common Pleas Civil Division CUMBERLAND County No.: 13-7630 CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 18, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendant to show cause by October 13, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2014. 938362 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: /€//-7// : By: Phelan Hallinan, LLP onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 938362 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. ANDREW J. WEARY Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-7630 CIVIL RULE AND NOW, this ✓ day of ,,4.4.4' 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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. cn rr N CDrr; • r•. 938362 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 ATl"ORNBY FOR iFF r� 1 -11 ci s - Coart of Com s. o © r Civil Division vs. ANDREW J. WEARY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule' directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CUMBERLAN CA) No.: 13-7630 CIV, ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 DATE: /8 _ By: ANDREW J. WEARY 399 N WALNUT ST MOUNT HOLLY SPRINGS, PA 17065-1507 Phelan Jona ; Lobb, sq., Id. No.312174 Attorney for Plaintiff 938362 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. ANDREW J. WEARY Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 DATE: /ab By: CUMBERLAND County No.: 13-7630 CIVIL ANDREW J. WEARY 399 N WALNUT ST MOUNT HOLLY SPRINGS, PA 17065-1507 Phelan Hallina LLP Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 938362 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. ANDREW J. WEARY Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-7630 CIVIL ORDER AND NOW, this Z1eday of Oc*'b,✓ , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs 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 $81,973.97 Interest Through September 25, 2014 $3,552.16 Legal fees $2,075.00 Cost of Suit and Title $749.26 -ri Mortgage Insurance Premium/ Private Mortgage Insurance $243..1a .=- Escrow Deficit $4,124.1- o r-r1i 1J -4 no rn cni N G CD 1 TOTAL $92,717.p71 = -n = c> 7 4`' Plus interest at six percent per annum. -17-a• m 7 rr•, Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 938362 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. ANDREW J. WEARY Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . No.: 13-7630 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set fort and as amended if applicable. A copy of the Certificate of Mailing (F i, rm 3817) a _ _ rt:,. mil Return Receipt stamped by the U.S. Postal Service is attac ed hereto Exhibit "A". Date: 1 -2_ (4 Paul Cres an, E ,• ., Id. No.318079 Attorney for 'lai iff IMPORTANT OTI E: 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 # 938362 Name and Phelan Hallinan, UP Address 11.11. 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/CET • 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address 1 TENANT/OCCUPANT 207 NORTH BEDFORD STREET CARLISLE, PA 17013-2405 Postage $0.47 2 3 sass 4 5 sass sass Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA. Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 S0.47 .RE:-ANDREsW;L WEARY(CUMBERLAND) PH# 938362/1021 -Pagel oft " -1Vrit-Team_ 42.35 Total Number of Pieces Uxsedhy Sender Total Number of Pieces' Received al Pm (offeree Postmaster. Per Mame of itemising Emphq xl The OS eko amIlce of wade a rtyaired on ser domestic and International resiuend man, The maximum Indemnity payable foe tie rtrssnstnrin r of mmtxho.iahk li'eunond, ndarExpeess Mall dceonseid retton<truction insurance ieS5410011 per piece collect a. limit of $.5e10.0011pa resonance. The maximum indemnitypeyahk r1n Express Mail merchandise or $510. 'Re naoinmm indemnity payable is 525900 for registered mill, sent with optimal insurance, See Domestic Mail Manual 11900 5911 and 5921 tin limitations of coverage. Form 3877 Facsimile Name and Address Of Sender Phelan Hatlinan, ILP 1617 1FK BoUlevard, Suite 1400 One Penn CenterPlaia IThiladeinhla, PA 19103 JOH Line .Article Number Name.of Addressee, Street, and.Post Office Address Postage 1 ****. ANDREW J. WEARY 207 NORTH BEDFORD STREET CARLISLE, PA 170134405. $0.47 2 **** ANDREW j.'WEARY . - • 399N WALNUT. ST, . .. , MOUNT HOLLY SPRINGS, PA 17065-1507 $0.47 RE: ANDREW J. WEARY (CUMBERLAND) PH N.938362/1200 . Page 'I of 1 $0.94 row Number of Picea Lied by Sender Total Numbesof Pie= Sec:dived in Poit Oltic.c , .Poutnaster, Pet (Name of Receiving EMployee T Tbofull &dal:40,1'ot value 4 roguired on all domestic and international registered mail. llsebumin . • .• for dieseebndruedon of nonne54iable documents ander Express Mail document mem:strutting inset Mem titilject to'. limit of SS00,000 per «via -nice. The miiiiinutti indeitmity payable on Eltprets M The maxtrauM indemnity payable's 515,000 for tegiatered mail, act withal:64ml insurance. See 0 Mb 5913 and S921 for limliallans of coverage. • Form 3877 Facsimile 938362