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HomeMy WebLinkAbout14-0295 Supreme Court of Pennsylvania 4 Court Comm Pleas For Prothonotary Use Only: It Cek eet Cut ER RAND` County { Docket No: x� :�~ 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 by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: MARY L. NEAL A/K/A MARY NEAL T I Dollar Amount Requested: El within arbitration limits Are money damages requested? El Yes No x ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters Esq., Id No 307207 Phelan Halligan, 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 $ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin • Dental ❑ Quiet Title ❑ Other: • Legal ❑ Other: • Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 ,..; TA ; .f zj 4 JAN 14 Ail fu: INS YLVANI ,d PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith. Wooters @phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 C Plaintiff, NO.: �� J (� vs. MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324 -8944 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 STATEVIE a ��4 11 LL Aovas BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, MARY L. NEAL A/K/A MARY NEAL, is an individual whose last known address is 445 OLD STATE ROAD, GARDNERS, PA 17324 -8944. 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 December 3, 2010, MARY L. NEAL by LISA NEAL MARTIN, HER POA made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $198,000.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201036501. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. 6. MARY L. NEAL A/K/A MARY NEAL is record and real owner of the aforesaid mortgaged premises. 7. The mortgage is in default as a result of the mortgaged premises ceasing to be the principal residence of the Mortgagor and the mortgaged premises is not the principal residence of at least one other borrower as more fully set forth in paragraph 9(b) of said mortgage. 8. As of December 30, 2013, the amount due and owing Plaintiff on the mortgage is as follows: The amount due the Plaintiff on said Note through 12/30/2013 is $110,478.64 which breaks down as follows: Principal $88,905.41 Interest from 12/31/2010 to 12/30/2013 @ variable rate(s) $7,246.45 Pre - acceleration Late Charges $0.00 Hazard Insurance Disbursements $4,235.00 Tax Disbursements $3,667.21 Property Inspections /Preservation $45.00 PMI \MIP Insurance $6,379.57 Bankruptcy Fees /Costs $0.00 Other (Service Fees) $0.00 (Appraisal Fees) $0.00 Escrow Balance Credit $0.00 Credits to Borrower $0.00 Total $110,478.64 Per diem interest in the amount of $7.15 will accrue on the principal from 12/30/2013 and thereafter in accordance with the Note. 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 and the property securing the mortgage is not the principal residence of the mortgagor. 11. The mortgage premises are vacant and abandoned 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $110,478.64, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. n By: Date: J' Mer ith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Exhibit "A" ADJUSTABLE RATE NOTE ORIGI, (HOME EQUITY CONVERSION) FHA Case No. Loan No. MERS MIN: NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. THIS NOTE LIMITS THE MAXIMUM RATE I MUST PAY. DECEMBER 03, 2010 445 OLD STATE ROAD j GARDNERS, PA 17324 [Property Addressl 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means WELLS FARGO BANK, N.A. and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated 12/03/10 ( " Loan Agreement "), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. Interest will be charged on unpaid principal at the rate of TWO AND 456/1000 percent 1 2.456 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5 of this Note. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment in full, as provided in Paragraph 7 of this Note. (B) Place Payment shall be made at WELLS FARGO BANK, N.A. 3480 STATEVIEW BLVD. MAC X7802 -036 FORT MILL, SC 29715 -7203 800 - 472 -3209 orany such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ( "Property "). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. INTEREST RATE CHANGES (A) Change Date The interest rate may change on the first day of MARCH 2011 and on ❑ that day of each succeeding year ❑X the first day of each succeeding month. "Change Date" means each date on which the interest rate could change. 1B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the average of interbank offered rates for one -month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published in The Wall Street Journal, rounded to three digits to the right of the decimal point. The "Current Index" means the most recent Index figure available 30 days before the Change Date, and if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of that week. If the day that is 30 days before the Change Date is a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of the immediately prior week. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 200/1000 percentage points ( 2 .200 %) to the Current Index. Subject to the limits stated in Paragraph 5(D) of this Note, this amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes ❑ The interest rate will never increase or decrease by more than two percentage points (2.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0 %) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. Not Amerken loan P,,duetien Services Penneyi-6, RECM ARM New 02008 Fi,et Americen Reel Estate So Wtione L:C FALPS-WELLS# DR67: 08 /C6 NMFL 0891 7P Doc Id: OWPA A— 0112010 Page 1 0 3 RI The interest rate will never increase above TWELVE AND 456/1000 percent( 12.456 %) (E) Notice of Changes Lender will give notice to Borrower of any change in the interest rate. The notice must be given at least 25 days before the new interest rate takes effect, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the Current Index and the date it was published, (vi) the method of calculating the adjusted interest rate, and (vii) any other information which may be required by law from time to time. (F) Effective Date of Changes A new interest rate calculated in accordance with paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date, unless the Change Date occurs less than 25 days after Lender has given the required notice. If the interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note decreased, but Lender failed to give timely notice of the decrease and applied a higher rate than the rate which should have been stated in a timely notice, then Lender shall recalculate the principal balance owed under this Note so it does not reflect any excessive interest. 6. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 11 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: Fir , to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth • to the remaining portion of the principal balance. A Borrower may specify whether a prepayment is to be credited to that portion of the principal balance representing monthly payments or the line of credit. If Borrower does not designate which portion of the principal balance Is to be prepaid, Lender shall apply any partial prepayments to an existing line of credit or create a new line of credit. 7. IMMEDIATE PAYMENT IN FULL 1A) Death or Sale Lender may require immediate payment in full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment in full as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorneys' fees, associated with enforcement of 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. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 8. WAIVERS Borrower waives the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless Applicable Law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. Fiat A—d— Loan P,aduction S—ices Pe— ylvana HELM ARM Note C 7008 Flat American Real Eetate SeWt— LLC FALPS- WELLS#DR68:08!08 NMFL#BB17PA Doc Id:.WPA Page 2 013 11. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursements by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii), and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note held by Secretary, notwithstanding anything to the contrary in Paragraph 7 of this Note; or (ii) Be obligated to pay interest under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraphs 2 or 5 of this Note or any Allonge to this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. br/ boa (seal) MARY L NEAL - Borrower BY LISA NEAL MARTIN, HER POA (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower = `y� TV{ ORDER ti(t)ELl A Fnr American Loan Production Smviu HELM ARM Nola ® 2008 Firm Am#rio#n R-1 E.— Soknio LLC FALPS- WELLS# DRBB: 08109 NMFL #881 )PA Doc Id: DWPA Pipe 3 of 3 Exhibit "B" LEGAL DESCRIPTION All that hereinafter described tract of land situate and being in the Township of South Middleton, the County of Cumberland and the State of Pennsylvania abounded and described as follows, to wit: Beginning at an iron pin on the east side of the Old Carlisle Road leading from Mount Holly Springs to Route 34; thence running along the east side of said road north 100 feet to iron pin; thence running east along lands of Ralph Neal 220 feet to iron pin; thence running south along lands of W.K. Peffer 100 feet, to iron pin; thence running west along lands of W.K. Peffer 220 feet to place of beginning. Parcel #40 -38 -2175 -007 PROPERTY ADDRESS: 445 OLD STATE ROAD, GARDNERS, PA 17324 -8944 PARCEL #40 -38- 2175 -007. File #: 939934 VERIFICATION Sherri W. McManus, hereby states that she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. Wells Fargo Bank, N.A. • G erri W. McManus Vice President Loan Documentation Wells Fargo Bank, N.A. 01/08/2014 939934 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. MARY L. NEAL A/K/A MARY NEAL s Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must providethe 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 representati✓e 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 hav 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 thala loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: VV A Date Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff > 3 >(` s - CD w -r-., (= E; FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/1"RI MARY APPLICANT Borrower name(s): Property Address: State: Zip: City: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: State: Zip: City: 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 #l: 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: I . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mort a e Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 939934 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson "-'- �F 'I( Sheriff ; Is 'r{(� tiC�� �� jr tf Jody S Smith ° 2014 FEB I I PFD 3: 16 Chief Deputy Richard W Stewart EPLAP� COUNTY Solicitor PENNSYLVANIA Wells Fargo Bank vs. Case Number Mary L Neal 2014-295 SHERIFF'S RETURN OF SERVICE 01/23/2014 03:07 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mary L Neal, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 445 Old State Road, South Middleton Township, Gardners, PA 17324. Residence is vacant. 01/29/2014 12:03 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sam Martin, Son Inlaw, who'ccepted as"Adult Person in Charge"for Mary L Neal at 5 Buffalo Drive, Southampton, Shippe• •u •f 7257. " lAM CLINE, DEPUTY SHERIFF COST: $63.03 SO ANSWERS, January 30, 2014 RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP L lip , Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 C M ERLAN J COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MARY L. NEAL A/K/A MARY NEAL : No. 14 -295 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) MARY L. NEAL A /K/A MARY NEAL 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 MARY L. NEAL A /K/A MARY NEAL is over 18 years of age and has last known addresses at 5 BUFFALO DRIVE, SHIPPENSBURG, PA 17257 -9013 and 445 OLD STATE ROAD, GARDNERS, PA 17324 -8944. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /ly Ph n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 939934 Department of Defense Manpower Data Center Status Rcpt Pursuant to Servi Last Name: NEAL First Name: MARY Middle Name: L Active Duty Status As Of Apr -14 -2014 Results as of : Apr -14 -2014 05:18:44 AM Civil . Relief Act. SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAB rr No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty $tart 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 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 The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA .NA - .. No NA This response reflects whether the individt t or hisiher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, 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 Jonathan Lobb, Esq., Id. No.312174 t!I OR \I 1617 JFK Boulevard, Suite 1400 it ,I,BER.k., work.; Cr t,O.UV:i' One Penn Center Plaza C'I‘' PUNS)/ LUilN Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 2 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MARY L. NEAL A/K/A MARY NEAL : CIVIL DIVISION : No. 14-295 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 MARY L. NEAL A/K/A MARY NEAL, 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 TOTAL $110,478.64 $110,478.64 I hereby certify that (1) the Defendant's last known addresses are do Lisa Neal Martin, POA, 5 BUFFALO DRIVE, SHIPPENSBURG, PA 17257-9013 and 445 OLD STATE ROAD, GARDNERS, PA 17324-8944, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: 1211# 939934 ff Jvi athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff i)-61) 4. Li11 , 010A ler PROTHONOTARY 939934 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 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY • COURT OF COMMON PLEAS vs. : CIVIL DIVISION MARY L. NEAL A/K/A MARY NEAL : No. 14-295 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) MARY L. NEAL AJIC/A MARY NEAL 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 MARY L. NEAL A/K/A MARY NEAL is over 18 years of age and has last known addresses at 5 BUFFALO DRIVE, SHIPPENSBURG, PA 17257-9013, c/o Lisa Neal Martin, POA, and 445 OLD STATE ROAD, GARDNERS, PA 17324-8944. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ke hit P 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 939934 Department of Defense Manpower Data Center Results as of : Apr -16 -2014 12:10:35 AM SCRA 3.0 Status Report Pursuant to Servicenembers Civil Relief Act Last Name: NEAL First Name: MARY Middle Name: L Active Duty Status As Of: Apr -16 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .. _.. Nok, NA This response This response reflects the individuals' active duty status based on the Active Duty Status Date f 1 r / Left Active Duty Within 367 Dys of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - ... No . NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA y'i NA This response reflects whether the individual or his /her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. r�- Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Apr-16-2014 12:18:13 AM SCRA 3.0 Status Report Pursuant to Servicememlbers Civil Relief Act Last Name: NEAL First Name: MARY Middle Name: Active Duty Status As Of: Apr-16-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ' t ' - .. No ' :.. NA This response reflectathe individuals' active duty status baged on the Active Duty Status Date .k Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA , . ....-No ,: '!". NA This response reflects where the individual left active duty status within 367 days preceding the Active Ditty 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 whetheI the individual or his/her unit ;an received earl gotificationio re.orl for active du , 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 MARY L. NEAL A/K/A MARY NEAL : CIVIL DIVISION : No. 14 -295 CIVIL Notice is give that a Judgment in the above captioned matter has been entered against you on /I7 / q . 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 19103 215 -563 -7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 939934 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MARY L. NEAL A/KJA MARY NEAL Defendant(s) NO. 14 -295 CIVIL CUMBERLAND COUNTY TO: MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257 -9013 DATE OF NOTICE:: 7 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE.. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O1-'1~HR LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240 -6195 By: PH # 939934 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 Jot ; ` n Lobb, Esq., Id. No.312174 At`orney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. Plaintiff v. MARY L. NEAL A/K/A MARY NEAL Defendant(s) TO: MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324 -8944 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -295 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O1.IER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939934 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Jon: an Lab, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MARY L. NEAL A/K/A MARY NEAL Defendant(s) TO MARY L. NEAL A/KJA MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257 -9013 DATE OF NOTICE: if I 3 1 q NO. 14 -295 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEB'T'EDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939934 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Jonat !' Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MARY L. NEAL A/K/A MARY NEAL Defendant(s) TO: MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 DATE OF NOTICE: 14 /31) ({ NO. 14-295 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939934 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 kin Ian Lobb, Esq., Id. No.3121 4 At erncy for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. : COURT OF COMMON PLEAS Plaintiff V. Mary L. Neal a/k/a Mary Neal Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/18/2014 to Date of Sale ($18.16 per diem) TOTAL Note: Please attach description of property. PH # 939934 1_13. MIL- // /I 4, : CIVIL DIVISION : NO.: 14-295 CIVIL : CUMBERLAND COUNTY $110,478.64 $2,524.24 $113,002.88 P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff . SD goyseRe ,77) a C7. ,7?a'frld,/ LEGAL DESCRIPTION All that hereinafter described tract of land situate and being in the Township of South Middleton, the County of Cumberland and the State of Pennsylvania abounded and described as follows, to wit: Beginning at an iron pin on the east side of the Old Carlisle Road leading from Mount Holly Springs to Route 34; thence running along the east side of said road north 100 feet to iron pin; thence running east along lands of Ralph Neal 220 feet to iron pin; thence running south along lands of W.K. Peffer 100 feet, to iron pin; thence running west along lands of W.K. Peffer 220 feet to place of beginning. TITLE TO SAID PREMISES IS VESTED IN Mary L. Neal, a widow, by Deed from Mary L. Neal, a widow, by and through Lisa Neal Martin, her attorney -in -fact, pursuant to a Power of Attorney dated May,11, 2010 and to be recorded simultaneously with this deed in Cumberland County, dated 12/03/2010, recorded 12/09/2010 in Instrument Number 201036500. PREMISES BEING: 445 Old State Road, Gardners, PA 17324 -8944 PARCEL NO. 40-38-2175-007. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 Wells Fargo Bank, N.A. Plaintiff v. Mary L. Neal a/kla Mary Neal Defendant(s) 21'4 APR II hIA 10: 20 CUMBERLAND COUNT `11 PEN CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -295 CIVIL . Cumberland County The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: IA? Ph f Hallman, LLP Joi athan Lobb, Esq., Id. No.3121.74 Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff V. Mary L. Neal a/k/a Mary Neal Defendant(s) r i11 Jn A.} 1: 2G CUMBERLAND COI:',F(. : PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -295 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 445 Old State Road, Gardners, PA 17324- 8944. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Mary L. Neal a/k/a Mary Neal 2. Name and address of Defendant(s) in the judgment: Name Mary L. Neal a/k/a Mary Neal do Lisa Neal Martin, POA 5 Buffalo Drive Shippensburg, PA 17257 -9013 Address (if address cannot be reasonably ascertained, please so indicate) do Lisa Neal Martin, POA 5 Buffalo Drive Shippensburg, PA 17257-9013 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) Secretary of Housing & Urban Development 451 Seventh Street S.W. Washington, Dc 20410 Secretary of Housing & Urban Development 3800 Market Street C/O Core Settlement Services Camp Hill, PA 17011 Secretary of Housing & Urban Development 3480 Stateview Boulevard CIO Wells Fargo Bank, N.A. Fort Mill, SC 29715 Secretary of Housing & Urban Development 405 S.W. 5th Street C/O WFHM Final Does Des Moines, IA 50309 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot he reasonably ascertained, please indicate) None. PH # 939934 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 445 Old State Road Gardners, PA 17324 -8944 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108 -1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 939934 By: P 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 I Wells Fargo Bank, N.A. vs. Mary L. Neal a/k/a Mary Neal : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14 -295 CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary L. Neal a/k/a Mary Neal do Lisa Neal Martin, POA 5 Buffalo Drive Shippensburg, PA 17257 -9013 * *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 445 Old State Road, Gardners, PA 17324 -8944 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,478.64 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 -563 -7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215 -563 -7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -295 CIVIL Wells Fargo Bank, N.A. v. Mary L. Neal a/k/a Mary Neal owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 445 Old State Road, Gardners, PA 17324 -8944 Parcel No. 40 -38- 2175 -007. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $110,478.64 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION All that hereinafter described tract of land situate and being in the Township of South Middleton, the County of Cumberland and the State of Pennsylvania abounded and described as follows, to wit: Beginning at an iron pin on the east side of the Old Carlisle Road leading from Mount Holly Springs to Route 34; thence running along the east side of said road north 100 feet to iron pin; thence running east along lands of Ralph Neal 220 feet to iron pin; thence running south along lands of W.K. Peffer 100 feet, to iron pin; thence running west along lands of W.K. Peffer 220 feet to place of beginning. TITLE TO SAID PREMISES IS VESTED IN Mary L. Neal, a widow, by Deed from Mary L. Neal, a widow, by and through Lisa Neal Martin, her attorney-in-fact, pursuant to a Power of Attorney dated May,11, 2010 and to be recorded simultaneously with this deed in Cumberland County, dated 12/03/2010, recorded 12/09/2010 in Instrument Number 201036500. PREMISES BEING: 445 Old State Road, Gardners, PA 17324-8944 PARCEL NO. 40-38-2175-007. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA '• 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. NO 14 -295 Civil Term CIVIL ACTION — LAW MARY L. NEAL A/K/A MARY NEAL 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: $110,478.64 -L.L.: $.50 Interest FROM 4/18/2014 TO DATE OF SALE ($18.16 PER DIEM) - $2,524.24 Atty's Comm: Atty Paid: $211.78 Plaintiff Paid: Date: 4 -17 -14 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 -563 -7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs:. David D. Buell, Prothonota 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. MARY L. NEAL A/K/A MARY NEAL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. 2014. Plaintiff commenced this foreclosure action by filing a Complaint on January 14, 2. Judgment was entered on April 17, 2014 in the amount of $110,478.64. 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 September 3, 2014. 939934 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 April 16, 2014 Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $88,970.79 $7,904.89 $1,650.00 $536.78 $45.00 $6,727.51 $7,836.83 TOTAL $113,671.80 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. The mortgage underlying this action is a reverse mortgage in which the lender continues to make advances, which results in the principal balance increasing over the life of the loan. A true and correct copy of the mortgage is attached hereto made part hereof and marked as Exhibit "B". 10. 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 June 11, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 939934 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jonath ATTO ..d/PAiliid frEtkowicz, Esquire YFOR PLAINTIFF 939934 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. MARY L. NEAL A/K/A MARY NEAL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MARY L. NEAL A/K/A MARY NEAL 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 445 OLD STATE ROAD, GARDNERS, PA 17324-8944. 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. 939934 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 939934 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 939934 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 939934 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 939934 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 939934 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 939934 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan H. linan, LLP J u� an M. Etkowicz, Esquire ey for Plaintiff 939934 939934 - TNO' 1AR t PHELAN HALLINAN, LLP , y Jonathan Lobb, Esq., Id. No:312j(J APR lt01 AM 0'Q� ' 2 1617 JFK Boulevard, Suite 1400 OQUH One Penn Center Plaza C PEERL NN YIVANI� Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MARY L. NEAL A/K/A MARY NEAL : CIVIL DIVISION : No. 14-295 CIVIL PLEASERNEY OFILE COPY RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Attorney for Plaintiff Kindly enter judgment in favor of the Plaintiff and against MARY L. NEAL A/K/A MARY NEAL. 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 et.- t`tli fiEiiiiiii Y$110,478.64 TOTAL $110,478.64 I hereby certify that (1) the Defendant's last known addresses are c/o Lisa Neal Martin, POA, 5 BUFFALO DRIVE, SHIPPENSBURG, PA 17257-9013 and 445 OLD STATE ROAD, GARDNERS, PA 17324-8944, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. ATTORNY --r FILE copy 'LEAS; E:ETURN Date Y(LL,j`� Jfathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 4 I), PH # 939934 PROTHONOTARY 939934 Exhibit "B" 939934 Entered By: AHUSSAN Lean Status: Active Borrower Name: Pocket Pokier Location: NC -CULT Doc Type: NEAL, MARY Mortgage/DOT •03 00' I1IIIII IIIII IIIII INIlillll 1111 1111 Loan Number: 111111111111111111111111111111111111111111111111111111111111 Pipeline: RV Investor: GNMA Investor Loan #: - Pool Date #: Feb 01, 2011 1111111111111111111111111111111111111111111111111111111 Destination: GNMA_IM First Doc tn: r - Custodian: Wells Fargo Bank Mortgage Doc Custody (VV State: PA 1111111111111111111111111111111111 1111111111 IIII ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number-- Recordcd:Ou 1279/2010 At 2:36:20 PM *Instillment Type - MORTGAGE Invoice Number-_ *Mortgagor - NEAL, MARY L * Mortgagee - HOUSING Sc URBAN DEV SEC * Customer- CORE SETTLEMENT SERVICES *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23..50 JUSTICE RECORDING FEES 7 $25.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $76.00 *Total Pages - 12 Certification Page DO NOT DETACH This page is now part of this legal document. 1 Certify this to be recorded in Cumberland County PA ECOR E� D EDS -Information denoted by an asterisk may change during the verification process and may not be reflected nn this page. • II11111NII 11111111 3ciii, This Document Prepared By: WELLS PARGO BANK, N.A. 3480 STATEVIEW BLVD MAC X7802-036 FORT MILL SC ,297150000 When Recorded ail tD: Ciore Settlement'S@NICeS WE FINAL CS X2599-024 3800 Market Street 4051 5TH REET Camp Hill, PA 17011 DES MOINE , A 50309-4600 '/ Parcel No:40-3e"d�7-S'GV�f (Space Above This Line For Recording Data] Commonwealth of Pennsylvania (This is an Open -End Mortgage end secures future advances pursuant to 42 Pe. C5. § §8143 and 8144. Ael. No 126 01 79901 ADJUSTABLE RATE OPEN-END HOME EQUITY CONVERSION MORTGAGE 71-113 OPEN-END MORTGAGE 1"GECVRITY INSTRUMENT') SECURES FUTVRE ADVANCES THIS. OPEN-END MORTGAGE ("Security Instrument") is given on The mortgagor i$ MARY L. NEAL whose address of 445 OLD STATE ROAD, GARDNERS, PA 17324 Security Instrument is given to WELLS FARGO BANK, N.A. 12/03/10. ("Borrower"). This which is organized and existing under the laws of THE UNITED STATES and whose address is P.O. H00 11701 NEWARK, NJ 071014701 ("Lender"). Borrower has agreed to repay to 'Lender amounts which Lender is obligated to advance, Including ftiture advances,under the terms of a Home Equity Conversion Loan. Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated the same dateasthis Security Instrument ("Note'). Thls Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a rate subject to adjustment (interest), and all renewals, extensions and modifications of the Note, up to a maximum principal amount of ONE HUNDRED NINETY EIGHT THOUSAND AND 00/100 Dollars (U.S. S 198000.00 1; (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and lc) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In CUMBERLAND County, Pennsylvania: First American Loon Production Services Penneylvania HECM ARM Sacreiry Instrument © 2008 First American Real Estate Solutions LLC FALPS # 99YF : 05/06 Page 1 NMFL #E913PA (OKPAI Rev 01/2010 SEE ATTACHED LEGAL DESCRIPTION which Iris the address of 445 OLD STATE ROAD [Sine' GARDNERS , PA 17329 ("Property Address"): rCilyl Istatoi Op Code} TOGETHER WITH alt the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the Property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." ' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend -generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and • non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note. 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood end hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected,against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts,. to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the Property, whether now- in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to. Lender. In the event of loss, Borrower shall give Lender immediate noticeby mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be First Amedcon Loon Production Services © 2008 Fleet American Real Estate Solutions LLC FALPS R 6500 : 05108 NMFL 089135A IOKPA) Pape 2 Pennsylvania FIECM ARM Security Instrument lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second.Note and Second.: Security Instrument held by the Secretary on the Property and then 10. the reduction of the indebtedness under the Note end this Security Instrument. Any excess insurance proceeds -over, an amount required to pay all outstanding indebtedness under the Note: arid this. Security.lnstrument shall be paid tothe entity legally entitled. thereto. , In the- 'event of .foreclosure of this Security Instrument or other transfer of title to the :Property that' extinguishes the indebtedness-, all right,. title and interest. of Borrower, in. and to insurance. policies in force shall pass to -the purchaser. • 4: Occupancy, Preservation, Maintenance. and Protection of -the Property;. Borrower's Loan Application; Leaseholds. Borrower shall 'occupy,..establish; and use the Property as Borrower's •pnncipel'residence after the.exeCution of this- Security Instrument, and Borrower lot et least one -Borrower, 'if -initially #pore than bne personare'Borrowers) shall continue to occupy the Property as Borrower's principal residence for the -term- of the Security Instrument.. "Principal residence" shall have-the-sametneaning as in: the Loan Agreement.. Borrower shall not commit' waste or destroys damage or substantially change the. Property or allow the Property to deteriorate, reasonable Wear :and 'tear excepted. ;Borrower shall'also be in default if Borrower, 'during .the loan application process,.. gave materially false or inaccurote information- or !statements to .tender (or failed to: -provide Lenderm with any material information). in •connection with the loan evidenced by the sNote,. including, but not limited to, representations concerning Borrower's occupancy .of the Property as a principal residence. If this Security Instrument is on a -leasehold' Borrowershall comply_ with the :provistons'of,the lease. 11 Borrower acquires fee titte.to the Property, the leasehold -and fee,. title shiall.not be:'merged unless Lender agrees to`the Merger in writing. 5. Charges to Borrower and Protection Of Lenders Rights in theProperty:, Borrower shall pay alt governmental or municipal charges, fines and irnposidons that 'alb 'not Included in Paragraph 2. Borrower•shall'pay theseobligations;on time directly to the entity which is. -owed the payment: -if failure to pay .would adversely affect `Lender's interest in the -.Property, upon .Lender's request Borrower shall •promptly sfurnish to Lender receipts evidencing these payments. •Borrower- shall promptly discharge any lien Which has priority over this:Security Instrument inthemanner provided in Paragraph 12(c). 11•borrower falls to make these. payments or the.property.<charges required by Paragraph 2, or fella std" perforin any :other covenants and agreemente:centainedfir thus _Security instrument, or there is:-a..legai,proceedmg that may significantly'affect Lender's rights in the. Property: (such as a proceeding in bankruptcy, for: condemnation` or"to enforce laws orregulattons), then Lender. may do and, pay whatever is necessary to protect the• value of the Property and: Lender's rights ln'the Property„including payment of -taxes, hazard, insurance and other items mentioned in Paragraph'2.: To protect; Lender's security in the Property, •Lender shall advance and -charge to Borrower _ all amounts .due -to the :Secretary for the Mortgage insurance• Premium es defined in. the. Loan” Agreement -as well• as all sums; due to the loan servicer for'serviclhgg activities as defined in the`Loan Agreement..Any amounts. disbursed by Lender under this•Paragraph,shell-become:an additional debt of Borrower as provided for in the Loan Agreement and',shall be secured by this Security Instrument. F 0 -Inspection: Lender or. its agent may enter on, inspect or make appraisals of the Property n a reasoneble',manner and at reasonable: times: provided that Lender shall give the •Borrower notice prior to anyinspeetion o'r appraisal specifying a purpose tor the inspection or appraisal which -must be. related to Lender's interest in the Property. lithe property is vacant or abandoned or the Martis in default, Lender may take reasonable action tq protect and preserve such vacant et abandoned .Property without notice to the Borrower.. 7. Condemnation. The proceeds of any award or clainrfordamages, direct or -consequential, in connection with any condemnation or other taking:of any part of the PProperty, or for conveyance in place of condemnation' shall be paid to Lender. The proceeds shall be applied first to the reduction of -any. indebtedness under a Second•Note and Second' Security Instrument held by the Secretary on the -Property,, and than -to the reduction sof the indebtedness under the 'Note. and this Security Instrument. Any excess proceeds over an' amount. required to pay all, outstanding indebtedness under the -Note and this Security ^Instrument shall be paid, to the ienoty legally entitled thereto. Feat Amoricon Loon Production SohMoes PennsyWanie'HECM AIiM Security instmment © 2008First Areeticen Real Estate Solutlons LLC Page 3 (11) Be obligated to pay interest under the Note at any time, whether accrued before or after the paymentsby the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (di No Duty of theSecretary. The Secretary has no duty to Lender to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions In this Paragraph 13. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers hointly designate. Any notice to Lender shall be given by first class mail to Lender's address stated erein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing. Law;Severability. This Security. instrument shall be governed by Federal law and the lawof the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 19. Assignment of Rents. Borrower unconditionally assigns andtransfersto Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement In the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; Ibl Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignmentof the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the itial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all First Ame,icar, Loan Production Services Pennsylvania HECM ARM Security Instrument © 2008 First American RaaI Estate Solutions LLC FALPS N GY04 : 05108 Page a NMFL 88913PA IOKPA) 8, Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security Instrument if: 9) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; er All of a Borrowers title in the Property for his or her beneficial interest in a trust owning all or part of the Property)is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less. than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). lb) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Secretary, if: 9) The Property ceases to be the Principal residence of a Borrower for reasons other than death and the Property Is not the Principal residence of at least one other Borrower; or. (9) For a period of longer than twelve 112) consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the Principal residence of at least one other Borrower; or (iii/ An obligation of the Borrower under this Security Instrument is not performed. lc) Notice to Lender. Borrower shell notify Lender whenever any of the events listed in this Paragraph (a) (ii) or (b) occur. (d) Notice to Secretary and Borrower. Lender shag notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 la/ (ii) or Ib). Lender shall not have the right to commence foreclosure until Borrower has had shiny (0) days after notice to either: til Correct the matter which resulted in the Security Instrument coming due and payable; or Ili) Pay the balance_ in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or lie) Provide the Lender with a deed in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trusts interests in the Property to a Borrower, shall not be considered a conveyancefor purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for toposes of this Paragraph 9. If) Mortgage Not Insured. Borrower agrees that should this Security Instrument andthe Note not be eligible for insurance under the National Housing Act within S X Y DAYS from the date hereof, if permitted by applicable law Lender may, ar iSTS option, require immediate payment in full of aI) sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to SIXTY DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may'not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permittedto obtain a deficiency, judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required Immediate payment in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower First American Loan Production -Services Ponneylvanm HECM ARM Soaurity Instrunont © 2008 First American Real Estate Solutions LLC FALPS p GY02 : 05/08 Page 4 NMFL 080131A (OKPA) shall correct the condition which resulted in the requirement for immediate poyment in full. Foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However. Lender is not required to permit reinstatement if; li) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, hi) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. Lien Status. (n) Modification. Borrower agrees to extend this Security instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by, the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence et Borrower's expense. If the title evidence indicates that the Property is not encumbered byany liens (except this Security Instrument, the Second Security Instrument described in aragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original Tien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral nrogram, if any liens created by .the tax deferral are not subordinate to this Security Instrument. (i) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless. Borrower: a) agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to Lender; (b) contests in good faith the Tien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to proven the enforcement of the lien or forfeiture of any part of the Property; oriel secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to.al) amounts secured by this Security Instrument. It Lender determines that any part of the Property)§ subject to a lien which may attain priority over this Security instrument, Lender may give Borrower a notice identifying the ten. Borrower shall satisfy Atte lien or:take one or more of the actions set forth above within 10 days of the giving of notice. 13. Reletionshlp"to Second Security Instrument. la) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 2551i111)IA).of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the Property. Ib) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the Note unless: li) This Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (1) or (ill occur, then all payments by the Secretary, including interest on the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note. Id Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(il or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: 11) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property underParagraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or First AMMO') Loan Production Services Pennaytvonio MECM ARM Security Inauument 0 2008 Fact American heal Eclat* Snaninne LLC FALPS A GY03 :05/08 Page 5 NMFL 68913PA 10KPAI direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose: This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this Igen priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Adjustable Rate Feature. Under the Note, the initial interest rate of 2.456 % which accrues on the unpaid principal balance 1"Initial Interest Rate") is subject to the change, as described below. When the interest rate changes, the new adjusted interest rate will be applied t0 the total outstanding principal balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates for one-month U.S. dollar-denominated deposits in the London market ("LIBOR"), es published in The Wall Street Journal, rounded to three digits tothe right of the decimal point, ("Index") plus a margin. If the Index is nd longer available,. Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new Index. Lender will perform the calculations described below to determine the new adjusted ' erest rate. The interest rate may c?? n1ge on the first day of MARCH 2011 and on that day of each succeeding year x the first day of each succeeding month ("Change Date") u it the loan is repaid in full. The Current Index" means the most recent Index figure available 30 days before the Change Date, and if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of that week. If the day that is 30 days before the Change Date Is a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of the immediately prior week. Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate"). D (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than • 2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0%higher or lower than the Initial Interest Rate. 'El (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above TWELVE AND 456/1000 - percent1 12,456 -%j• The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) and. will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay anyrecordation costs_ Lendermay charge Borrower a fee for releasing this Security Instrument, but only ifthe fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 24. Waivers. Borrower to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attacment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Paragraph 11 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sate pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. -27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be. the rate payable from time to time under the Note. 28. Obligatory Loan Advances. Lender's responsibility. to make Loan Advances under the terms of the loan Agreement, including Loan Advances of principal to Borrower as well es Loan Advances of interest, MIP Servicing Fees, and other charges shall be obligatory. 29. Priority of, Lien for Future Advances. -Borrower acknowledges that this Security Instrument secures obligatory future advances under the terms of the Loan Agreement. Without limiting the foregoing, this Security Instrument secures all advances made by Lender of any kind and nature described in 42 Pa. C.S. 18144. First American Loan Production Services Pennsylvania HECM ARM Security Instrument © 2008 First American Real Estate Solutions LLC FALPS 8 GY05 : 05108 Page 7 NMFL #8913PA =PA/ direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose.This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Adjustable Rate Feature. Under the Note, the initial interest rate of 2.456 % which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to the change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates for one-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal, rounded to three digits to, the right of the decimal point, ("Index") plus a margin. If the Index is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new Index. Lender will perform the calculations described below to determine the new adjusted . erest rate. The interest rate may c nge on the first day of MARCH 2011 and on that day of each succeeding year x the first day of each succeeding month ("Change Date") u it the loan is repaid in full. The Current Index" means the most recent Index figure available 30 days before the Change Date, and if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day of the week, the Current Index will be the index as published the first business day of that week. If the day that is 30 days before the Change Date Is a Sunday or Monday and not the first business day of the week, the Current Index will be tho Index as published the first business day of the immediately prior week. Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index wilt be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the Interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate"). )Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0% higher or lower than the Existing Interest Ram, nor can it be more than 5.0% -higher or lower than the Initial Interest Rate. X❑ (Monthly Adjusting Variable Rate Feature) The Calculated Interest Ram will never increase above TRELVE At10 456/1000pwcent ( 12.456 %1. The Calculated Interest Rate will be adjusted If necessary to comply with these rate limitation(s) and will be in effect until the next Change Date. At any Change Date. if the Calculated Interest Rate equalstheExisting Interest Ram. the interest rate will not change. 23. Release. Upon paymentof all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may Charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 24. Waivers. Borrower to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Paragraph. 11 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 28. Obligatory Loan Advances. Lender's responsibility.to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advances of interest, MIP{ Servicing Feas, and other charges shall be obliatory. 29. Priority ofLien for Future Advances. Borrower acknowledges that this Security Instrument secures obligatory future advances under the terms of the Loan Agreement. Without limiting the foregoing, this Security Instrument secures all advances made by Lender of any kind and nature described in 42 Pa. C.S. 08144. First American Loan Production Services Ponnayvanio HECM ARM Security Instrument 0 2008 First Amerlwn Rear Estate Solutions LLC FALPS 0 GY05 : 05/06 Page 7 NMFL' A8913PA IGKPAI Borrower acknowledges that Borrower cannot limit the amount of the obligation and indebtedness of Borrower to Lender nor limit the amount of the future advances of Lender to Borrower except by written notice ("Notice to Terminate") sent to Lender only at the address for Lender listed on Page 1 of this Security Instrument. The aforementioned written notice will not be effective unless it is acknowledged and in the form and in accordance with the Lien Priority Law (Act 126 of 1990) as amended. Borrower acknowledges that Borrower's Notice to Terminate will not apply to: 11) any interest subsequently accruing on advances by Lender to Borrower before the Notice to Terminate is recorded and indexed as an amendment to this Security Instrument; nor 60 any money subsequently advanced by Lender for: 11) construction, repair, or alteration of the Property; and (2) payment of taxes, assessments maintenance, insurance, and/or protection of the lien of this Security Instrument and the Property; and (3) expenses of Lender, including but not limited to, counsel fees, court costs, appraisal fees, inspection fees, and any other fees and expenses incurred as a result of an Event of Default by Borrower. Borrower acknowledges that Lender will not be obligated to advance any additional monies to Borrower or for the benefit of Borrower of the Property, notwithstanding Paragraph 28 above, once Lender receives, or has notice of, a Notice to Terminate executed by Borrower and/ora third party.londer in reference to this Security Instrument and/or the Property. 30. Riders to this Security Instrument. If one or moreriders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders) were a part of this Security Instrument. ICheck applicable box(esl.) ❑ Condominium Rider ❑ Planned Unit Development Rider- ❑ Other (Specify) (Acknowledgments on following page) Firct American Loan Production Services © 2008 First American Real Estate Solutions LLC FALPS # GY09 : 05/08 NMFL R8913PA IGKPA) Page 8 Pennsylvania HECM ARM Security instrument BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any riderls) executed by Borrower and recorded with It. %bLQ uC/ �j 7 l C tiL by a-4-'-fl-L £C "-l7tQCLcu , L/U" p e ✓✓ 15ea1) -Borrower MARY L NEAL BY LISA NEAL MARTIN, , HER POA (Seel) •Borrower (Seal) -Borrower (Seal) -Borrower iSeell Firet American Loan Production Services 0 2008 First American Real Estate Solutiono LLC FALPS # GY10 : 05/08 NMFI 8891388 (QKPA) Page 9 ISeel) (Seall (Seo11 Pennsylvania HECM ARM Security Instrument Exhibit "C" 939934 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 June 2, 2014 MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 RE: WELLS FARGO BANK, N.A. v. MARY L. NEAL, A/K/A MARY NEAL Premises Address: 445 OLD STATE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 14-295 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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jo t han Etk Esq., Id. No.208786 At t 1y for Plaintiff Enclosure 939934 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** MARY L. NEAL $0.47 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 2 **** MARY L. NEAL $0.47 445 OLD STATE ROAD GARDNERS, PA 17324-8944 RE: MARY L. NEAL A/K/A MARY NEAL (CUMBERLAND) PH # 939934/1200 Page i of 1 $0.94 Taal Number of Total Number of Pieces Postmaster, Pcr (Name of The full declaration of value is required on all domestic and IMemationat registered. mail. The rr Pieces Listed by Sender Received al Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Exprej The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. S R900S913and S921 for limitations of coverage. , e Far 3877 Facsimile 939934 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. MARY L. NEAL A/K/A MARY NEAL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL 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. MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 DATE: By: MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 Phelan Hallinan, LLP Jon. M. Etkowicz, Esquire ATT 0 ' . EY FOR PLAINTIFF 939934 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PH # 939934 DEFENDANT SERVICE TEAM/ lxh MARY L. NEAL A/K/A MARY NEAL COURT NO.: 14-295 CIVIL SERVE MARY L. NEAL A/K/A MARY NEAL AT: 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 Served and made known to MARY L. NEAL A/K/A MARY NEAL, Defendant on the A.o. day of Mk/ , 20 14 at 6;6s . o'clock r. M., at 5 l�tlffA1-a Dal t,SOfgyzo, Po 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 s •d Defendant's comparly. V Other: �}[�15 S/ -u BF lo,4 C"15,4 AEN. M412 -TI Description: Age c Height 613'. Weight 2 Race IA./ Sex M Other Ronald Mo11 1, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: CP164 PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of, 20 at o'clock _. M., I, , a competent adult hereby state that Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. falsification to authorities. at BY: PRINTED NAME: = ATTORNEY FOR -PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Sec. 4904 relating to unsworn s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. MARY L. NEAL A/K/A MARY NEAL AND NOW, this Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL RULE f day of l/ viA.4.- 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT ..4 4 / J. 939934 onathan 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 /MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 112.14*LeAL ta.pqici �ARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 939934 939934 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MARY L. NEAL A/K/A MARY NEAL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 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. MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 DATE: ColecolrV By: Justin F obeski, : sq., Id. No.200392 Attey for Plaintiff MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 Phelan c_ N C CD 939934 IFIL D-0FFlC� Phelan Hallinan. LLP OF THE PRO T HO 'OT, k Jonathan Lobb, Esq., Id. No.31217t0p jut. t o ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400tit10 22 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 119103 PENNSYLVANIAJonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MARY L. NEAL A/K/A MARY NEAL Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 12, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about June 16, 2014 directing the Defendant to show cause by July 6, 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 June 26, 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 July 6, 2014. 939934 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 4l (C� By: Phelan Hallinan, LLP Jathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 939934 Exhibi 'A' 939934 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. MARY L. NEAL A/K/A MARY NEAL Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL RULE AND NOW, this Ai:4k— day of 2014, a Ruleis entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT C) mW L. rri cr r- 2> < (\J. 939934 Jonathan 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 MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 MARY L. NEAL A/K/A MARY NEAL 445 OLD STA FE ROAD GARDNERS, PA 17324-8944 939934 939934 Exhibit "B" 939934 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs MARY L. NEAL A/K/A MARY NEAL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 201 the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages sl c is el not granted was served upon the following individual on the date indicated below. MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 By: Justin F (obeski.. .sq., Id: No.200392 ey for Plaintiff MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 Phelan 939934 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. Plaintiff vs. MARY L. NEAL A/K/A MARY NEAL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-295 CIVIL 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. MARY L. NEAL A/K/A MARY NEAL 5 BUFFALO DRIVE SHIPPENSBURG, PA 17257-9013 DATE: '7 Iqhr By: Jo r flan Lobb, Esq., Id. No.312174 Attorney for Plaintiff MARY L. NEAL A/K/A MARY NEAL 445 OLD STATE ROAD GARDNERS, PA 17324-8944 Phelan Hallinan, LLP 939934 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. MARY L. NEAL A/K/A MARY NEAL Defendant AND NOW, this y` day of Court of Common Pleas Civil Division CUMBERLAND Cab _' rn co c.. rn No.: 14-295 CIVIL ----k' c 1-D C) z 0 nORDER -i co co , 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 Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through. April 16, 2014 • Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $88,970.79 $7,904.89 $1,650.00 $536.78 $45.00 $6,727.51 $7,836.83 TOTAL $113,671.80 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. , l'ES lam, ni-1,t S. Lott fiz. cut.. 7/pipv 939934 C PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 'r ;Lri)-'Or r tC OF THE PROTHONOTARY Attorney for Pl20 i Ittitt 30 AM 11: , 4 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. MARY L. NEAL A/K/A MARY NEAL Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 14-295 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 7&?•74c Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 939934 Name and Phelan Hallinan, LLP N x.w..at Of Sender 11 a, Ora\ auulcvawu, JU1tC I 4UU One Penn Center Plaza Philadelphia, PA 19103 AZVJCET - 09/03/2014 SALE. 1 W i7 t r/> A :l'f ` - y Li»e Article Number Name otAddressee, Street, and Post Office Address Postage 1 •••• TENANT/OCCUPANT 445131.1) STATE ROAD fyr CARDNERS, PA 17324.8944 S0.47 2 '•'•. Commonwealth ofPalnrytvae1 Bureau of Individual Taro Inheritance TiaDldrion 606 Floor, 3'rawberry Sq. ilf Harrisburg, PA 1712E 30.47 3 •••• Department or Pabte Welfare, TP1. Comity Unit, Ettata Renews." Program P.O. Box Mei Willem Oak BufNng o tlrrlsberg, PA 17103 50.47 4 ••••}.. Secretary of Hoary & Urban Development 431 SEVPNI'H STREET S.W. Ir WASHINGTON, DC 20410.t7 50.47 $ •••• _ Secretary or Boutin & Urban De.elopnrnI CJO Core Settlement Service' 3800 MARKET STREET sea CAMP/TILL, PA 17011 !. ` •••• - Secretary AT Bonaire- ' OU Urbanmeat C/O Wdb Fargo Bank, N.A. 3450n D N for FORT MILL, SC 29715 10.47 •� �1 ^�►�.y,• �, . ,.-'. . ' ... 7 •••• Secretary d Heming & Urban Development GO WThm Final Does - 405 S.W. STH STREET DFS MOINES, IA 34309 30,07 8 •••r DoDtestle Rob I$o uof Cumberlud County 13 North Hanover Street tsP Car$de.PA 17013 30.47 9 •••• - Commonwealth of Pemoglvanb Deportment of Welfare P.O. Box 2475 +✓ Harrisburg. PA 17103 30.47 10 •••• Internal Rerenme Sora Addeory 1000 Liberty Arcane Room704 Pktrhargh, PA 15222 'a•� 50.47 11 •••• US, Department orlmUee US. Atforuq for The Mddte District of PA Federal Building 228 Walnut Street, Sidle 221 PO Box 11754 - - Motet PA A " :3,. 30.47 i awl ,, n: 33.17 Total Monks ef Pieces listed by 5aeier Tool Norte+ of Keen Remre4 a Pon Off= (teem.., Per One of Receiving Employ.) The fon declaration,i'.•Ire k required On all dorms* rel hoerallonl mgmend Md, The raabram lodemnify payable for u.aee.unxiko cd aonorpalble deeunee4 on*,Elpral Mel 6xumem lsaoaVounp Vowelai,tN.finn per piece a,bj t Ina Ilmt of 5300,000 pc• oxwretee. 76e maxima, I•dcn•dty pay.ble on Exiles. Mrd mertu,dhc w MI The Inaarm Weevily poyabk k 373,000 foe ogioned mail. cm obis opfioal in. trace. Sc Carne ek Mei Manol MO SRI 3..d 5921 for'limilnbM of moan. 1�orm.5877 1 acsim1Je Ronny R Anddrson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ LH,Lto--ur 10E vow Of R[BtE OF THE i E P R O' � H O N OT A R i OFFICE OF TiE SKERIFF 20I►f NOV 13 FM 2: 17 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank National Association vs. Mary L Neal c/o Lisa Neal Martin POA Case Number 2014-295 SHERIFF'S RETURN OF SERVICE 06/17/2014 12:05 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 445 Old State. Road, Gardners, PA 17324, Cumberland County. 06/23/2014 01:49 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Lisa Martin, daughter, who, accepted as "Adult Person in Charge" for Mary L Neal c/o Lisa Neal Martin POA at 5 Buffalo Drive, 'Southampton, Shippensburg, PA 17257, Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the. Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $852.60 SO ANSWERS, October 20, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF f •fes �, aa_ 44 9f." --i/37 w 3/33-.L. Q' N a N CL On April 28, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Known and numbered as, 445 Old State Road, Gardners, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: April 28, 2014 By: .-- Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2014-295 Civil WELLS FARGO BANK NATIONAL ASSOCIATION vs. MARY L. NEAL c / o LISA NEAL MARTIN POA Atty.: Joseph Schalk By virtue of a Writ of Execution No. 14-295 CIVIL. Wells Fargo Bank, N.A. v. Mary L. Neal a/k/a Mary Neal owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsyl- vania, being 445 Old State Road, Gardners, PA 17324-8944. Parcel No. 40-38-2175-007. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $110,478.64. PARCEL NO. 04-22-0481-054. 76 - the Patriot -News Co. ..1900 Patriot Drive Mechanicsbufg,+PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotXcws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2014295 Civil Term WELLS FARGO BANK NATIONAL ASSOCIATION vs. MARY L NEAL C/O LISA NEAL MARTIN POA Atty: Joseph Schalk By virtue of a Writ of Execution No. 14-295 CIVIL Wells Fargo Bank, N.A. v. Mary L. Neal a/k/a Mary Neal owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 445 Old State Road, Gardners, PA 17324-8944 Parcel No. 40-38-2175-007. (Acreage or street address) thereon: Improvements RESIDENTIAL DWELLING Judgment Amount: $110,478.64 PARCEL NO. 04-22-0481-054 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 s bscribed before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PEIVNEYIYANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp„ Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bk N A is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 17th day of April, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2014 Number 295, at the suit of Wells Fargo Bk N A against Mary L aka Mary Neal is duly recorded as Instrument Number 201426275. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /3 day of Recorder of Deeds of Deeds, Cumberland County, Carlisle, PA My C mission Expires the First Monday of Jan. 2018 • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Marie Coyne,1Editor SWO0 AND SUBSCRIBED before me this 5 day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018