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HomeMy WebLinkAbout14-0315 Supreme Court of Pennsylvania Court ol~ Comm'ot , Pleas For Prothonotary Use Only: �ivilNrCovef� Sheet CUMBERY; "ANA, count �' Docket No: l/ 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 req uired hy law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: BA V. VO A/K/A BA VAN VO T, S/B/M TO WACHOVIA BANK, N.A. I Are money damages requested? ❑ Yes ❑D No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: Adam H. Davis, Es4., Id. No.203034, Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/0112011 ter 'U l-BERL M fop C PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. S /B/M TO WACHOVIA BANK, N.A. CIVIL DIVISION 101 N PHILLIPS AVE ` SIOUX FALLS, SD 57104 -6738 NO Plaintiff, VS. BA V. VO A/K/A BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: C C . 3 44 062 -PA -V3 1. The Plaintiff is WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A., 101 N PHILLIPS AVE, SIOUX FALLS, SD 57104 -6738 (hereinafter "plaintiff'). 2. The Defendant, BA V. VO A/K/A BA VAN VO, is an individual whose last known address is 2501 PAXTON ST, STE 1, HARRISBURG, PA 17111. 3. WELLS FARGO BANK, N.A. SB /M TO WACHOVIA BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. SB/M TO WACHOVIA BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about March 6, 2007, BA V. VO A/K/A BA VAN VO made, executed and delivered to WACHOVIA BANK, NATIONAL ASSOCIATION a Mortgage in the original principal amount of $126,250.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1986, Page 3876. 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. BA V. VO is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due September 5, 2012. 062-PA-V3 8. As of January 3, 2014 the amount due and owing Plaintiff on the mortgage is as follows: The total amount due the Plaintiff on said Note through 01/03/2014 is $141,251.49 which breaks down as follows: Principal $120,048.67 Interest [Fixed] From 08/05/2012 to01/03/2014 @ 7.99% $13,570.39 Pre- acceleration Late Charges $186.30 Property Inspections $0.00 Appraisals/Brokers Price Opinion $0.00 Escrow Deficit $7,446.13 Total $141,251.49 Per diem interest in the amount of $26.27914 will accrue on the principal from 01/03/2014 and thereafter in accordance with the Note. plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of 062 -PA -V3 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 $141,251.49, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and, sale of the mortgaged premises. BY: Date: 1��� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" I LOC: 69 Date: 03 /06/07 Note BORROWER(S): BA V VO 684 WILD FLOWER ST NE SALEM, OR 97301 Amount Financed $ 126250.00 1. BORROWER(S) PROMISE TO PAY. In return for a loan that I have received, the undersigned Borrower(s) (hereinafter referred to as "I." "me," or "my ") jointly and severally promise to pay to Wachovia Sank, National Association, a national banking association organized and existing under the law of the United States of America I ( " Lender "), the sum of $ 126250.00 (this amount will be called "Principal "), plus daily simple interest ( "Interest") beginning on the date that Principal is advanced. The Principal may include points, origination fees and other amounts permitted by applicable taw. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder.' 2. INTEREST. Interest will accrue on the entire Principal balance outstanding at anytime. Notwithstanding anything to the contrary, I do not agree to pay and the Note Holder does not intend to charge any Interest at a rate that is higher than the maximum rate of Interest that could be charged under applicable law for the extension of credit that is agreed to under this Note (either before or after maturity). If any notice of Interest accrual is sent and is in error, and if the Note Holder actually collects more Interest than allowed by law or this Note, the Note Holder agrees to refund any such excess Interest. I I agree to pay Interest on the unpaid Principal balance of this Note owing after maturity, and until paid in full atthe same rate in effect before maturity. I agree that any loan origination fee paid to the Note Holder is earned as of the date of this Note. Interest accrues on the Principal remaining unpaid from time to time, until paid in full. The Interest Rate, as defined in this Section 2 below, will be charged at a rate of 1/365th of the Interest Rate for each day, or 11366th of the Interest Rate for each day in any leap year, applied against that day's outstanding Principal balance. The dollaramount of the finance charge and the payments disclosed to me for this credit transaction are based upon my payments being received by the Note Holder on the date payments are due. if my payments are received after the due date, even if received before the date a Late Charge as permitted by Section 4 applies, I may owe additional and substantial money at the end of the credit transaction and there may be little or no reduction of Principal. This is a result of the accrual of daily Interest. To the extent that any fees or charges are added to the Principal balance, they will thereafter bear Interest and l agree to pay this Interest. I understand that in the event my first payment due date is more than one month from the date of this Note, one or more of my initial payments may not pay all of the interest owed on the date of the payment and therefore may not reduce the outstanding Principal balance. If the governing law which applies to this Note sets maximum loan charges and is finally interpreted so that the Interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Interest or other charge shall be reduced by the amount necessary to reduce the Interest or other charge to the permitted limit and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial payment. Check One: Q Fixed Rate: I agree to pay Interest on the outstanding Principal balance at a fixed annual rate of 7.99 % ( "Interest Rate"). I ❑ Adjustable Rate: i (A) Interest Rate: I agree to pay Interest on the outstanding Principal balance at the initial annual rate of N/A % ( "Interest Rate") until the first Change Date as defined in Paragraph (B) below. Thereafter, the Interest Rate I pay may change as of each Change Date and will be calculated pursuant to Paragraph (D) below. My initial annual rate may not be related to the formula used to determine later rates. (B) Date Definitions- (i) Change Date: Each date on which the Interest Rate may change is called the Change Date. The Interest Rate may change and every month(s) thereafter. (ii) Index Date: The 25th day of each month is an "Index Date." If the Index is not published on the 25th day of the month, then the Index Date shall be the first day prior to the 25th day of the month on which the Index is published. (iii) Look -back Date: The date that is 30 days prior to a Change Date is called the "Look -back Date." (C) The Index: Check One: ❑ The "Index" is the "Prime Rate" as published on the Index Date in the "Money Rates" section of The Wall Street Journal, Eastern Edition. If there is more than one Prime Rate published on an Index Date, then the Note Holder will use the higher of such prime rates. If this Index ceases to exist, the Note Holder may substitute another Index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of the Prime Rate. 1 of H 0 Estate Note ❑ The "Index" is the average of interbank offered rates for month U.S. dollar- denominated deposits in the London market ( "LIBOR ") as published on the Index Date in the "Money Rates" section of The Wall Street Journal, Eastern Edition. If there is more than one LIBOR published on an Index Date, then the Note Holder will use the higher of such LIBOR rates. If this Index ceases to exist, the Note Holder may substitute another Index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of LIBOR. (D) Calculation of New Interest Rate: The new annual Interest Rate that will be applicable beginning on each Change Date will be determined as follows: Check One: ❑ The new annual Interest Rate will be equal to the Index published on the Index Date forthe calendar month immediately preceding the Look -back Date for that Change Date, rounded down to the nearest .01 %, plus percentage point(s) ( "Margin "). Subject to any applicable limitations set forth in Paragraph (E), this new Interest Rate will become effective on each Change Date. ❑ The new annual interest Rate will be equal to the Index published on the Index Date forthe calendar month immediately preceding that Change Date, rounded down to the nearest .01 %, plus percentage point(s) ("Margin "). Subject to any applicable limitations set forth in Paragraph (E), this new Interest Rate will become effective on each Change Date. (E) Limits on Interest Rate Changes: My Interest Rate will never be greater than % or less than 0 %. ❑ If this box is checked, the Interest Rate will be subject to the additional limitations on increases. The Interest Rate I am required to pay at the first Change Date will never be greater than %. Thereafter increases will be subject to an additional limitation on each Change Date such that the Interest Rate 1 pay will never be increased on any single Change Date by more than 2% from the Interest Rate I have been paying for the preceding 12 months. ❑ If this box is checked, there will be no additional limitation on increases in my Interest Rate. i (F) Notice of Changes: The Note Holder will deliver or mail to me a notice of any changes in my Interest Rate as required by applicable law. The notice will include information about any changes to my payment amount_ 3. PAYMENTS. (A) Payment Options and Schedule: Check One: i ❑ interest Payments: i will pay accrued Interest beginning on as follows: check one: ❑ monthly or ❑ quarterly ("Interest Payments "). The amount of each Interest Payment will vary depending upon the amount of principal outstanding, the date principal payments or installment payments are received and if Section 2 of this Note provides for an Adjustable Rate, the Interest Rate then in effect. In addition, I will make the following Payments: Check One: ❑ Principal Reduction Payments and /or a Balloon Payment: In addition to the Interest Payments, I will make Principal Payments as set forth in the Payment Schedule below: ❑ Installment Payments: For purposes of this Section 3, the "Payment Change Date" Is the first payment due date that is at least 26 days after the "Anniversary Date." The Anniversary Date is the date that is year(s) after the Note Date. Beginning on the Payment Change Date, in place of Interest Payments, l will make installment payments of Principal and Interest. On the Anniversary Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amount that would be sufficient to repay the unpaid principal balance in full over the of a period of time ending on the Maturity Date as defined in Paragraph (D) with interest at the rate set in accordance with Section 2. The result of this calculation will be my new payment amount. The Note Holder will give me notice of this new payment amount. This payment amount is estimated in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, this payment amount may change. On each subsequent Change Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amountthat would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount beginning on the first paymentdue date which is at least 26 days after the Change Date. I will pay my new payment amount until the payment amount changes again or until the Maturity Date as described in Paragraph (D). ® Installment Payments or Installment Payments with a Balloon Payment: I will pay the unpaid Principal and Interest in installment payments as set forth in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, the payment amounts, including the final payment, as set forth in the Payment Schedule may change. On each Change Date, the Note Holder will determine the ® monthly ❑ quarterly ❑ semi - annual or ❑ annual payment amount that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount. I will pay my new payment amount beginning on the first payment due date after the Change Date until the payment amount changes again or until the Maturity Date as described in Paragraph (D). i 2 ore (01ro7) Min - Payment Schedule: Number of Payment Frequency StarVDue Number of Payment Frequency Start/Due Pa nts Amount Date Pa enta Amount Date 360 $931.65 M 05/05/07 $ 5 $ Frequency Legend: M = Monthly Q = Quarterly S = Semi Annually A = Annuall (B) Place of Payments: i will make my payments in U.S. funds payable to the Note Holder atthe address provided to me by the Note Holder or at a different address if required by the Note Holder. (C) Application of Payments: Unless otherwise prohibited by the law governing this Note, each payment 1 make on this Note will first reduce the amount of accrued unpaid Interest, then any optional insurance premiums due, then any applicable unpaid charges and then unpaid Principal. I will make payments until I have paid all of the Principal and Interest and any other fees or charges that I may owe under the terms of this Note. (D) Maturity Date: If on 04/05/37 , I still owe any amount under this Note, I will paythose amounts in full on that date which is called the "Maturity Date." (E) Optional Credit Insurance: If I have selected optional credit insurance offered by the Note Holder in connection with this loan, the payment amount(s) shown in the Payment Schedule include the premiums for the insurance coverage(s) that I have selected. I understand that the actual total premium amount I pay will depend upon my payment record. I understand that credit life and credit disability (accident and health) insurance are not required, and that I may cancel them at any time by giving written notice to you. If my credit insurance is canceled, no further portion of any payments I make will be applied to credit insurance premiums. At my request, you will adjust my payment amount to reflect the cancellation of the credit insurance. If my credit insurance is cancelled and Section 2 of this Note provides for an Adjustable Rate, on the next Change Date the cancellation of the credit insurance will be considered in determining my new payment amount. (F) Balloon Payment: If the Payment Schedule requires me to make an estimated final payment that is significantly larger than any other payment ( "Balloon Payment") 1 understand that I will be required to make this Balloon Payment on the Maturity Date I understand that the Note Holder is not required to refinance any Balloon Pa yment and that the failure to make the required Balloon Payment on the Due Date constitutes a Default under the terms of this Note. 4. FEES AND CHARGES. In addition to Interest and other amounts I may agree to pay, 1 agree to pay the Note Holder the following additional fees and charges: (A) Late Charges: if a payment is not received in full within 15 days of the date it is due, I will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount. (8) Returned Payment Fee: Unless otherwise limited or prohibited by the law governing this Note, 1 will pay a charge of up to $25.00 for each payment (check or automatic payment) that l make that is returned or dishonored for any reason. (C) Origination Fee: If an origination fee or other fee or charge is charged as included on the HUD-1, HUD -1A, or Itemization of Amount Financed prepared in connection with this loan transaction, I agree to pay such fees and charges. Except as otherwise required by law, I agree that such fees and charges are fully earned as of the date of this Note and are nonrefundable upon prepayment. (D) Additional Charges: I agree that if, during the term of this Note, 1 request other services related to servicing or administering my loan for which the Note Holder has a scheduled charge, I will, to the extent permitted by the law governing this Note, pay the Note Holder the then current fee for such services or request if the Note Holder agrees to perform such service or request. I understand that any such fees are fully earned when charged and are nonrefundable upon prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED AND TERMS OF DEFAULT. (A) Terms of Default: I will be in Default under this Note if any of the following things happen: (i) If I fail to make any payment or comply with any of the terms of this Note or any other note with the Note Holder now or in the future; or (ii) If I make any false, incorrect or misleading representation or warranty at any time during the application process; or (iii) If I die; or (iv) If I become involved in any bankruptcy or insolvency proceeding; or (v) If the collateral described in Section 6 or any schedule to this Note is used in violation of any law or regulation or if a judgment or lien is filed or levied against me or the collateral or the collateral is impaired, damaged, or removed from the custody of the Note Holder; or (vi) If I fail to abide by the term(s) of any Security Instrument or other documents described in Section 6 which secure payment of this Note. (B) Notice of Default: If I am in Default, then the entire Principal balance, accrued Interest, fees, and collection costs permitted to be collected under applicable law will be immediately due and payable. At its option or if required by law, the Note Holder may send me a written notice informing me of said Default and acceleration. If 1 make any payment after the Note Holder has demanded payment of the entire balance due, my payment will be applied to the unpaid balance due under this Note. The unpaid balance consists of the Principal Amount remaining due, plus accrued finance charges, unpaid Late Charges, collection costs, and all other amounts due to the Note Holder under this Note. The Note Holder shall also have other rights and remedies provided by law. If the net proceeds of collateral sold do not pay my indebtedness in full, I will pay the Note Holder the difference, plus interest atthe Note Interest Rate until the unpaid balance is paid in full. Any Default of this Note will also constitute an event of Default of any separate Mortgage, Deed of Trust or Security Deed securing this Note ( "Security Instrument ") or Pledge Agreement securing this Note. Upon Default, the Note Holder may proceed to enforce the terms of this Note or enforce any rights that it may have under the Security Instrument or Pledge Agreement. (C) No Waiver by Note Holder: Even if, at a time when 1 am in Default, the Note Holder does not require me to pay immediately in full as described above; the Note Holder will still have the right to do so if I am in Default at a later time. Any failure to enforce any provision of this Note by the Note Holder shall not constitute any waiver of such rights of the Note Holder to subsequently enforce such rights or remedies. 3 of 6 (01107) Multistate Real Estate Note (D) Payment of the Note Holder's Costs and Expenses: If the Note Holder has required me to payimmediately in full as described above, and I fail to do so and such failure causes the Note Holder to incur additional expenses, the Note Holder will have the right to a refund of all of its costs and expenses to the extent not prohibited by the law governing this Note. Those expenses include, for example, reasonable attorneys' fees for an attorney who is not the Note Holder's salaried employee, foreclosure fees and court costs. In no event shall these expenses exceed fifteen percent (15 %) of the unpaid balance plus Court Costs. 6. THIS NOTE IS SECURED BY A SECURITY INSTRUMENT. In addition to the protections given to the Note Holder under this Note, a separate Security Instrument(s), on real property (the "Property') described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keepthe promises that I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Subjectto applicable law, 1 understand that this loan is subject to repayment in full in the event the Property securing this debt is sold, conveyed or otherwise transferred. If in addition to a Security Instrument, I pledge securities, cash accounts or other liquid collateral (the "Other Collateral") as Other Collateral for this Note, then I grant to the Note Holder a perfected security interest in such Other Collateral and all additions or replacements to, or proceeds of as is more fully described in the separate Collateral Pledge Agreement (the "Pledge Agreement ") executed as of the same date as this Note. The Pledge Agreement describes the Other Collateral in detail and protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. The Pledge Agreement also describes how and under what conditions I may also be required to make immediate payment in full of all amounts that I owe under this Note. I agree to these conditions. If the Other Collateral includes securities, I agree to deliver immediately to the Note Holder, fully endorsed, any certificates for shares representing any stock dividend, stock split or right to subscribe. I further pledge and agree to deliver to the Note Holder, upon demand, additional Other Collateral satisfactory to the Note Holder and in accordance with all margin requirements. If I do not provide the Note Holder with a perfected security interest in the Other Collateral and the Note Holder incurs any expenses, including attorneys' fees, in order to obtain a perfected security interest, I will be responsible for such expenses. If I do not provide or assist the Note Holder in obtaining a perfected security interest in the Property or Other Collateral and the Note Holder incurs any expenses, including attorney's fees, in order to obtain a perfected security interest in such Property or Other Collateral, to the extent not otherwise prohibited by the law governing this Note, I agree that the Note Holder may add the amount of such expenses to the Principal and that such expenses will accrue Interest at the Note Interest Rate until paid in full. 7. PREPAYMENT. (A) Subject to the order of application of payments described in Section 3, 1 have the right to make payments of Principal at any time before they are due without penalty. A prepayment of all unpaid Principal is known as a "full prepayment." A prepayment of only part of the unpaid Principal is known as a "partial prepayment." (B) If I make a partial prepayment, my next due date may be advanced. If I make a payment that is more than the amount that is due, the amount in excess of the amount due is called an "Excess Payment." If I make an Excess Payment, the Note Holder will assume that I want to reduce or skip my next scheduled payment or payments. If the Excess Payment is less than or equal to the next scheduled payment, the next scheduled payment will be reduced by the amount of the Excess Payment. If the Excess Payment exceeds the amount of my next scheduled payment, the number of payments that may be skipped will be determined by subtracting each subsequently scheduled payment from the Excess Payment. So long as the remaining portion of the Excess Payment exceeds the next scheduled payment amount, that payment may be skipped. When the remaining portion of the Excess Payment is equal to or less than my next scheduled payment, that remaining portion will be used to reduce the amount of the next scheduled payment. If I want the Note Holder to handle an Excess Payment differently, I will tell the Note Holder in writing. I understand that Interest will continue to accrue on the outstanding principal balance and that if 1 want maximum Interest savings from Excess Payments, I should continue to make payments on or before the scheduled due date. 8. BORROWER'S WAIVERS. I waive my rights to require the Note Holder to do certain things. Those things are: (a) to demand payment of amounts due (known as "presentment'); (b) to give notice that amounts due have not been paid (known as "notice of dishonor "); and (c) to obtain an official certification of non - payment (known as "protest'). Anyone else who agrees to keep the promises made in this Note, orwho agrees to make payments to the Note Holder if I fall to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "Guarantors," "Sureties," "Co-Signers" and "Endorsers." 9. GIVING OF NOTICES. (A) Any notice that must be given to me under this Note will be given by delivering it or by mailing It by first class mail addressed to me at the address contained in this Note. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. (B) Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address provided to me by the Note Holder. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. PAYMENT IN FULL. I AGREE THAT THE NOTE HOLDER MAY ACCEPT PAYMENTS MARKED "PAID IN FULL" WITHOUT ANY LOSS OF THE NOTE HOLDER'S RIGHTS UNDER THIS NOTE UNLESS I SEND THEM FOR SPECIAL HANDLING TO WACHOVIA BANK, NATIONAL ASSOCIATION, SPECIAL PAYOFFS, PO BOX 10723, ROANOKE, VA 24022. ACCEPTANCE OF ANY PAYMENT SENT TO THE SPECIAL HANDLING ADDRESS DOES NOT WAIVE THE NOTE HOLDER'S RIGHT TO SUBSEQUENTLY REJECT SUCH PAYMENT IN ACCORDANCE WITH APPLICABLE LAW. 11. EXTENSIONS AND MODIFICATIONS. All Guarantors, Sureties, Co- Signers, Endorsers and I consent to any and all extensions of time, renewals, waivers or modifications which may be granted or consented to by the Note Holder as to the time of payment or any other provision of this Note. If in its sole discretion, the Note Holder permits an extension, renewal or modification to this Note, 1 agree to pay a charge not to exceed an amount permitted by the taw governing this Note. All Guarantors, Sureties, Co- Signers, Endorsers and Makers hereby waive presentment, notice of dishonor, and protest hereof. This Note is the joint and several obligation of each Maker and shall be binding upon them and their heirs successors and assigns. 4 of a (01107) Multistate Real Estate Note 12. INSURANCE REQUIREMENTS. I agree to purchase property/hazard insurance insuring the Property against loss and as required by the Security Instrument. I acknowledge that I may obtain property/hazard insurance from any insurance company of my choice, subject to the Note Holder's right of approval which shall not be unreasonably withheld. Unless 1 provide the Note Holder with evidence of the insurance coverage required by my agreement with the Note Holder, the Note Holder may purchase insurance at my expense to protect the Note Holder's interests in the Property. This insurance may, but need not, protect my interests. The coverage that the Note Holder purchases may not pay any claim that I make or any claim that is made against me in connection with the Property. I may later cancel any insurance purchased by the Note Holder, but only after providing the Note Holder with evidence that I have obtained insurance as required by our agreement. If the Note Holder purchases insurance for the Property, I will be responsible for the costs of the insurance, including interest and any other charges the Note Holder may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance will be added to the Principal and will accrue Interest at the Note Interest Rate. I understand that the costs of the insurance obtained by the Note Holder may be more than the cost of insurance I may be able to obtain on my own. 13. RESPONSIBILITY OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each of us is jointly and severally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any Guarantor, Surety, Co- Signer or Endorser of this Note (as described in Section 8 above) jointly and severalty guarantee the payment, when due, to any Note Holder hereof of all amounts from time to time owing on this Note. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together_ This means that any one of us may be required to pay all of the amounts owed under this Note. 1 and any Guarantor, Surety, Co- Signer or Endorser of this Note further agrees that the failure by the Note Holder to perfect any security interest granted by this Note shall not affect my liability or the liability of any Guarantor hereon. 14. GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and, except as preempted by federal law, the laws of the state where the property securing this Note is located. Federal law that governs this Note includes 12 USC 85, which incorporates in part the laws of the State of North Carolina. If the Property securing this debt is located in Maryland, to the extent this Note is governed by Maryland law, this Note is governed by Md. Code Ann., Commercial Law §12 -1001 et. seq. and applicable federal law. 15. GENERAL PROVISIONS. I agree that I may not sell, assignor otherwise transfer my rights or obligations under this Note and that such action will be void. Any person who takes over my rights or obligations under this Note by operation of law will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of any Guarantor, Surety, Co- Signer or Endorser of this Note is also obligated to keep all of the promises made in this Note. This Note is intended by the Note Holder and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in writing signed by the Note Holder and me. This Note benefits the Note Holder, its successors and assigns, and binds me and my heirs, personal representatives and assigns. if any provision of this Note shall for any reason be held to be invalid or unenforceable, such determination shall not affect the enforceability of the remaining provisions of this Note. Headings are for convenience of reference only and shall not affect the construction of this Note or any other document associated with this loan. 16. SAVINGS AND COMPLIANCE. It is the intention of you and me to comply with applicable law. In each and every instance, our rights shall be limited by applicable law (to the extent such laws may not be effectively waived), construed so as to comply with such laws, and our rights may not be exercised except to the extent permitted by applicable law. No part of this agreement, nor any charge or receipt by you, is supposed to permit you to impose interest or other amounts in excess of lawful amounts. If an excess occurs, you will apply it as a creditor otherwise refund it and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining your compliance with law, you may calculate charges by amortizing, prorating, allocating and spreading any such charges. 17. DOCUMENTARY TAX. For loans secured by real property located in Florida, the state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. i 5 of 6 (01/07) Mufti -State Real Estate Note NOTICE TO BORROWER: 1. CAUTION: IT IS IMPORTANT THAT THE BORROWER THOROUGHLY READS THIS NOTE BEFORE THE BORROWER SIGNS IT. 2. THIS NOTE IS SECURED BY EITHER A FIRST OR SUBORDINATE LIEN ON REAL PROPERTY. 3. THE BORROWER IS ENTITLED TO A COPY OF THIS NOTE. 4. DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. 5. THE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE. For Texas residents only: NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS PERCENT PER YEAR. By signing and sealing this Note, I agree under seal to the terms set forth above. SEAL] Borr weraA V VO [SEAL] Borrower Any Guarantor, Surety, Co- Signer or Endorser of this Note acknowledges receipt and execution of the Co- Signer's Notice. ( SEAL] Guarantor - Co- Signer [SEAL] Guarantor - Co- Signer FOR OFFICE USE ONLY Endorsement. Pay to the Order of Without Recourse By: Name: Title: 6 of 6 (01/07) MultlState Real Estate Moto I TRUTH -IN- LENDING DISCLOSURE STATEMENT Date of Disclosure Statement: 03/06/07 Borrowegs): BA V VO Creditor: Wachovia Bank National Association 310 WEST MAIN STREET MIDDLETOWN PA 170570000) The words "1," "me," and "my," refer to Borrowers and "you" and "you 1 refer to Wachovia Bank, National Association. ANNUAL PERCENTAGE RATE: FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount I The cost of my credit as a yearly The dollar amount the credit will credit provided to me or on my will have paid after I have made all rate. cost me, behalf. payments as scheduled. i - I - 8.10% S21110409.00 $124985.00 5335394.00 my payment schedule will be: No. of Payment Amount' Frequency Start /Due Date No. of Payment Amount' Frequency Start/Due Date Pa ments Pa ments 360 $931.65 M 05/05/07 $ 5 $ � • If my Payment Amount shows a range my payment will vary between these two amounts. Frequency Legend: M n Monthly Q = Quarterly S = Semi Annually A - Annuall i Variable Rate: Check One: ❑ My loan contains a variable rate feature. Disclosures about the variable rate feature have been provided to me earlier. ❑ The annual percentage rate may increase during the term of this transaction If the Index increases. The Index is: Check One: ❑ the "Prime Rate" i ❑ the average of interbank offered rates for month U.S. dollar - denominated deposits in the London market ('LIBOR "). The index is published in the "Money Rates" section of The Wall Street Journal, Eastern Edition. Any increase in my rate will increase the amount of my scheduled payments. The rate may not Increase more than once every month(s). My rate will not Increase above %. ❑ If checked, my rate will not increase more than 2 percentage points annually. Check One: ❑ If my loan were for 510,000 at an initial interest rate of 8.00% and the interest rate Increased to 10.00% in one month, my interest payment amounts would increase from $67.94 to $84.94 if my interest payments were due monthly, and from $203.82 to $252.05 If my interest payments were due quarterly. ❑ If my loan were for $10.000 with 60 monthly payments at an Initial interest rate of 8.00% and the interest rate increased to 10.00% in one year, my payment amount would increase from $202.82 to $210.72 if my payments were due monthly; from $611.72 to $636.23 if my payments were due quarterly; from $1.233.24 to $1,284.70 if my payments were due semiannually; and from $2,505.11 to $2,617.56 if my payments were due annually. Security: 1 am giving a security interest in: The goods or property being purchased. X_ Other (describe)REAL ESTATE Collateral securing other loans with you, except my principal dwelling or household goods, may also secure this loan. Insurance: if this loan is secured, I may obtain property insurance from any Insurer 1 choose. Filing Fees and Taxes: S 0.00 Late Charges: If a payment is not received in full within 15 days of the date it is due. 1 will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount. Prepayment: It 1 pay off early, 1 will not have to pay a penalty. Assumption: Someone buying the property securing my loan cannot assume the remainder of my loan on the original terms. 1 may see my contract documents for any additional Information about non - payment, default, any required payment in full before the scheduled due date, and prepayment refunds and penalties. By s1gnin low, I knowledge receipt of a copy of this Disclosure on the date indicated above. i I Borr er BA V VO Borrower i Borrower Borrower CREDIT INSURANCE DISCLOSURES 1 understand that credit life and credit disability (accident and health) Insurance are not required to obtain credit, and that you will not provide them unless 1 sign below and agree to pay the additional cost. If I want any of these insurance coverages, I must be sure that the Insurance coverage 1 want is indicated, that the premium amount Is filled in, and that I have signed below. The term and amount of any Insurance l request is as follows: INSURED TYPE PREMIUM TERM IN AMT. OF DISABILITY MONTHLY MOS. COVERAGE BENEFIT #1 #2 Credit Life $ $ • Credit Disability S $ $ The payment amount disclosed in the Truth In Lending Disclosure Statement reflects the premiums for the Insurance coverage(s) that I have selected. Signature. My signature below means I request the coverage(s) checked and quoted above. Signature of Insured #1 Signature of Insured #2 (01/07) WBNA Multistate Truth- in- Lendin Disclosure Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the North side of West Simpson Street in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the building line of said Simpson Street and at corner of lot of land now or formerly of Mabel M. Gleim; thence by the building line of said Simpson Street Westward forty -two (42) feet and six (6) inches to a point at Weaver Alley; thence by said alley Northward forty -seven (47) feet and ten (10) inches to a point at corner of lot now or formerly of Mabel Vogelsong; thence by said lot now or formerly of Mabel Vogelsong Eastward forty -one (41) feet to an iron pin at corner of lot now or formerly of Mabel M. Gleim aforesaid; thence along said lot Southward fifty -four and three - tenths (54.3) feet to an iron pin on the building line of said Simpson Street at the place of beginning; having thereon erected a two -story building known as No. 10 West Simpson Street. BEING the same premises which Robert B. Weber, by Deed dated 04/01/94 and recorded 04/25/94 in Cumberland County Record Book 104, Page 517, granted and conveyed unto Robert B. Weber and Margaret Cheryl L. Carey a/k/a Margaret Cheryl L. Carey Weber, husband and wife, in fee. PROPERTY ADDRESS: 10 WEST SIMPSON STREET, MECHANICSBURG, PA 17055- 6324 PARCEL #16 -23- 0565 -047 File #: 817904 VERIFICATION Chelsea Leigh Morgan, hereby states that he /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 - Complaint 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. By �� (t iqh Chelsea Leigh Morgan Vice President Loan Documentation Employed by Wells Fargo Bank N.A. 01/03/2014 086 -PA -V2 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 817904 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. S/B/M TO OF CUMBERLAND COUNTY, PENNSYLVANIA WACHOVIA BANK, N.A. Plaintiff(s) vs. a BA V.VO A/K/A BA VAN VO Defendant(s) Civil cn_ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSOCE =s 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 m'y 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 provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed withthe Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonablearrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financal 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 concilition 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: Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson -a3 r rnu "T1 rr, - Sheriff �r Di aairr,t., '`.' Jody S Smith ¢ Nr" -- ` Chief Deputy r" -3 Richard W Stewart Ca CD--C' Solicitor ' . ,r' x • Wells Fargo Bank vs. Case Number Ba V Vo 2014-315 SHERIFF'S RETURN OF SERVICE 01/15/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ba V Vo, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 01/17/2014 02:16 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: Ba V Vo, 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 10 West Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. The current residents, the Rice family, have lived at this address since 2010. 01/22/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon LUU Dang, who accepted for Ba V Vo, at 2501 Paxton Street, Suite 1, Harrisburg, PA 17111. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $44.30 SO ANSWERS, January 28, 2014 RONNIY R ANDERSON, SHERIFF tfir L j ("riff (��Iilp����u��_ ���1���ull' Shelley Ruhl `' it Jack Duignan Real Estate Deputy �Gy 1( °'T j Chief Deputy Matthew L. Owens —���* �...,� Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK,N.A. S/B/M TO WACHOVIA BANK,N.A. VS County of Dauphin BA V. VO Sheriffs Return No. 2014-T-0167 OTHER COUNTY NO. 2014-315 And now: JANUARY 22, 2014 at 11:14:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon BA V. VO by personally handing to LUU DANG * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2501 PAXTON STREET, SUITE 1 HARRISBURG PA 17111 * OWNER/AGENT Sworn and subscribed to So Answers, before me this 24TH day of January, 2014 Sheri of Dauphin CO Pa. By COMMONWEALTH OF PENNSYLVANIA Dep Sheriff NOTARIAL SEAL Deputy: JESSICA KARL Karen M.Hoffman,Notary Public Sheriffs Costs: $47.25 1/21/2014 City of Harrisburg,Dauphin County My Commission Expires January 8,2018 4Y AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY 1711 • WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. r • DEFENDANT BA V. VO A/K/A BA VAN VO SERVE BA V. VO A/K/A BA VAN VO AT: 884 WILDFLOWER ST NE SALEM, OR 97301-3178 PH # 817904 SERVICE TEAM/ alg 21.114 " kJ KA 9 n AN IC: 5' 5 COURT NO.: 14-315-C1VIL L TYPE OF ACTION CUMBERLAND COUWY XX Mortgage Foreclosure PENNSYLVANIA XX Civil Action SERVED 14' Served and made known to BA V. VO A/K/A BA VAN VO, Defendant on the I day of P' PR-c- 20 d, at .10 o'clock PM., at , in the manner described below: )-Defendant personally served, Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age 100 Height ,!? Weight RaceUbi anSex Other I, 00-1-elle 6P1V D a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscritwd before me this /"7 day of RN Pill , 20 14 Notary: By: NOT SERVED On the day of , 20_, at o'clock M., I, Defendant NOT FOUND because: Vacant Does Not Exist Moved at at No Answer on Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 lenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 , a competent adult hereby state that Does Not Reside (Not Vacant) Chrisovalante P. Fliakos, Esq., Id. No, 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id, No. 203993 John M. Kolesnik, Esq., Id, No. 308877 Matthew G. Brushwood, Esq., Id, No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No, 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No. 31542] EMILY M. PHELAN, Esq., Id. No. 315250 One Penn Center at Suburban Station 1617 John R Kennedy Blvd., Suite 1400 Commonwealth of Pennsylvania Case Number: 14 -315 CIVIL RETURN OF SERVICE Cw i,ty of CUMBERLAND COMMON PLEAS Court PLAINTIFF: WELLS FARGO BANK, N.A. S /B /M TO WACHOVIA BANK, N.A. vs. DEFENDANT: BA V. VO a /k/a BA VAN VO Received by PREFERRED PROCESS SERVERS on the 25th day of February, 2014 at 10:37 am to be served on Ba V. Vo a /k /a Ba Van Vo, A -Dong Market, 2990 Silverton Road NE, Salem, OR 97303. I, Karlene Gander, do hereby affirm that on the 13th day of March, 2014 at 10:20 am, I: PERSONALLY served a true copy of the Foreclosure Complaint by delivering them to Ba V. Vo a /k/a Ba Van Vo at A -Dong Market, 2990 Silverton Road NE, Salem, OR 97303. Additional Information pertaining to this Service: 2/25/2014 12:50 pm Attempted Service at 884 Wildflower Street NE, Salem, Oregon 97301 -3178. No one was home. No cars in the driveway. 2/25/2014 4:10 pm Attempted Service. No change. 2/25/2014 6:40 pm Attempted Service. No change. 2/26/2014 1:20 pm Attempted Service. No change. Neighbor says Asians live at this address but are never home. 3/3/2014 8:10 am Attempted Service. No change. 3/5/2014 5:20 pm Attempted Service. No change. Neighbors do not know anything helpful about the occupants. 3/7/2014 8:45 pm Attempted Service. House entirely dark. Not even a night light over the stove. 3/13/2014 9:00 am Searched the Oregon Corporation Commission's website. Learned defendant is Registered Agent for a company at 2990 Silverton Road NE, Salem, Oregon 97303. 3/13/2014 10:20 pm Served the defendant personally at his business, A -Dong Market. certify that I was and now am a competent person, over the age of 18 years, and a resident of the State of Oregon or the state of service. I am not a party to nor an officer, director or employee of, nor attorney for any party, corporate or otherwise and I know that the person, firm or corporation served is the identical one named in the action. Ofig Karlene Gander Process Server PREFERRED PROCESS SERVERS 167 High Street S.E. P.O. Box 846 Salem, OR 97308 -0846 (503) 990 -6637 Our Job Serial Number: PAT - 2014000487 Copyright ©1992 -2011 Database Services, Inc. - Process Server's Toolbox V6.5n Procg.ss Server Check List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced.: No Service Made Yes I. Vacant: Yes ( ) No ) No 2. Is there a name on the mailbox? Is it the defendants? Neighbor Contact:Yes No Right Side: 4. For Sale Sign: Yes Realtor Name: Company Name: Phone Number: No Car in Drive Way Yes No Plate Number: -E1)- oFFIcE ' f7 PRO rtictio I' i, 211""JUL 2! at. 9:35 PHELAN HALLINAN, LLP CUMBER/.A , Jonathan Lobb, Esq., Id. No.312174 PENNS IVANIANT Y 1617 JFK Boulevard, Suite 1400 A One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. vs. BA V. VO A/K/A BA VAN VO Attorney for Plaintiff : CUMBERLAND COUNTY . COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -315 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant BA V. VO A/K/A BA VAN VO is over 18 years of age and resides at 2501 PAXTON ST, STE 1, HARRISBURG, PA 17111, 10 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-6324, and 884 WILDFLOWER ST NE, SALEM, OR 97301-3178. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date -2 10 I Phan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 817904 Department of Defense Manpower Data Center Results as of : Jul -18-2014 12:10:44 AM SCRA 3.0 Status Report Pursuant to Servicemnembcrs Civil Relief Act Last Name: VO First Name: BA Middle Name: V Active Duty Status As Of: Jul -18-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Lett Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ,No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jul -18-2014 12:59:37 AM SCRA 3.0 Status :Report Pursuant to Sersticementhers Civil Relief Act. Last Name: VO First Name: BA Middle Name: VAN Active Duty Status As Of: Jul -18-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ... • No 7 I NA _ This response reflectsthe individuals',ective,duty. status based on the Active -Duty Status Date 1, • '' i Left Active Duty. Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA .__ NA ... • No 7 I NA This response reflects where the individual left active dutystatus 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 -; a. ' • - - No NA This response reflects whether the individual: orhis/her unit hasreceivedearly notifidation-to report for active duty Upon searching the data banks of the Department of Defense Manpbwer Data Center, based' on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PHELAN HALLINAN, LLP 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 ED -OFF' i T 0%i!©TAri �a14 JUL 23 "' �. �: I t : j4orney for Plaintiff C BERLA �� PENIS 4 V �rdT WELLS FARGO BANK, N.A. S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK, N.A. vs. BA V. VO A/K/A BA VAN VO : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -315 -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 BA V. VO A/K/A BA VAN VO, 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 $141,251.49 TOTAL $141,251.49 I hereby certify that (1) the Defendant's last known addresses are 2501 PAXTON ST, STE 1, HARRISBURG, PA 17111 and 884 WILDFLOWER ST NE, SALEM, OR 97301-3178, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date )-'2- [if Jftlian.l✓obb Esq., Id. No.312174 Attorney for Plaintiff r DAMAGES AREEREBY ASSESSED AS INDICATED. DATE: 7/a3 1Y PH # 817904 RRTHONOTARY stu,sopci 8 904 0141 0c41 I yboiS Noi)4, f)-130 ?s a PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.31.2174 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. S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK, N.A. : COURT OF COMMON PLEAS vs. : CIVIL DIVISION BA V. VO A/K/A BA VAN VO : No. 14 -315 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant BA V. VO A/K/A BA VAN VO is over 18 years of age and resides at 2501 PAXTON ST, STE 1, HARRISBURG, PA 17111 and 884 WILDFLOWER ST NE, SALEM, OR 97301-3178. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2- l Phel fi 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 817904 Department of Defense Manpower Data Center Results as of : Jul -22-2014 12:06:33 AM SCRA 3.0 Status Report Pursuant to SeMcernerrabers Civil. Relief Act Last Name: VO First Name: BA Middle Name: V Active Duty Status As Of: Jul -22-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflectstheindividuals' active dutystatus based on the Active Duty Status Date Left Active Duly Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received 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 : Jul -22-2014 12:31:23 AM SCRA 3.0 Status Report Pursuant to Scrvicemerabers Civil Relief Act Last Name: VO First Name: BA Middle Name: VAN Active Duty Status As Of: Jul -22-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reffects•the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA No i. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA _ No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )4_ Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 WELLS FARGO BANK, N.A. S/B/M TO COURT OF COMMON PLEAS WACHOVIA BANK, N.A. CIVIL DIVISION Plaintiff v. BA V. VO A/K/A BA VAN VO Defendant(s) TO: BA V. VO A/K/A BA VAN VO 2501 PAXTON ST, STE i. HARRISBURG, PA 171 I,1` DATE OF NOTICE: NO. 14 -315 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR TOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU LN 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 OFItER 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 PH t 817904 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Pittii' i.rl sal„ Id. No.318079 Attc me -ur Plaintiff Phelan liallina 1, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. BA V. VO A/K/A BA VAN VO Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -315 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: BA V. VO A/K/A BA VAN VO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 /7/14 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILI. 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 PH # 817904 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 • 0717) 249-3166 j., Id. No.318079 A1iome Plaintiff Phelan Ha Tina_[1, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 m WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. Plaintiff V. BA V. VO A/K/A BA VAN VO Defendant(s) TO: BA V. VO A/K/A BA VAN VO 884 WILDFLOWER ST NE SALE,: OR.9730.1 -.3 I,78 DAT1. OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 1.4 -315 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AT'T'EMPT 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 PH # 817904 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 to 1 ,, Id. No.318079 At:toi t ,y for Plaintiff Phelan :.11inin. LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. vs. BA V. VO A/K/A BA VAN VO : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -315 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on j•93)) t? If you have any questions concerning4his 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 xx THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 817904 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, N.A. Plaintiff V. Ba V. Vo a/k/a Ba Van Vo Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/24/2014 to Date of Sale ($23.22 per diem) TOTAL Note: Please attach description of property. PH # 817904 (00 ar,Lx) LkLk : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -315 -CIVIL : CUMBERLAND COUNTY $141,251.49 $3,088.26 $144,339.75 PheL1i Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff C:D C- r— to_ as--1,tp Ck; . /..9(-A61LI e_i 74L 3) 88s Pe LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the North side of West Simpson Street in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the building line of said Simpson Street and at corner of lot of land now or formerly of Mabel M. Gleim; thence by the building line of said Simpson Street Westward forty-two (42) feet and six (6) inches to a point at Weaver Alley; thence by said alley Northward forty-seven (47) feet and ten (10) inches to a point at corner of lot now or formerly of Mabel Vogelsong; thence by said lot now or formerly of Mabel Vogelsong Eastward forty-one (41) feet to an iron pin at corner of lot now or formerly of Mabel M. Gleim aforesaid; thence along said lot Southward fifty-four and three -tenths (54.3) feet to an iron pin on the building line of said Simpson Street at the place of beginning; having thereon erected a two-story building known as No. 10 West Simpson Street. TITLE TO SAID PREMISES IS VESTED IN Ba Van Vo, by Deed from Peter T. Adams and Bradley E. Willis, equitable owners and Margaret Cheryl L. Carey Weber, aka, Margaret Cheryl L. Carey, fee simple, dated 12/01/2005, recorded 05/26/2006 in Book 274, Page 3774. PREMISES BEING: 10 West Simpson Street, Mechanicsburg, PA 17055-6324 PARCEL NO. 16-23-0565-047 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 H, PRO T 0 N TAR 2014 JUI. 23 AM 1+: 09 CUMBERLAND YNCOLINTY LbANIA Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, N.A. Plaintiff v. Ba V. Vo a/k/a Ba Van Vo Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -315 -CIVIL Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ph an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, N.A. Plaintiff V. Ba V. Vo a/k/a Ba Van Vo Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -315 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A. s/b/m to Wachovia 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 10 West Simpson Street, Mechanicsburg, PA 17055-6324. 1. Name and address of Owner(s) or reputed Owner(s): Name BA V. VO A/K/A BA VAN VO 2. Name and address of Defendant(s) in the judgment: Name BA V. VO A/K/A BA VAN VO Address (if address cannot be reasonably ascertained, please so indicate) 2501 PAXTON ST, STE 1 HARRISBURG, PA 17111 884 WILD FLOWER ST SALEM, OR 97301-3178 Address (if address cannot be reasonably ascertained, please so indicate) 2501 PAXTON ST, STE 1 HARRISBURG, PA 17111 884 WILD FLOWER ST SALEM, OR 97301-3178 ra C - CO rD 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE' P.O. BOX 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 817904 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG BOROUGH OF MECHANICSBURG C/O LISA COYNE, ESQUIRE 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 3901 MARKET STREET CAMP HILL, PA 17011-4227 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: -7 12.2 `( Y PH # 817904 By: Phy! 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 Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, N.A. vs. Ba V. Vo a/k/a Ba Van Vo : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14 -315 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ba V. Vo a/k/a Ba Van Vo 2501 Paxton st, Ste 1 Harrisburg, PA 17111 Ba V. Vo a/k/a Ba Van Vo 884 Wildflower st NE Salem, or 97301-3178 C.) ..:. �. `ri Ba V. Vo a/k/a Ba Van Vo rnFri ...... {— %r^i 1-117-7--_ 10 West Simpson Street-('...A.-.N.)7.a C.)Mechanicsburg, PA 17055-6324 `f'C y- co --4 CI mi **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 10 West Simpson Street, Mechanicsburg, PA 17055-6324 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $141,251.49 obtained by Wells Fargo Bank, N.A. s/b/m to Wachovia 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 r'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 -315 -CIVIL Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, N.A. v. Ba V. Vo a/k/a Ba Van Vo owner(s) of property situate in MECHANICSBURG BOROUGH, 1ST, CUMBERLAND County, Pennsylvania, being 10 West Simpson Street, Mechanicsburg, PA 17055-6324 Parcel No. 16-23-0565-047 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $141,251.49 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the North side of West Simpson Street in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the building line of said Simpson Street and at corner of lot of land now or formerly of Mabel M. Gleim; thence by the building line of said Simpson Street Westward forty-two (42) feet and six (6) inches to a point at Weaver Alley; thence by said alley Northward forty-seven (47) feet and ten (10) inches to a point at corner of lot now or formerly of Mabel Vogelsong; thence by said lot now or formerly of Mabel Vogelsong Eastward forty-one (41) feet to an iron pin at corner of lot now or formerly of Mabel M. Gleim aforesaid; thence along said lot Southward fifty-four and three -tenths (54.3) feet to an iron pin on the building line of said Simpson Street at the place of beginning; having thereon erected a two-story building known as No. 10 West Simpson Street. TITLE TO SAID PREMISES IS VESTED IN Ba Van Vo, by Deed from Peter T. Adams and Bradley E. Willis, equitable owners and Margaret Cheryl L. Carey Weber, aka, Margaret Cheryl L. Carey, fee simple, dated 12/01/2005, recorded 05/26/2006 in Book 274, Page 3774. PREMISES BEING: 10 West Simpson Street, Mechanicsburg, PA 17055-6324 PARCEL NO. 16-23-0565-047 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. S/B/M TO WACHOVIA BANK, N.A. Vs. NO 14-315 Civil Term CIVIL ACTION — LAW BA V. VO A/K/A BA VAN VO 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: $141,251.49 L.L.: $.50 Interest FROM 7/24/2014 TO DATE OF SALE ($23.22 PER DIEM) - $3,088.26 Atty's Comm: Atty Paid: $193.05 Plaintiff Paid: Date: 7/23/14 (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, Prothonotary _ B . r Deputy AFFIDAVIT OF SERVICE PLAINTIFF \ CUMBERLAND COUNTY WELLS FARCO BANK, N.A. S/B/M TO WACHOVIABANK, AA. PH ft 817904 DEFENDANT SERVICE TEAM/ IA BA V. VO A/K/A BA VAN VO COURT NO.: 14 -315 -CIVIL SERVE BA V. VO A/K/A BA VAN VO AT: 884 WILDFLOWER ST NE SALEM, OR 97301-3178 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED n Served and made known to BA V. VO A/K/A BA VAN VO. Defendant on the 1 day of A -u ds 1.201 T , at I/ %010, o clock P. M., at,2Q q0 S /C V e r rp rJ Rpt N € . in the manner described below: X Defendant personally served. .544 Le 0 2 9-7 3 0 3 Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 70 Height Z Weight l 3c Race klanSex M Other I, /(p-2LetJe A4 / 4c6competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth erein, is ued i the captioned case on the date and at the add ss;•,�: e. a.ove. Sworn to and subscribed before me this ,5 '44 day of (�,ctj , 20/11 Notary: By: OFFICIAL STAMP PATRICIA S BENNETT NOTARY PUBLIC - OREGON COMMISSION NO. 922138 MY COMMISSION EXPIRES NOVEMBER 11, 2017 On the dayof 20 , at state that Defendnt NOT FOUND because: Vacant No Answer on Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: _ Does Not Exist at NOT SERVED o'clock _. M. I, , a competent adult hereby _ Moved • _ Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 "T1. rriw ad PLAINTIFF .AFFIDAVIT OF SERVICE CUMBERLAND COUNTY WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. PH # 817904 DEFENDANT SERVICE TEAM/ ixh BA V. VO A/K/A BA VAN VO COURT NO.: 14 -315 -CIVIL SERVE BA V. VO A/K/A BA VAN VO AT: 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made town to BA V. VO A/K/A BA VAN VO. Defendant on thc) day o, Gs`r , 20/y , at /re- , o'clock made at 25w/ f g.h,L Sk j 46ry4- , in the manner described below: _ Defendant personally served. Adult family member with whom D fendant(s) reside(s). Relationship is00- ee . "r" Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age,! r _ y ` Height 5 ? Weight / J Race/ — Sex / Other V• I, f9 f /-, )Dh4, , 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: 16eit J NAME: ��, �/� On the day of 20 , at state that Defendant NOT FOUND because: Vacant Does Not Exist No Answer on Service Refused Other: I understand that this statement falsification to authorities. at PRINTED NAME:7744, t /4741-y TITLE: Cj/2-412.410- NOT SERVED o'clock _. M., I, , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) at is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 G) cn CO 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. S/B/M TO WACHOVIA BANK, N.A. Plaintiff v. BA V. VO A/K/A BA VAN VO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County • No.: 14-315-oviggl . -0 -77 *-; c' PLAINTIFF'S MOTION TO REASSESS DAMAGES <IP Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 15, 2014. Cr) -4 2. Judgment was entered on July 23, 2014 in the amount of $141,251.49. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 817904 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 21, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $120,048.67 $19,614.60 $186.30 $2,775.00 $1,205.30 $14,592.11 TOTAL $158,421.98 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. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 817904 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: qh21114 By: Phelan Hallinan, LLP Justin obeski, squire ATT EY FO PLAINTIFF 3 817904 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. S/B/M TO WACHOV1A BANK, N.A. Plaintiff v. BA V. VO A/K/A BA VAN VO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -315 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE BA V. VO A/K/A BA VAN VO 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 10 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-6324. 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. 817904 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 817904 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 817904 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 817904 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 817904 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 817904 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 817904 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP eski, Esquire Atto for Plaintiff 8 817904 Exhibit "A" f 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 ='r THE ` D -OF Fi `- 10/y J PRO T HONG TA n ', UL 23 AN Attorney for Plaintiff CU !1: QS PE NNsYiv° C°UNrr ANIq WELLS FARGO BANK, N.A. S/B/M TO : CUMBERLAND COUNTY WACHOVIA BANK, N.A. : COURT OF COMMON PLEAS vs. CIVIL DIVISION BA V. VO A/K/A BA VAN VO : No. 14 -315 -CIVIL PRAECIPE FOR IN REM JUDGMENTR, f TO ANSWER AND ASSESSMENT OF DAPk ES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BA V. VO A/K/A BA VAN VO, 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 Allop Pb,,,., TOTAL $141,251.49 $141,251.49 I hereby certify that (1) the Defendant's last known addresses are 2501 PAXTON ST, STE 1, HARRISBURG, PA 17111 and 884 WILDFLOWER ST NE, SALEM, OR 97301-3178, and (2) that notice has been given in accordance with.le Pa.R.C.P 237:1. Date —7 I 2:211i Jathan Lobb, Esq., Id. No.312174 Attorneyfor Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a3 I `{ PH # 817904 PROTHONOTARY 817904 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 11,2014 BA V. VO A/KJA BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 RE: WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. v. BA V. VO, A/K/A BA VAN VO Premises Address: 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 14 -315 -CIVIL Dear Defendant, Enclosed please find a true arid correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please h aided accordingly. Ver uly yours. ki, Esq., Id. No.200392 Att ey for P aintiff Th losure 817904 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff Civil Division v. CUMBERLAND County BA V. VO No.: 14 -315 -CIVIL A/K/A BA VAN VO 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. BA V. VO A/K/A BAVANVO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 BA V. VO A/K/A BA VAN VO 684 WILD FLOWER STREET NORTHEAST SALEM, OR 97301 BA V. VO A/K/A BAVANVO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 BA V. VO A/K/A BAVANVO 884 WILDFLOWER ST NE SALEM, OR 97301-3178 BA V. VO A/K/A BA VAN VO 2990 SILVERTON RD NE SALEM, OR 97301-0850 817904 BA V. VO A/K/A BA VAN VO PO BOX 4834 HARRISBURG, PA 17111-0834 DATE: By: Phelan Hallinan, LLP Justin F �' obe.. Y , Esquire ATT!' FOR PLAINTIFF 817904 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff Civil Division v. CUMBERLAND County BA V. VO No.: 14 -315 -CIVIL A/K/A BA VAN VO Defendant RULE AND NOW, this Z3'$ day of creams 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 817904 iastin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AA V. VO A/K/A BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 /f3A V. VO A/K/A BAVANVO 684 WILD FLOWER STREET NORTHEAST SALEM, OR 97301 ABA V. VO A/K/A BA VAN VO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 "BA V. VO A/K/A BA VAN VO 884 WILDFLOWER ST NE SALEM, OR 97301-3178 .43A V. VO A/K/A BA VAN VO PO BOX 4834 HARRISBURG, PA 17111-0834 7A V. VO A/K/A BA VAN VO 2990 SILVERTON RD NE SALEM, OR 97301-0850 817904 817904 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. Plaintiff vs. BA V. VO A/KJA BA VAN VO ATTORNEY FOR PLAINTIFF Court of Common Pleas C) Civil Division -71 1=9 F. -- .x rrt 3:) CUMBERLAND CpjI o No.: 14 -315 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. BA V. VO A/K/A BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 BA V. VO A/K/A BA VAN VO 684 WILD FLOWER STREET NORTHEAST SALEM, OR 97301 BA V. VO AIKIA BA VAN VO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 BA V. VO A/K/A-BA VAN VO 884 WILDFLOWER ST NE SALEM, OR 97301-3178 BA V. VO A/KJA BA VAN VO 2990 SILVERTON RD NE SALEM, OR 97301-0850 817904 BA V. VO A/K/A BA VAN VO PO BOX 4834 HARRISBURG, PA 17111-0834 DATE: Phelan Hallin. , LLP By: athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 817904 Phelan Hallinan LLP Jonathan Lobb, Esq., Id. No.312174' 1617 JFK Boulevard, Suite 1400 i_,! One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. Plaintiff vs. BA V. VO A/K/A BA VAN VO Defendant :0 ie -'0\ ' 4..1: ATTORNEY FOR PLAINTIFF coni, ,( Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -315 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 18, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about September 23, 2014 directing the Defendant to show cause by October 13, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2014. 817904 3 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: / 0//7//(1 By: Phelan Hallinan, LLP Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 4 817904 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff Civil. Division v. CUMBERLAND County BA V. VO No.: 14 -315 -CIVIL A/K/A BA VAN VO Defendant RULE AND NOW, this 2? day of creav 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. r 817904 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. Plaintiff Civil Division vs. BA V. VO A/K/A BA VAN VO ATTORNEY FOR PLAINTIFF Court of Common .(7;5 CUMBERLAND CoVty No.: 14 -315 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of tbe Coures September 23, 2'614 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should" rn A) co cp C3 -71 CD n ).> k.k .contA not be granted was served upon the following individual on the date indicated below. BA V. VO A/K/A BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 • BA V. VO A/K/A BA VAN VO 684 WILD FLOWER STREET NORTHEAST SALEM, OR 97301 BA V. VO A/K/A BA VAN VO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 BA V. VO A/K/ABA VAN VO 884 WILDFLOWER ST NE SALEM, OR 97301-3178 BA V. VO AfK/A BA VAN VO 2990 SILVERTON RD NE SALEM, OR 97301-0850 817904 BA V. VO A/K/A BA VAN VO PO BOX 4834 HARRISBURG, PA 17111-0834 DATE: By: Phelan Fiiilin P athanLobb, Esq., Id. No. 2174 Attorney for Plaintiff 817904 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. S/B/M TO WACHOVIA BANK, N.A. Plaintiff vs. BA V. VO A/KIA BA VAN VO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -315 -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. BA V. VO A/K/A BA VAN VO 2501 PAXTON ST STE 1 HARRISBURG, PA 17111 BA V. VO A/KJA BA VAN VO 684 WILD FLOWER STREET NORTHEAST SALEM, OR 97301 BA V. VO A/K/A BA VAN VO 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 BA V. VO A/K/A BA VAN VO 884 WILDFLOWER ST NE SALEM, OR 97301-3178 BA V. VO AJK/A BA VAN VO 2990 SILVERTON RD NE SALEM, OR 97301-0850 817904 BA V. VO A/K/A BA VAN VO PO BOX 4834 HARRISBURG, PA 17111-0834 DATE: (01(7/1Y By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 817904 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. S/B/M TO Court of Common Pleas WACHOVIA BANK, N.A. Plaintiff Civil Division vs. CUMBERLAND County BA V. VO No.: 14 -315 -CIVIL A/K/A BA VAN VOa3 ' =. r t• r a .t, -1 J CA r— cp Defendant z .4 n ORDER T,, co co _ D (;, AND NOW, this 23- day of Gam/ , 2014, upon consideration of Plaint's u Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance. Interest Through August 21, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $120,048.67 $19,614.60 $186.30 $2,775.00 $1,205.30 $14,592.11 TOTAL $158,421.98 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. les ire_att.c.ct J. Lot6 3v. u. Le kvavpy 817904 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. S/B/M TO CUMBERLAND COUNTY WACHOVIA BANK, N.A. Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION BA V. VO A/K/A BA VAN VO : No.: 14 -315 -CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mai rm ans ertified Mail Return Receipt stamped by the U.S. Postal S 'ice is attac • ereto Exhib A". Date: Paul Cress itorney fo n, Esq., Id. No.318079 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 # 817904 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 191OI 7rrrrrr 1 Line Article Number ru..4y44..4 - 4:W144u44,V2"1147".14a4 Name of Addressee, Street, and Post Office Address $-: '.. Postage 1• ., 1 ***r TENANT/OCCUPANT 10 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 SOA7� 2 *** Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 $0,47_ Borough of Mechanicsburg C/O Lisa Coyne, Esquire 3901 MARKET STREET CAMP HILL, PA 17011-4227 $0.47' 4 **** Commonwealth of PA Dept. of Revenue Bureau of Compliance P.O. BOX 280946, Harrisburg, PA 17128-0946 $o.47 5 ** "* Commonwealth of PA Dept. of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, PA 1712$-0948 $0.47 6 **** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 5th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 $0.47 7 **� Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0.47 8 *"** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 Conunonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 10 **** internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 13.8. Department of Justice U.S. Attorney for'ihe Middle District of PA Federal Building 228 Walnut Street, Suite 220 PC Box Harrsb $0.47 a ' 1 ' i AIKIA BA VAN VO (CUMBERLAND) PH # 817'904f1021 Page 1 of 1 Writ Team $5.17 Total Number of Pieces Luted by Sender Tome Number of plccrz Received at Post Office Postmaster, Per{Neme of Receiving E3mptoyccl The fide deearattoo of veins a requmd an all domes' and tnternatlonal ne5istcred mail, The maximum indcmoiiy payable for the reeonstructioe of nounegot btc dnruamt% under Eapcca Matt docnriteat reconstruction Insurance m SSp t%K) per piece submit tea tirtdtof ace. 1'hc maximum imtettutity pay ble on Express Malt matchcndise it 55(10 ilk -maximum irukr uty pryab1 la SiS.ilpp for registered nail, ant Wit$ optivaal in,urancc. See Domestic Mail Man I R900 54113 and 592E far timitatirtta of unvcra�e. 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