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HomeMy WebLinkAbout14-2178 Supreme Court of Pennsylvania rat Comirr�io� Pleas ; v "t" V For Prothonotary Use Only: Givil!Gd ef, Sheet i��� CUM BER;`AN�i ,.�� A Coun Docket No: . t The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace the filing and service of leadin s or other a ers as required by 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: GEORGE C. BRYSON T I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No312174, 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 $ ❑ 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 01/01/2011 CWj y PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: vs. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013 -9645 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIE� S BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 16 -- � �J l C1 062 -PA -V4 2. The Defendant is, GEORGE C. BRYSON, with a last known address of 445 CREEK ROAD, CARLISLE, PA 17013 -9645. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 5. On or about September 30, 2004, GEORGE C. BRYSON and LINDA M. BRYSON made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $250,000.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County on October 11, 2004, in Book 1883, Page 4678. 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. 6. Plaintiff is the current Mortgagee. 7. GEORGE C. BRYSON is record and real owner of the aforesaid mortgaged premises. 8. LINDA M. BRYSON was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of LINDA M. BRYSON's death on or about 09/26/2013, her ownership interest was automatically vested in the surviving tenant by the entirety. 9. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due July 1, 2013. 062 -PA -V4 10. As of 04/02/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $227,900.66 Deferred Principal Balance $13,300.00 Interest through 06/01/2013 thru 04/02/2014 $3,810.79 Interest Deferred Principal Balance $0.00 Late Charges $36.30 Escrow Advance $3,699.70 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 TOTAL $248,747.45 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. 11. 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). 12. Plaintiff hereby releases LINDA M. BRYSON, from liability for the debt secured .by the mortgage. 062 -PA -V4 13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $248,747.45, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 7 ���� By Y Date: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V4 Exhibit "A" FIXED' :RATE' NOTE -SEPTEMBER' 3 0.200 4: ME � HANICSBURG • PENNSYlVAN1A srar- ;445 °:CREEK ROAD CARLISLE PA• 17011& :(P-P -W Ad*wS) 1 'H'ORROINER $ PROMISE TO PAY`— in for: a loan that I -have received : I promise to pay U S. ;E 250;000:00 Ithis:..amount is� called "Principal") plus interest ;to.the,orderof,the,Lender.- The Lender is , !:*III make all payments ;underlhis Note 'in `the :farm of -cash, check'or . rhdh0:;drd` er.. i It . 6rstand3hat the Lender maYlransfer tt is Nate. The Lender or anyone;:who'takes.:thls Note by ;transfer and who'-is, entiffed to receive payrtienit under this Note .is ,celled the 'Note= Holder." I� INTERt ST Interest will be charged on ;unpaid principal until •the Nil amount of Principal has, been pai'tl I Will, pay. interest at a yearly rate Hof 5A The interest °rate required by this Section 2 is:the; rate.'1`:'.wiii paybofh before and aifer� nyde[auft described in, Section, 6(B) of this _Note, 3: PAYMENTS (A) Time.andl Plaee: `oi;Payments Twill pay principal and interest by . — .g a_'payment every Mon.h, f Will make my - monthl Y payment onTthe Srst d'ay of each Month beginning on NOVEMBER 1, -200ut U will make these payments every month ;until I .have paid all of ftie principal and interest and any other. charges -described ' below that I may. owe: under #his - .Note Each_ monthfy payment'will tie :spoiled as of'its:,scheduled due,date and will be applled'to' interest before Principal. If, `on OCTOBER 1-:20 , 1 till owe:amounts under this Note, I Will _pay. hose amounts in full: on that'date, which, is called the "Maturity bate.' l will make my moMhiy payments 8t.. WELLS ;FARGO BANK ,.N:A.. P:O 130X 10304 bES .MOINES IA 50 06 =0304 ,or*-' a different.place if required bythe Note Holder A o = �8 ) m , unt Of Nlorif�ly. Payments My monthly payment:rinlf be in ;fie amount of U S. S 1' As .4: 80RROWER'S RIGHT'TO PREP/lY a have the right to meke.payments of Principal at any time be, re -, ey,Are due A payment of ;Principal oniyjs known.as `a.'0repayment,'',Men I make:a:Prepayment. a, will tell the Note; oider;in wntirig that.f'am doing go I ,may'not designate a payment as a Prepayment'if i have. not made all. .the.monthly payments :du.e under - he. Notes 1 maymake a :full Prepayment or pa lial Prepayrrients .withouf> paying :a'Pi*peyment charge. The'. ;Note Holder will usealfof -my Prepayments to reduce the amount of ;P nncipaj. I awe under;tfils Note:_`However, file Note Holder may apply my Pro payment accrued aid unpaid:interest;on, the .P,repaymentamount. before applying my prepayment to.reduahe Principal amount of the No`tes,`If•I make a partial Prepayment, there wilt:. tie no changas ln:thir -due date_orrin "the - amount of my.. Monthly_paym0 nless:'the Note, Holder sprees in writing those changes;:. iitRT17GTATE'.iiltEO IWTE S "low r i i AIRRJ V"WeRm IHURNMEM, FORtl !lOO"Im • t.al'� - ECOfII' R�ViN/ItlOZ S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally Interpreted so that the interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce - the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000°/6 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (8) Default If I do not pay the full amount of each monthly payment on the date It is due. I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date. the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above. the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. T. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. & OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of' the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce Its rights under this Note against each person 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. ti. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. `Presentment" means the right to require the Note Holder to demand payment of amounts due. `Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE it1tED MOTE - fipple frn0r- PNMAIRLLMC UMI UM¢MT FORM 3M IM ECa7tL lay. swam .< 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust or Security Deed (the "Security Instrumentw), dated the same date as this Note, protects the Note Holder from possible losses which might result if Ida not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment In full of all amounts that I owe under this Note. Some of those conditions are described as follows: If all or any part of the Proy or any Interest in the Property is sold or transferred (or if Borrower is not a nature person and a beneficial interest in Borrower is sold or transferred) without lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 45 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay th sums rior to the expiration of this period, Lender may invoke any remedies permitted by t�is Sec�irity Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seat) tr • :111T mower 7&� 'i_ l� le. (Seal) Bo rrower -(Sign Original Only) MULMATE FOW MOTE • iwgN F"ft- FMMWFM.MC UNMRM M'FRt1 Va F0_ IIM tm /m s ets ETMIL REV. MKN! Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right -of -way line of Creek Road, said point being at the northeastern corner of Lot #3R; thence, along the southern right -of -way of Creek Road North 65 degrees 28 minutes 30 seconds East a distance of 149.24 feet to a concrete monument; thence, by the same a curve to the left having a radius of 2000 feet, an arc length of 2.52 feet to a point; thence, along Lot #2 South 23 degrees 23 minutes 16 seconds East a distance of 395.99 feet to a point; thence along Conodoguinet Creek South 29 degrees 00 minutes 02 seconds West a distance of 88.45 feet to a point; thence, by the same South 24 degrees 44 minutes 02 seconds West a distance of 96.06 feet to a point; thence, along Lot #3R North 24 degrees 31 minutes 30 seconds West a distance of 511.19 feet to a point, the place of BEGINNING. CONTAINING 66,508 square feet (1.53 acres). BEING Lot No. 7R on the Final Re- Subdivision Plan of Lots # 3 to 7 for Penta Star Investments, Inc. dated May 16, 2001, revised June 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 83, Page 94. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 673, Page 78. File #: 944783 Storm water drainage facilities shown hereon and located outside the public street rights -of -way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised Storm Water Management Plan is approved by North Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debris which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. PROPERTY ADDRESS: 445 CREEK ROAD, CARLISLE, PA 17013 -9645 PARCEL #29 -06- 0021 -067. File #: 944783 VERIFICATION Carol Adams, hereby states that he/ h& is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he(hh is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Carol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 04/03/2014 086 -PA -V2 File# 944783 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 #: 944783 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. GEORGE C. BRYSON Defendant(s) I ?Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal represatative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 7:7 X7 Date. o -'.� •. nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff = FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Id 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 0 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) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE (ir THE }.'ROTI ONO TA ti 2fy IL ri3:I3 CUMBERLAND COUNTY PENNSYLVANIA OFF C THE Wells Fargo Bank, N.A. vs. George C. Bryson Case Number 2014-2178 SHERIFF'S RETURN OF SERVICE 05/12/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: George C. Bryson, 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 Served" at 445 Creek Road, North Middleton Township, Carlisle, PA 17013. Deputies were advised by a neighbor that the defendant is a truck driver and is rarely home, nine attempts at service were made but deputies were unable to make contact with any one at the residence for service and the Complaint has since expired. SHERIFF COST: $48.34 SO ANSWERS, May 12, 2014 (c) CountySui:e Sheriff, Teleoscft, Inc. RONR ANDERSON, SHERIFF Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 'One Penn Center Plaza 1J Philadelphia,PA 19103 C7PirEliilbslyi'Dy 215-563-7000 'R Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County GEORGE C. BRYSON No. 14-2178-CIVIL Defendant MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint and the notice of Sheriff's Sale upon the above-captioned Defendant, GEORGE C. BRYSON, by first class mail to GEORGE C. BRYSON at the mortgaged premises, 445 CREEK ROAD, CARLISLE, PA 17013-9645; posting of the mortgaged premises, 445 CREEK ROAD, CARLISLE, PA 17013-9645; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, GEORGE C. BRYSON, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 445 CREEK ROAD, CARLISLE, PA 17013-9645. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff's Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 944783 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as tome Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "B". 3. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 2, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs June 2, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "Cu. 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriffs Sale by first class mail;posting; and by publication. Respectfully submitted, PHELAN H• INAN, LLP 6 / /4/ Date: By: Phelan Hallinan, LLP .emaii‘illith9Le5-E,Vt.; "TA ?3o 31.51-5 Attorney for Plaintiff 944783 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center P]aza Philadelphia, PA 19.103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N :N.A. Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County • GEORGE C. BRYSON • No. 14-2178-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant, GEORGE C. BRYSON, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 445 CREEK ROAD, CARLISLE, PA 17013-9645. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a)specifically states: if service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why 944783 service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the hand bills or may consist of the handbill and shall he served at least thirty days before 944783 • the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a)for the service of the original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if the service cannot be made as provided in subparagraph (A) or(B), the notice shall be served pursuant to special order of court as prescribed by Rule 430,except that if original process was served pursuant to special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first class mail, posting, and publication. Respectfully submitted, PHELAN H•AD AN, L A4IP Date: ad (-1.-11/11 By: Attorn6 for Plaintiff 944783 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. : Court of Common Pleas • Plaintiff • Civil Division • vs. CUMBERLAND County • GEORGE C. BRYSON • No. 14-2178-CIVIL • Defendant CERTIFICATION OF SERVICE The undersigned hereby certifies that copies of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN, LLP Date: 6 /14--/al By: la147 :6•sk; M• PLOLosAn) est. . , ts-L5 o Attorney for Plaintiff 944783 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 01"ptg of ruf ttlfwdgA Jody S Smith Chief Deputy Richard W Stewart Solicitor OFc10E OF THE SHERIFF Wells Fargo Bank, N.A. Case Number vs. George C. Bryson .2014-2178 SHERIFF'S RETURN OF SERVICE 05/12/2014 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: George C.Bryson,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 Served"at 445 Creek Road,North Middleton Township,Carlisle,PA 17013. Deputies were advised by a neighbor that the defendant is a truck driver and is rarely home,nine attempts at service were made but deputies were unable to make contact with any one at the residence for service and the Complaint has since expired. SHERIFF COST:$48.34 • SO ANSWERS, (e.„," May 12,2014 RON R ANDERSON,SHERIFF • (c)CounlySuite Sherif(,Teleosott Inc. Exhibit "B" • AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 944783 Attorney Firm: Phelan Hallinan, LLP Subject: Linda M. Bryson (Deceased) & George C. Bryson Property Address: 445 Creek Road, Carlisle, PA 17013 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Linda lvI. Bryson- xxx-xx-7619 George C. Bryson -xxx-xx-3121 B. EMPLOYMENT SEARCH Linda M. Bryson &George C. Bryson - A review of the credit reporting agencies provided.no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Linda M. Bryson & George C. Bryson reside(s) at: 445 Creek Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Linda M. Bryson &George C. Bryson reside(s) at: 445 Creek Road,Carlisle,PA 17013. On 03- 26-14 our office made a telephone call to the subjects' phone number (717) 249-3341 and received the following information: fax tone. On 03-26-14 our office made a telephone call to the subjects' phone number (717) 249-3117 and received the following information: disconnected. B. On 03-26-14 our office made several telephone calls to a possible phone number of the subject(s) (609) 971-7694 and received the following information:no answer. III. INQUIRY OF NEIGHBORS On 03-26-14 our office made several phone calls in an attempt to contact Lawrence H. Foxx (717) 243-9231, 400 Creek Road,Carlisle,PA 17013: answering machine. On 03-26-14 our office made several phone calls in an attempt to contact Deemer L. Morrow Jr. (717) 422-5519,490 Creek Road.,Carlisle, PA 1.7013: answering machine. On 03-26-14 our office made several phone calls in an attempt to contact Christine A. Stark (717) 243-1831,435 Creek Road, Carlisle,PA 17013: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-26-14 we reviewed the National Address database and found the following information: Linda M. Bryson &George C. Bryson -445 Creek Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-26-14 Vital Records and all public databases have a death record on file for Linda.M. Bryson &have no death record on file for George C.. Bryson. VI. ADDITIONAL INFORMATION:OF SUBJECT A. YEAR OF BIRTH Linda M. Bryson- 1947 George C. Bryson - 1954 B. DATE OF DEATH: Linda M. Bryson- 09-26-2013 C. A.K.A. Linda M. Garuba George D. Bryson * Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. r :,. H / . ~�t �. l lir. ,..„ , The above informa•tioo is obtained from available r ublic records and we are only Bali,:for the cost ofthe affidavit., Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 400 One.Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX 215-568-7616 Alexandrea Greenwood Ext. 1563 Representing Lenders in Service Department Pennsyi Valli a June 1, 2014 GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 RE: WELLS FARGO BANK, N.A. v. GEORGE C. BRYSON Premises Address: 445 CREEK ROAD, CARLISLE,PA 17013-9645 CUMBERLAND County, No. 14-2178-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Ru1.e 208.3(9), 1 am seeking concurrence with the requested relief that is, service of the complaint by first class mail and posting of tin moi tgaged pr.eanses. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly, Very truly yours, lorliAin,Lobb, Esq., id, No 312174 . Attorney for Plaintiff ' . k . 944783 Name and Phelan Hallinan,LLP Address 1$17 JFK Boulevard,Suite 1400 or Sender One Penn Center Plaza ( Philadelphia.PA 19103 ALG j T. ' Line Article Number Name of Addressee,Street,and Post Office Address Postage 1 ssaa 'TENANT/OCCUPANT $0,4R , -'': 445 CREEK ROAD - _CARLISLE,PA 17013-9645 RE:GEORGE C.BRYSON(CUMBERLAND) TEAM 4 PH#9447/8311021 Page 1 of 1 $0.48 ' Total Numbs,of 70ta1 Nwnbtr of Pieces ).041111.t2S.!kr{Nucor of The fun d-rtara ion 01 talo k mgacnd on all dome Yk.Vol initmattnout tchifitred on TSr,nut Piero Lista by Sudo. Rrsoiood at Pod Office Serel+xn3 Bmployo-o) rot the fc0Onutnciinn of noon pnluSk d Y+mcnn under r•free..Molt document accan.irutvgn tt „,�^r 1 pts fifes,tau limit of SI00Uln per srmrcncs,Tho maximumhstsnnity-psprbk nn F..pcso . r'' Tht:maaimUrnJod mn0r parahle it StifieRfor regi tore!!nae.sent with optional imuranez-So 59101591'3 and 5921 for RnVtati000 ofso.stsfts Form 3877acsimile + 1p it ��- __ q r3j� i • 944783 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County GEORGE C. BRYSON No. 14-2178-CIVIL Defendant ORDER AND NOW, this ZL ' day of 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant, GEORGE C. BRYSON,by: 1. Posting of the premises: 445 CREEK ROAD, CARLISLE, PA 17013- 9645 by the Sheriff or a non-party competent adult; and 2. First class mail to GEORGE C. BRYSON at the mortgaged premises located at 445 CREEK ROAD, CARLISLE, PA 17013-9645. Service by mail is complete upon the date of mailing. 3. By publication pursuant to Pa. R.C.P. 430 } C, y _ r PH#944783/ALG It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY T E COURT: J. *Prior to fulfilling; the requirements of service of Notice of Sale as set for/' this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In thehis attempted service is not successful,Plaintiff'may proceed with service of the Notice of Sale in conformity with this Order. Cc: GEORGE C. BRYSON 445 CREEK ROAD, CARLISLE, PA 17013-9645 Y MAI LL A- !2,i='keJ58.,t.) PH#944783/ALG 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 WELLS FARGO BANK, N.A. Plaintiff vs. GEORGE C. BRYSON Defendants H t3ROTHONC i . 11e, JUL I Li All 10: CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 14 -2178 -CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By Date: tt /paw, Svc Dept. File# 944783 Attorn N, LLP sman, Esq., Id. No.318079 for Plaintiff #1115 Pp R C 143/5(p5 0 538148 r - p -Of: Phelan Hallinan, LLP ,�f?(j TH6 [j Paul Cressman, Esq., Id. No.31 7 ' ATTORNEYS FOR PLAINTIFF paul.cressman@phelanhallinan. om `�Uj 22 /13 $ 1617 JFK Boulevard, Suite 1400 U One Penn Center Plaza , - L �a� ©� , . Philadelphia, PA 19103 LNS ��-V1N�A 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -2178 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, GEORGE C. BRYSON at 445 CREEK ROAD, CARLISLE, PA 17013-9645 on July 18, 2014, in accordance with the Order of Court dated June 26, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE:7/2-1// PH # 944783 Phelan sman, Esq., Id. No.318079 for Plaintiff Ph allinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND ALG PLEASE POST BY: 08/13/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 14 -2178 -CIVIL WELLS FARGO BANK, N.A. DEFENDANT GEORGE C. BRYSON TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 445 CREEK ROAD, CARLISLE, PA 17013-9645 XX Civil Action Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** ,- Served Posted Cand made known G ORGE C. BRYSON, Defendant on the �`f Nday of �N 1.•-f . 20 11 D at : 40 o'clock, /4 . M., at 445 CREEK ROAD, CARLISLE, PA 17013-9645, 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/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. ✓ Other: POSTEb Tifk PRa P'ER t y C (1 J 0) Description: Age Height Weight Race Sex Other Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint m Mortgage Foredosure issued in the captio ani the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating o unswlgm falsification;;, : u'T. rities_ DATE: 7 ani l NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of . 20_, at _ o'clock _. M., Defendant NOT FOUND because: __ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other PH # 944783 Phelan Hallinan, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON Plaintiff Defendant(s) FILE 0-0FF E: OF THE PROTHONOTARY ATTORNEYS FOR PLAMING 15 A141. 1 8 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -2178 -CIVIL AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated une 26, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Carlisle Sentinel on 07/26/2014 and Cumberland Law Journal on 08/01/2014 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: August 13, 2014 PH # 944783 ALG Phelan Hallinan, LLP Phelan Hallinan, LLP Kenya Bates, Esq., Id. No.203664 Attorney for Plaintiff q(ly-7e3 8so PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 1, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. U,isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 1 day of August, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 P b50 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of July 26, 2014. COPY OF NOTICE OF PUBLICATION Iiusnap or tne`tug! NOTICE OF ACTION IN MOR during Saturday's IN THE COURT OF COMMON PLEAS OF CU CIVIL ACTIO would deny Nitiali Paris on Sunday. With cool and cal racing, Niba by bit built a lea. than seven miniu closest rivals, is more against ma Frenchmen Thib and Jean -Christi] and Spaniard Alej, verde are vying;f and third: The showdot down to Saturda lometer (33.5-r against the cl Bergerac to Perig atively long by 7 dards, the time tr quire riders to n steady rhythm ar wind Or rain on without the pro the pack. Only 15 second the three riders t ball. Pinot trails by 7 minutes, 1( WELLS FARGO BANK, N.A. Plaintiff vs. GEORGE C. BRYSON Defendant NOTIt To: GEORGE C. BRYSON You are hereby notified that on April 10, 2014, Plaintiff, WELL Complaint endorsed with a Notice to Defend, against you in Pennsylvania, docketed to No. 14 -2178 -CIVIL. Wherein PI& property located at 445 CREEK ROAD, CARLISLE, PA 171 Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Com, publication ora Judgment will be entered against you. NOTIC If you wish to defend, you must enter a written appearance pen in writing with the court. You are warned that if you fail to dc may be entered against you without further notice for the re u. YOU property HOULD TAKor other E THIS hts important OTICE TO YOUR LAWYER AT TELEPHONE THE OFFICE SET FORTH BELOW. THIS Ol ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFI INFORMATION ABOUT AGENCIES THAT MAY OFFER LI REDUCED FEE OR NO FEE. CUMBERLAND COUNTY A) CUMBERLAND COUNTY CUMBERLAND COUNT 2 LIBERTY A' CARLISLE, R 717-249-3 800-990-9 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true Sworn to and subscribed before me this 072+11 do(' � Joh ROH ft %'I N tary Public - My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No. 14 -2178 -CIVIL WELLS FARGO BANK, N.A. Plaintiff vs. GEORGE C. BRYSON Defendant NOTICE To: GEORGE C. BRYSON You are hereby notified that on April 10, 2014, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, dock- eted to No. 14 -2178 -CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 445 CREEK ROAD, CAR- LISLE, PA 17013-9645 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 10 Aug. 1 FILED -OFFICE CP THE PROTHONOTARY 201ti SEP 17 Ar# 10: 07 CWlCERLANO COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff No. 14 -2178 -CIVIL v. Cumberland County George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On April 10, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant George C. Bryson (hereinafter "Defendant") for his failure to make monthly payments of principal and interest upon their mortgage due July 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit 944783 2. On July 24, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant by posting the property. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 944783 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 944783 BY: Respectfully submitted, PHELAN HALLINAN, LLP Schalk, Esquire ey for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelAnhfllinan.com 215-563-7000 Wshmiyaillthitekin to b0 a trif HiQ eormattopy i l of rued ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, VS. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 Defendant. CIVIL DIVISION NO.: t a 1-1 CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V4 s E T 1 0 N A s 1.4 1 0 N B Supreme Co Cour of Pennsylvania Pleas eet County eller 'Nati onata &Ilse ON : .-."14-- Lead Defendant's Name: GEORGE C. BRYSON Arc money damages requested? I: Yes El No '„,.' , ;,— 74 ' ;' '.. 1,4 l' ''') ', 1 ' t • Is • Dilck41 So: .:7-44r ' ' • `• - di - „ '4i't: The information collected on this form is used solely for court administration purposes. This form does not stf Anneal or re lace the flhjj,j and service leaf& s,or other pajnrs as ret lured I,y law or rules court. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: GEORGE C. BRYSON Arc money damages requested? I: Yes El No Dollar Amount Requested: ri within arbitration limits (Check one) 0 outside arbitration limits s this a Class Action Suit? [..] Yes 0 No Is this an MDJ Appeal? 0 Yes Cl No Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esq,, Id. Nci.312174, Phelan IIallinan. LLP 0 Check here if you have no attorney (are i Self -Represented (Pro Se l Litigant) Na 0 Case: Place an "X" to the left of the ONE case category a 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 Muss Tori) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance o Premises Liability o ProductLiability (does not include muss tort) 0 Slander/Libc1/ Defamation 0 Other: MASS TORT 0 Asbestos 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste o Other: PROFESSIONAL LIABILITY 0 Dental regal 0 Medical 0 Other Professional: Pa.R.C.P. 205.5 CONTRACT (do no( zncfwla ,ludgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card ID Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment o Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition o Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections 0 Dept. of Transportation El Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statwory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranlo 0 Replevin 0 Other: Updated 01/01/20.1) FORM 1 M THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. GEORGE C. BRYSON Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender, If you do not have a lawyer, you must take the following steps to be eligibte for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal .representative, you. must promptly meet with that legal represettativc within twenty (20) days of the appointment date. During that ineeting, you must provide t c legal representative with all requested .financial information so that a loan resolution proposal can bo prepared on your behalf. If you and your legal -representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court; which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint, If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage .foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact M1dPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer withall requested financial information so tliata loan resolution proposal can be'prepured on your behalf. lfyou and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will Renate, and file u Request for 'Concil ation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity torneet 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. 7411/ Date Date Respectfully submitted: Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Yes No [j Listing date: Price: $ SOW: Zip: Realtor Name: Borrower Occupied? Yes Mailing Address (if different):. City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: Realtor Phone: 0 State: Zip: Home: Office: Cell: Other: How long? Home: Cell: Office: Other: State: Zip: # of people in household: How long? First Mortgage Lender: Type of Loan: _. Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Value: $ $ $ $ $ $ $ $ $ Automobile #1: Model: Year; Amount owed: Value: Automobile #2: Model: Year: Amount owed:- Value: Other transportation (automobiles,.boats, motorcycles); Model: Year: Amount ritved; Value Monthly Income Nanie of Employers: 1. Moodily 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'"[ortgage Utilities Car Payment(s) Condo/Neigh. Fees Med, (not covered) Other prop, piiyment Cable TV Auto Insurance Auto (uelircpairs install. Loan Payment Child Suppori/Alim. Spending ,Money Other Expenses Dy/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes El No 0 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): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against theclaims 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 '1'0 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 IIIRE 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 N: 944783 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 Defendant, CIVIL DIVISION NO: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V4 2. The Defendant is, GEORGE C. BRYSON, with a last known address of 445 CREEK ROAD, CARLISLE, PA 17013-9645, 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about September 30, 2004, GEORGE C. BRYSON and LINDA M. BRYSON made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $250,000.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County on October 11, 2004, in Book 1883, Page 4678. 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. 6. Plaintiff is the current Mortgagee. 7. GEORGE C. BRYSON is record and real owner of the aforesaid mortgaged premises. 8. LINDA M. BRYSON was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of LINDA M. BRYSON's death on or about 09/26/2013, her ownership interest was automatically vested in the surviving tenant by the entirety. 9. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due July 1, 2013. 062 -PA -V4 10. As of 04/02/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $227,900,66 Deferred Principal Balance $13,300.00 Interest through 06/01/2013 thru 04/02/2014 $3,810.79 Interest Deferred Principal Balance $0.00 Late Charges $36.30 Escrow Advance $3,699.70 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 TOTAL $248,747.45 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. 11. 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). 12. Plaintiff hereby releases LINDA M. BRYSON, fiom liability for the debt secured by the mortgage. 062 -PA -V4 13, This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in abankruptcy 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 $248,747.45, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: yliby 062 -PA -V4 By: JoiiThaLobb, Esq., Id. No.312174 Attorney for Plaintiff Exhibit "A" FIXED RATE NOTE SCIMMER:30;. $004 MECHANICB&LIRG 445 CREEK ROAD. CARLISLE. PA, 11Q13 mirsprly sosnrertj pgNitsYLVAtilA Shrli 1. BoRROWER•WPROPASSE. TO PAY' in return for a loan that I have received, 1 prmsa to Ply U,S, 259•060.00 called,‘,PrIncipai'). plus intereal, to the otter &the Lender. The Lender is "NE I 'will make ments under this Note In the 'for : otr cash, Checkor money Order. I. underetend that the Lender:may transfer Oki Nofa. The Lender Ur anyone NM/lakes this Nato by transfer and whit le entitled to receive PaYMenta under 1Jil Mite is called the •Nole:Holder:' 2 INTEREST Interest will be charged on unpaid principal until the MI amount of Principoi heti been paid'. I Will. pay interest et a yearly rate Of 5:075 . The Interest rat, required:by this Section 2 le the rate 1 will pay bath before and after any default described in Section fl(B)ef this Note. (this amount is 3. PAYMENTS (A TO* and, Mass of Payment' 1 vim essy prInCipal and Interest by making .4vpayment every 1 will make MY these payment* W.041 Meath until 1hive pard all ethyl 'prlitelpal !tad triteratit and arty other Chargai described beta* that t may awe under thls;Note. tech Matilillr PaYrrfent Will be applied ee Dr Its scheduled due -date and will be applied -10 Intermit berate PrIncliSal. it; ell'OTOBER 1, 2034 1 11II trim:amounts under this Note, I will pay thistle amounts In MI an that datacwhich is called,the 'Maturity Date.' t will make my yrierrthly pernema 'WELLSTARGO BANK N.A. P.O. BOX 10304, DES MOINES. IA 60306.4304 or at a different place If required by The Note Holder. (11) Amount 01114.DrIttlb PIYMnai My mangily payment will be in the tirtibuat of WS. $ 1:,411L115 . 4.. D.OptivoWert RIGHT TO PREPAY 1 have lite: right to make paymenta of PrinCipel Were they are deir. A payment of Prtnelpet 0111,Y Is kliewfrren a "PrePaymeril.-/Vhen I make a iPreeayment,4 Will tall the Note Heider In writing that am doing o. I May not designate a payment aa e: Prepayment if I have not made all .1h0 monthly paymente due under the NMI. 1 may make a MI Prepaymentor partial Prepayments without paying e:Prepeyirient cherge. The Note HOlder'W111 use all of MY Prepayments ID reduce the amount Of PritiOlpal'ilial I OWe 'under this Nob3. Newever, The Nate Holder may apply my Prepayment ID the accrued kind' unpin, Ink/reel an the ,Prepayment amount before 4loplyino.onSr, ,Prppaymot t re du thece• Principal- amount' of the Wife:ill make a Pedro' Prpaymon1 ttiera wil! be no change° 'In itte,dUodute- or In the amount of my monthly payment unless the Note Meader:agrees In Writing :to .those changes. muvrator Rap VOTE • Siqp4e:l10#/y • FlOWVALPIC %M0$ liantuoton• Folio MINIM 1 if I EOM RSV. 'Vint 1 5. LOAN C$ARGa If >t Inw, whidh rtpplleato this loan and which seta maximum loan charges, is finally interpreted so that the Interest -or other loan charges collected or to be collected In connection with this:loan exceed the perm(ited'1lmite, then: (aj any such loan charge shell be reduced. by the amount necessary to reduce *the charge to the•perinitted (fruit; and (b) any sums already collected from me which exceeded permitted limit/ will be refunded to me, The Note Holder may choose - to make this refund by reducing the Principal 1 owe undei•thia.Ncite or by making a direct payment to me:. If a refund reducee Principal, the redu'cti'on Wilt be treated as a pertlal Prepayment. 8. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lata Charge for :OVsrdus Payments If the Note Holder has.not received the fult•amount.of any monthly peyment'by the end of 15 calendar days after the date It. Is due 1 W111 pay a late charge to the Nate Holder. The amount of theeharge will be 5.000% of my overdue payment of principal and Interest. I .will pay this late charge promptly but only once on each tate .payment. (0) default. If l:do ntrt;paythe fuII etrtottiit of each trtorithly payment art the date H le due; I will be In default. (C) Neap of Detetuit if i am `In dofafuk, the: Note,' Holder may Send ,me.a wriften,nallco lalling me that if 1 do not pay the overdue amount;by b' certain date, the Note Holder May require me to pay Immediately the full amdunt of Principal which has.not been patd'and all:the Interent.that i owe on thatarffouni. That date;must.,be etzleast30 days after the date on which the notice ie mailed to me or deliveredby, other means.. On No Walser ey'NOta Holder Even if, el a time when I am In default, the Note Heider dome not reouire:me topay_itirmedtbteIy In: :full as deectlbed above, the Note Holder will still have the right to doer, If.1 am in defeull al a ,later ilniet (E) Payment Of Ndt%.Holtdiii'i .Costs and Expenses. 1r the Nola Holder has required me to pay ImmediatelyIn full as described above, the Note. Holder will have the right to be paid back by me for ell of its costs .'and expenses in enforcing this Notes to the extent not prohibited by applicable law. Those expenses include, for oxomple, reasonable attorney's fees. 7: GIYING::OF NOTICES tJtlleics eppilcabteiew requires a different method; any noiiCe.thetImubl;be:glvpn to Ma guide hie Note will be given by dellvertpg. It Or by mailing it by fire ciao,:mall tb;•me at the PNM:it:Tly Address; above or at d dltfererit oddratde if 1 glue tine N4te`Hglder a flake of my different address. Any notice %at:must be::(Ilyen to the Note Holder thle.Note will be:given by.dedvering 11 or.by mailing It by Net alai£, m`a11 le 'the Nate Helder at the address,stated.in°•Eectlon::3(A) aabove.oral a; tlil'ferent`•addrese if Iamipiven a notice of•that different address. 0. O■LIOATIONS:OF PERSONS:UNDER Nis NOTE If mere:than One person Ulan, lhle Note, each person le fully: end personally obligated to keep all of the promises made I'n this Note; Including the promise to pay the full amount owed. Any person who Ia a guarantor, surety or endorsor of this. Note is. also obligated to do these things, Any person: wtio, lakes:•over these: obligations. Including the obllgetlons of a.guarentor, surety or endvrser.of%thie vote; li oleo obligated to keep alt the premiers: made i'n 1h13.Note. The Note Holder may enforce. Its rights under this Note against:each person indlvidually or against ali:d us together. Thls ' means That any one 0* ua may be required to pay all Of the amounts owed under told: Nola. 9. WAIVERS 1 and any other person 'who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Prosontrnent' means the right le requlre the Note Holder to demand payment of amounts due. 'Notice of Dishonor` means the rlpht.to require the Note Holder to give notice to other persons 'that amounts due have not bean paid. KVLri$TAt! nxw 010111 - Fret►/• H+uN{HLMC WtlPQJIU 1 UMiwi /rfy FOPS 3261 141 r 3 $ , 4 I'-� rant ay. wain le 4; • la. UNIFORM: SECURED: NOTE eThlif 'Kt& a.urilform instrument•with:Nalited,v0frOanalft game latfadicf(aaa•In aC.NKHOP fa fl, protecligna!giVen to;..tho:Note Hutdet Wider Oda Nett a Mortgage, Deed of trust or Security Deed (the 'PeptirfitY InAteUfreintl, dated the Same dte efirthia Note, protects the Note holder from possible losses Which Might result If Ida riot keep thapromises Witch I make In this No10. That Security Instrument describes how and under what conditionmay bo required to Make IMMOtliete payment:1h full deli arhoOntslhal Owe: :under title NOte. Slime al those Condltionis are describisd as felloWs: If all or any pari of the Proporly or any Interest In the Properly is sold or transferred (or if Borrower is not a naturat person and a beneficial interest In Borrower In sold or transferrod) without Lenders prior 'written consent Lender may require immediate payment In full °Lail sums secured by this Security Instrument. However, this option shall not he exercised by Lender If such exercise Is prohibited by Applicable Law. If Lender exerclSes this option, Lender shall give Borrower notice of acceleration. The notice shallpravide a period of not less than•30 dgyb from the data the notice is given in'accotdant whh Section 15 Within which Borrower must pay all urns secured by thls Security instrument 11Borrower falls to pay these sumsprior to the expiration Obis period. Lender may Invoke any remedies permitted by this security Instrument without further notice or demand on Borrower. WITNESS THE:RANDOM:AND SEALS OF ThE UNDERS(GNED • • (Sign Original oriM: • owcnstArg FPID 1/411111 • &OP riegly• nettivna.mc uoespous oanivioun EOM OW 10111 el I: MIMI. WV. 1144!YU Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a point on the southern right-of-way line of Creek Road, said point being at the northeastern corner of Lot #3R; thence, along the southern right-of-way of Creek Road North 65 degrees 28 minutes 30 seconds East a distance of 149.24 feet to a concrete monument; thence, by the same a curve to the left having a radius of 2000 feet, an arc length of 2.52 feet to a point; thence, along Lot #2 South 23 degrees 23 minutes 16 seconds East a distance of 395.99 feet to a point; thence along Conodoguinet Creek South 29 degrees 00 minutes 02 seconds West a distance of 88.45 feet to a point; thence, by the same South 24 degrees 44 minutes 02 seconds West a distance of 96.06 feet to a point; thence, along Lot #3R North 24 degrees 31 minutes 30 seconds West a distance of 511.19 feet to a point, the place of BEGINNING. CONTAINING 66,508 square feet (1.53 acres). BEING Lot No, 7R on the Final Re -Subdivision Plan of Lots # 3 to 7 for Penta Star Investments, Inc. dated May 16, 2001, revised June 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 83, Page 94. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Mise. Book 673, Page 78. Fite 0: 944783 Storm water drainage facilities shown hereon and located outside the public street rights-of-way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised Storm Water Management Plan is approved by North Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debris which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. PROPERTY ADDRESS: 445 CREEK ROAD, CARLISLE, PA 17013-9645 PARCEL #29-06-0021-067. 19!e 4: 944783 VERIFICATION Carol Adams , hereby states that he/ is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhL h infonrth.tionand belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Carol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 04/03/2014 086 -PA -V2 Filet/ 944783 AFFIDAVIT OF SERVICE — CUMBERLAND ALG PLEASE POST BY: 08/13/2014 PLAINTll 1 COUNTY: COURT CUMBERLAND NO. 14 -2178 -CIVIL, WELLS FARGO BANK, N.A. DEFENDANT GEORGE C. BRYSON TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 445 CREEK ROAD, CARLISLE, PA 17013-9645 XX Civil Action Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH 7.H)!:***** ***ATTACHED COURT ORDER****** Served Post land made Imo OROE:C. BRYSON; Defendant on the oZ¢I -day of YN 1- ai .t.4 0, o'clock, M., at 445 CREEK ROAD, CARLISLE, PA 17013-9645, in thin manner described below: Defendant persorially served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in rhargc of Defendant's residence who refused to give namc/relationship. — Manager/Ckrk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. v Otte,- jdER fly. Description: Age Height Weight Race Sar Other 1, Ronald Moll , a competent adult, being duly sworn according to law, depose and state that 1 personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the evil,tet) a •on the date and the *address indicated above. 1 understand that this statement is made subject w the penalties of 18 Pa. C.S. Sec. 4904 rel' niiit#1 {v ctttslum falsification DAZE: 7 (a'{ (l g NAME: PRINTED NAME: Rona{tl Moi! TITLE: Process Server • NOT SERVED On the day of 20 , at — o'clock . M., Defendant NOT FOUND because: Vacant _Does Not rutin _ Moved _Does Not Reside (Not Vacant) No Answer on. 21 61 , Service Refused 20 14 Other. PH #944783 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v. George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -2178 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 Date: 944783 By. :IP tA hT Schal , Esquire ney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v. George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 Defendant AND NOW, this ORDER 7-34 day of Court of Common Pleas Civil Division No. 14 -2178 -CIVIL Cumberland County , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. c 944783 rge C. Bryson Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff Cop /12 -ac 9/.5. y `="71 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 944783 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON _Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2178 -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 GEORGE C. BRYSON is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant GEORGE C. BRYSON is over 18 years of age and resides at 445 CREEK ROAD, CARLISLE, PA 17013-9645. (c) Mortgager LINDA M. BRYSON is deceased and thus unable to participate 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. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ji /(9/11/ Phe 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 944783 i?epartment of Defense Manpower Data Center Status Report Pursuant to Se1VicereIflbers Civil Relief Act Last Name: BRYSON First Name: LINDA Middle Name: M Active Duty Status As Of: Nov -06-2014 Results as of : Nov -06-2014 01:44:12 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA 140 NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No:. NA This response reflects where the individual left active duty s atus 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 ka Cf)* 3epartment of Defense Manpower Data Center State Report Pursuant to Servicetnemhers Civil Relief Act Last Name: BRYSON First Name: GEORGE Middle Name: C Active Duty Status As Of: Nov -06-2014 Results as of : Nov -06-2014 01:44:11 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Stan Date Active Duty End Date I Status Service Component NA NA jl 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 _a NA This response reflects whether the individual or his/her unit has received eady notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data. Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy. Marine Corps. Air Force. NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. rA Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PHELAN HALLINAN, LLP Adam H. Davis, Esq., id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON Ui- tc Pi?011.10/' 20111 Nov 12 dm rpely for Plaintiff 1 A HO COUNTY YLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2178 -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 GEORGE C. BRYSON, 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 $248,747.45 TOTAL $248,747.45 I hereby certify that (1) the Defendant's last known address is 445 CREEK ROAD, CARLISLE, PA 17013-9645, and (2) that notice has been given in accordance with Rule Pa.R.C.I' 2.37.1. Date /(//(/('7 Adam H. Davis, Esq., Id. No.203034 Attorney Plana, DAMAGES ARE EREBY ASSESSED AS INDICATED. DATE: li I) -1I ,-; PH # 944783 PROTHONOTARY a 944783 CIL tt 141 ta-4---1 Ve_v 3132ss SI ( PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.20303.4 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2178 -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) GEORGE C. BRYSON is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemeinbers Civil Relief Act, as amended. (b) that defendant GEORGE C. BRYSON is over 18 years of age and resides at 445 CREEK ROAD, CARLISLE, PA 17013-9645. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 944783 ;Department of Defense Manpower Data Center Status R Pursuant to Last Name: BRYSON First Name: LINDA Middle Name: M Active Duty Status As Of: Nov -11-2014 be _CM 1i -f Act Results as of : Nov -11-2014 12:05:22 AM SCRA 3.0 On Active Duty On Active Duty Stains Date _ - Active Duty Start Date Active Duty End Date Status - Service Component. NA NA - - - - , No NA This response rettects the tndividuais' active duty status based on the Active'Duty:Status Date - " - - Left Active Duty Within 367 Days of Active Duty Status Date Status ' ,,, ... ..:. ActiveDutvStart Date . ,, Active Duty End Date - Status : ., ,_ -. " - Semite Component .-- _.- NA i't 9 NA •c x, rd No^^' l .' NA This response tett ects where the'individuat tett a'citvli duty status within 367•days preceding the'n riy 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 fir, NA "Z; t t -... rt No. . '', a -.; NA This response reflects whether the.indiwduai or hisltief:unithas.retztvedbatty,ndf i cation to eport for active duty Upon searching the data banks of the Department of Defense MSnpower"Data Center ,based on; then 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 Status ..Report Pursuant to Set icetn mbe Last Name: BRYSON First Name: GEORGE Middle Name: C Active Duty Status As Of: Nov -11-2014 Results as of : Nov.11-2014 12:05:21 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA No• - - NA This response reflects where the individual left active duty status within 367 days preceding the:Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA : NA ... -No • NA This response reflects whether the individual or his/her unit has received eady notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center; based onthe information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army. Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. "S. GEORGE C. BRYSON against you on : CUMBERLAND COUNTY : COURT OF COMMON PLEAS • : CIVIL DIVISION : No. 14 -2178 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 944783 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS t v.. GEORGE C. 13RYSON Plaintiff Defendani(s) TO: GEORGE C. BR SON 445 CREEK ROAD CARLISLE, PA 17013-9645 DATE OF NOTICE: CIVIL DIVISION • NO. 14 -2178 -CIVIL - CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THis NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY 'INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A 11 ORNEY 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 Al -FORD TO HIRE A LAWYER, THIS 01 -I -ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O1 -1±R 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 41 944783 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 .Esq ., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. George C. Bryson Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/12/2014 to Date of Sale ($40.89 per diem) TOTAL Note: Please attach description of property. PH # 944783 : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -2178 -CIVIL : CUMBERLAND COUNTY $248,747.45 $4,620.57 $253,368.02 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff ,So LL CU/ H7g;-3 3/10W ee" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described asfollows: BEGINNING at a point on the southern right-of-way line of Creek Road, said point being at the northeastern corner of Lot #3R; thence, along the southern right-of-way of Creek Road North 65 degrees 28 minutes 30 seconds East a distance of 149.24 feet to a concrete monument; thence, by the same a curve to the left having a radius of 2000 feet, an arc length of 2.52 feet to a point; thence, along Lot #2 South 23 degrees 23 minutes 16 seconds East a distance of 395.99 feet to a point; thence along Conodoguinet Creek South 29 degrees 00 minutes 02 seconds West a distance of 88.45 feet to a point; thence, by the same South 24 degrees 44 minutes 02 seconds West a distance of 96.06 feet to a point; thence, along Lot #3R North 24 degrees 31 minutes 30 seconds West a distance of 511.19 feet to a point, the place of BEGINNING. CONTAINING 66,508 square feet (1.53 acres). BEING Lot No. 7R on the Final Re -Subdivision Plan of Lots # 3 to 7 for Penta Star Investments, Inc. dated May 16, 2001, revised June 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 83, Page 94. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 673, Page 78. Storm water drainage facilities shown hereon and located outside the public street rights-of-way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised Storm Water Management Plan is approved by North Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debris which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. TITLE TO SAID PREMISES IS VESTED IN George C. Bryson and Linda M. Bryson, h/w, by Deed from Robert H. Dorff and Delores A. Yingst, his wife, dated 09/24/2004, recorded 10/11/2004 in Book 265, Page 3404. The said Linda M. Bryson died on 9/26/2013, vesting sole ownership in George C. Bryson as surviving tenant by the entirety. PREMISES BEING: 445 Creek Road, Carlisle, PA 17013-9645 PARCEL NO. 29-06-0021-067. PHELAN HALL1NAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2' 2 El II.: FA One Penn- Center Plaza Philadelphia, PA 19103 ,Ut fijLi0 i_,LIJV Adarn.Davis@PhelanHallinan.corn ki 215-563-7000 Wells Fargo Bank, N.A. Plaintiff V. George C. Bryson Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -2178 -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: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Vg's Fargo Bank, N.A. Plaintiff V. George C. Bryson Defendant(s) OF Ti-- IL ED -OFFICE HE PR HE OTAT' 2014 POI' 12 gill p8 --CUMBEIiL A O CO 1 . PENNSYL1/41',11A, T r COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -2178 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 445 Creek Road, Carlisle, PA 17013-9645. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 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) Tbf Financial LLC 740 Waukegan Road Deerfield, IL 60015 Tbf Financial LLC 107 N Commerce Way C/O Michael Lessa, Esquire Bethlehem, PA 18017-8913 Lvnv Funding LLC C/O Michael F. Ratchford, Esquire, Edwin A. Abrahamsen & Associates, P.C. 120 N Keyser Ave Scranton, PA 18504 Lvnv Funding, LLC 15 South Main Street, Suite 500 Greenville, SC 29601 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Pennsylvania Central Federal Credit Union 959 East Park Drive Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 944783 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 knowleduc 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 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 445 Creek Road Carlisle, PA 17013-9645 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: iliiizry By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 944783 Welts Fargo Bank, N.A. George C. Bryson FILED-OFF OF TH-E: .PaTI-IOtsO T .?. 1/ 2014NOV 12 011: 09 CUMBERLAND Plaintiff ND COUPSiY PENNSYLVANIA vs. : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -2178 -CIVIL Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George C. Bryson 445 Creek Road Carlisle, PA 17013-9645 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 445 Creek Road, Carlisle, PA 17013-9645 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the'Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $248,747.45 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal. proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will -be -sold to thelliQ'nest 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 _ SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -2178 -CIVIL Wells Fargo Bank, N.A. v. George C. Bryson owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 445 Creek Road, Carlisle, PA 17013-9645 Parcel No. 29-06-0021-067. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $248,747.45 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Creek Road, said point being at the northeastern corner of Lot #3R; thence, along the southern right-of-way of Creek Road North 65 degrees 28 minutes 30 seconds East a distance of 149.24 feet to a concrete monument; thence, by the same a curve to the left having a radius of 2000 feet, an arc length of 2.52 feet to a point; thence, along Lot #2 South 23 degrees 23 minutes 16 seconds East a distance of 395.99 feet to a point; thence along Conodoguinet Creek South 29 degrees 00 minutes 02 seconds West a distance of 88.45 feet to a point; thence, by the same South 24 degrees 44 minutes 02 seconds West a distance of 96.06 feet to a point; thence, along Lot #3R North 24 degrees 31 minutes 30 seconds West a distance of 511.19 feet to a point, the place of BEGINNING. CONTAINING 66,508 square feet (1.53 acres). BEING Lot No. 7R on the Final Re -Subdivision Plan of Lots # 3 to 7 for Penta Star Investments, Inc. dated May 16, 2001, revised June 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 83, Page 94. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 673, Page 78. Storm water drainage facilities shown hereon and located outside the public street rights-of-way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised Storm Water Management Plan is approved by North Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debris which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. TITLE TO SAID PREMISES IS VESTED IN George C. Bryson and Linda M. Bryson, h/w, by Deed from Robert H. Dorff and Delores A. Yingst, his wife, dated 09/24/2004, recorded 10/11/2004 in Book 265, Page 3404. The said Linda M. Bryson died on 9/26/2013, vesting sole ownership in George C. Bryson as surviving tenant by the entirety. PREMISES BEING: 445 Creek Road, Carlisle, PA 17013-9645 PARCEL NO. 29-06-0021-067. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 1701.3 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. GEORGE C. BRYSON WRIT OF EXECUTION NO 14-2178 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $248,747.45 L.L.: $.50 Interest FROM 11/12/2014 TO DATE OF SALE ($40.89 PER DIEM) - $4,620.57 Atty's Comm: Due Prothy: $2.25 Atty Paid: $208.84 Other Costs: Plaintiff Paid: Date: 11/12/14 (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Phelan Hallinan, LLP n„ f Jonathan Lobb, Esq., Id. No.3121 74` 1617 JFK Boulevard, Suite 1400 :If, One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County GEORGE C. BRYSON No.: 14 -2178 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 10, 2014. 2. Judgment was entered on November 12, 2014 in the amount of $248,747.45. 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 March 4, 2015. 944783 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 December 11, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $241,200.66 $6,961.82 $36.30 $2,850.00 $954.20 $30.00 $12,634.14 TOTAL $264,667.12 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 24, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for Motion for Special Servicer dated June 26, 2014 . 944783 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /2/8/(7 By: Phelan Hallinan, LLP 4i, J �r han Lobb, Esquire • TORNEY FOR PLAINTIFF 3 944783 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. GEORGE C. BRYSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2178 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GEORGE C. BRYSON and Linda M. Bryson executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 445 CREEK ROAD, CARLISLE, PA 17013-9645. 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. 944783 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. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 944783 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 944783 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. 944783 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 foreclo ure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 944783 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 944783 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. 944783 7 Since the terms of the mortgage provide that such expenses by the mortgage company become 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 iri 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: i1 Ag,/7 By: Phelan Hallinan, LLP /./_, Jy"than Lobb, Esquire ttorney for Plaintiff 8 944783 Exhibit "A" PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Peng, Center Plaza Philadelphia, PA 19103 .Adam.Davis@PhelanHaIlinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. GEORGE C. BRYSON FILED-fji-r 10E CIE THE r1?c0%7!ONO TArt't 2 1.1Otd tylr:ne,y2for Plaintiff RL AND COUNTY Pe 1-13 IL VA t1IAi CUMBERLAND COUNTY COURT OF COMMON PLEAS. CIVIL DIVISION No. 14.2178 -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 GEORGE C. BRYSON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $248,747.45 $248,747.45 I hereby certify that (1) the Defendant's last known address is 445 CREEK ROAD, CARLISLE, PA 17013-9645, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date . /1��(/r, Adam H. Davis, Esq., Id. No.203034 Attorney P1aifItif 0-7.‘ 7 \i e. DAMAGES AREHEREBY ASSESSED AS INDICATED. tea.. • - ..'. DATE: It J 12 I ii PH 8 944783 PROTHONOTARY a sllo.o 944783 C1Lt t41''11 VeN X3285 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 24, 2014 GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 RE: WELLS FARGO BANK, N.A. v. GEORGE C. BRYSON Premises Address: 445 CREEK ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 14 -2178 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/29/2014. Should you have further questions or concerns, please do not hesitate to contact me., Otherwise, please be guided accordingly. Very truly yours, JAlan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 944783 Name and Address Of Sender Line 2 Article Number Total Number of Pieces Listed by Sender Form 3877 Facsimile Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CMS Name of Addressee, Street, and Post Office Address GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 RE: GEORGE C. BRYSON (CUMBERLAND) PH # 944783/1200 Total Number ofPieces Received at Post Office Postmaster, Per (Name of Receiving Employee) ik �r 7 tgb 80.48 Page 1 of 1 The full declaration of value is required on ail ., for the reconstruction of nonnegotiable document piece subject to a limit of 5500,000 per occurrened The maximum indemnity payable is 525,000 for re R900 5913 and 5921 for limitations of coverage 80.96 temational registered mail. Th Express Mail document reconstruct The maximum indemnity payable on Ex istexert mail, sent with optional insurance 9447 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. GEORGE C. BRYSON 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. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 DATE: By: Jonatl�CLobb, Esquire ATTORNEY FOR PLAINTIFF CUMBERLAND County No.: 14 -2178 -CIVIL Phelan Hallinan, LLP 944783 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. GEORGE C. BRYSON Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2178 -CIVIL AND NOW, this /S-, day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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. CD 944783 Jonathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX:)215) 563-3459 GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 Cops es /YLm. t:z(_ iz�ls�iy 944783 944783 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400:: One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. GEORGE C. BRYSON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 15, 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. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 DATE: /).../7-34 By: CUMBERLAND County No.: 14 -2178 -CIVIL Phelan Hallinan, LLP Alil Jonath. 7obb, Esq., Id. No.312174 Atto y for Plaintiff 944783 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. 1617 JFK Boulevard, Suite One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 fat � ` Jt i s '1 Q: 2.14 No.20,03.92j[tl, --8 , ATTORNEY FOR PLAINTIFF 1400 t' `� r., COU1.,11- C� r t �t Y WELLS FARGO BANK, N.A. Plaintiff vs. GEORGE C. BRYSON Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2178 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 9, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December 15, 2014 directing the Defendant to show cause by January 5, 2015 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 December 23, 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 January 5, 2015. 944783 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: r I -V/3 By: Phelan Hallinan, LLP Justin F/ obes ;, Esq., Id. No.200392 Atto for PI ntiff 3 944783 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. GEORGE C. BRYSON Defendant fo AND NOW, this Arik. day ot 014 a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Dpmages. If no response is filed with the Court, Plaintiff may file a Motion to Make RUle Absolute and no hearing will be scheduled on this matter. BY THE COURT s. RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2178 -CIVIL ,;• 944783 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, NA. Plaintiff vs. GEORGE C. BRYSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2178 -CIVIL CERTIFICATION OF SERVICE Anti ilr I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion-th Reas§esS Damages ihouid Juni not be granted was served upon the following individual On the date indicated'below°. /I 0 I C a4 COP "f0p, GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 By: Phelan Halhnan. LLP Joriat Att s ey for Plaintiff bb, Esq., Id. No.3 12174 47' 944783 4 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. GEORGE C. BRYSON 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. GEORGE C. BRYSON 445 CREEK ROAD CARLISLE, PA 17013-9645 DATE: I 1-7 1 I CUMBERLAND County No.: 14 -2178 -CIVIL Phelan H., ' , LLP By: /461111e Justin F. /obeski, Esq. Id. No.200392 Attor : for Plaintiff 944783 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff vs. GEORGE C. BRYSON Defendant ORDER AND NOW, this /2.' day of 94...7 Civil Division CUMBERLAND County rnt No.: 14 -2178 -CIV IIS :�' Cf3� -<> CJ C) , 2015, upon consideration of Plain€if's 4-1 W 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 December 11, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit TOTAL Plus interest at six percent per annum. $241,200.66 $6,961.82 $36.30 $2,850.00 $954.20 $30.00 $12,634.14 $264,667.12 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Co ,'ESS 1£4t 194- -J - kcls ki 2 dials ox.) i//3 /s �fi7 944783