Loading...
HomeMy WebLinkAbout14-2351 Supreme Court of Pennsylvania Court.of Common Pleas , ti.. �. For Prothonotary Use Only: Civil.Covef, "eet CUMBERLiN A County Docket No: i J The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace thefiling and service of leadin s or other papers as required by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK, NA Lead Defendant's Name: RACHEL L. PETROVICH T I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel 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 O MASS TORT ❑ Other: ❑ 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 A 111 Y LVANIA 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, NA 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 ` lU l Plaintiff, NO.: J vs. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025 -2659 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: S j� 062 -PA -V4 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants are, RACHEL L. PETROVICH and MICHAEL L. PETROVICH. A /K/A M. L. PETROVICH, with a last known address of 199 TORY CIRCLE, ENOLA, PA 17025 -2659. 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, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA 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 August 26, 2009, RACHEL L. PETROVICH and M. L. PETROVICH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ACCESS NATIONAL MORTGAGE CORPORATION a Mortgage in the original principal amount of $174,824.00 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 September 1, 2009, in Instrument No. 200930627. 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. By Assignment of Mortgage recorded November 14, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201336776. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 062 -PA -V4 7. RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due December 1, 2013. 9. As of 04/10/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $162,933.37 Interest From 11/01/2013 to 04/10/2014 $3,505.46 Late Charges $295.38 Escrow Advance $0.00 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance ($778.64) Corporate Advance Credit $0.00 Total $165,955.57 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. 10. 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). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is -not seeking a judgment of personal liability against the Defendant(s), but reserves its right to 062 -PA -V4 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 $165,955.57, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: ( ( Jonat n Lo , Esq., Id. No.312174 l Attorney for Plaintiff 062 -PA -V4 y 1- y. 1 t .. •tCt f ' Exhibit " A " 1 NOTE NOTICE: TATS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. MERS TELEPHONE (888) 177 ' August 26; 2005► Enels PENNSYLVANIA ID-1 1a.1 199 Tory Cir, Ensla,PENNSYLVANIA 17023 INvpah 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promist to pay U.S. $174.824.W (Ibis amuanl is called - Ptiwipa fC plus interest, to the order of the Lender. The Lender is ACCESS NATIONAL MORTGA GE CORPORATION. I will mdko all payments uder this trio* in the form of task, ctrck or money order. I understand cruet the Lender may tranata this Note. TU Lander or anyone %%{r takes this Note by transfer and who is entitled to receive payments wrier this Ntxe is caned the 'NMe HrWcr: L INTEREST Interest will be charged tm unpaid principal until the full amount of Principal has been paid. i tail pay interest at a .year}, rate of 4.873%.. 1'he intereal raft required this Section 2 is the rote I will 6(13) or � bl• pay both. before and alter am default described is Section ( this Nate. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every momIL I will make my monthly payment on the FIRST day of each month beginning: on October 1, 2009. 1 will make t6txc mrnts c% month until I have d ail of the !� ImF 'Rl• Pd principal and interest and any other charger described below that 1 may Dent under , •�}j �.+ , this Note. F.ech motuhiy payment will be applied as of its sebeduied due date and will be appliesd Vi interest before Pri v4W. If. or September 1, 2039,1 bull o%ve amounts under this Note,1 will pal• Most Ammmts in full on that date, which is called the - •Maturitl Date. i will make my monthly payments at 1900 ROBERT FULTON DRIVE, SUITE 330, RMON, VIRGINIA 20191 .x at a different plow if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment will be in the amou of 11.5, 5923.18. 4. BORROWER'S RIGHT TO PREPAY "fhe Borrouvr shall have the right io prepay at arty time, wilt vA Incmium M fee, the tri irc indebtedness or any part thereof 1 not leis than the: amount of one installment, or $100.00, whichever is Tess. Any Prepaymatl in full of die indebtedness shall be : I' MRSYLVATIAM13) RATtsr- M- 4iegl ef= wil' FsawioI ldFred,GrhrmIW"AlINSt'RUAlpffr Amended rer%'vw& sArfdre Form Moo Ilal Amr,tded &W 9t7(1'A) {0707) p Pays I or3 IniQ, A7. paveatmt a • i credited on the date received, and m interest may be charged thereatler. Any partial prepayment made on other than an installment r; due date need not be mxhlod unfit the next following irwmarnent due dale or 30 days after such Prepayment, tvhidnener is earlier. e S. WAN CHARGES If a law, Which applies to this loan and whhich sets maximum loan charges is finally interpreted so that the interest or other loan charges collected at to be collected in connection with this loan exceed the permitted limits, thsn: (a) any 'such loan charge diall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) am 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 f errs hurler this Note or by making a direct payment to me. If a refuel reduces principal, the reduction will be treated as a partial Prepayment. e BORROWER'S FAILURE TO PAY AS REQUIRED i (A) Late Charge for Overdue Payaleats If the Note Holder has not rtceivod the frill amount of am- monthly payniew by the end of fifteen (1 S) calendar days after the e date it is due, t will pat a Into charge to the Note holder. The amount of the charge will be 4.00% of my overdue pryntent. I with pa .y' " this late charge promptly' but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment oa the date it is due; l will be in default. (C) NolkeofDefault 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 tT a certain date, the Note Hol der any require me to pay immediately the hill amount of Principal which has not be=. paid and'all the interest that I o,tt on that amount. That date must be at least 30 days after the dale on which the m4ice is mailed tome or delivered by other means. (D) No Waiver By Noce Holder Even if, at a time u11en I ace 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 times t: (E) Paytnnt of Note Holder's Coss and Expenses t t! C If the Note Holder has required me to pay immt diately in full as demribed oboe, the Note Holder will have the right lobe paid back by me for all of its costs and expenses in enforcing this Note to the extem tint prohibited by applicable law. Thrue,expo nse; include, for example, reasonable attorney:' fees. 7. GIVINGOFNOTICES Unless applicable law requires a dir1orcnt mcthod, any notice that must be given tome umber this Note tvM be given b delivering it or by mailing it by fist class mail to meat the property Address abov a or at a dif rent address if t;live the Natc Holder a notice of my different address. Any m+tice that must be given w the Note Holder under this Now will be given by delivering it or by :bailing it by ford clans t moil to the Note Holder at the address stated in Section 3(A) above or 3(A) at dilTcrcnt address if t am given a notice of that dit]'ercoi address. - R OBLIGATIONS OF PERSONS UNDER THIS T40TE a.� if more than one person signs this Niece, each person is fully and personally obligated to keep all of the promises made in this Nate, including the promise to pay the IWI amount owed. Any person .who is a guarantor, minty: of endorser of this Note is also oblignted p, do dwse things. Any person wfio takes over those oNigatirnu, incudin g the obligations or a guarantor, .surety or erdorscr. Of this Note, is also obligated to keep all of the prmnises made in this Noun. The Note Holder may enfo rce its rights under this Node against each person individually or against all of us together. Ibis means that any one of us may be required to pay all of the amounts titved urdeT this Notc. 9. WAIVERS I end tiny other person who has obligations under this Note waivc the rights of Presentment and Notice of Dishowr. - Prescntmau" means the rust w require the Note Holster to demand pin of amounts due. "Notice of Dishonor means the right r ' to require the Note Holder to gee notice to other persons that amounts due have not been paid. PF NSYLVANIAMkURATErOTh SiaakF]mih FacileMarcfiteddieAloeM, JFORAIHICTRIfA1 & \T Atacded for Yelt�s Atrtitrs F"a32W IAI Ammiled &W SC(I'A)ca�07y , ra ems: A i I0. ALLONGE TO THIS NOTE If an allcntge pw%iding for payment adjustments or for any other supplemental information is ,o;ccuted by the B rrowtr together mina this Note, the covenants of the allouge shill be inwtporuted into and shall amend and svppkment the cov iuiat,4 of this Noe as if the allorigt awe a part of this Noft iCheck applicable bnx) f J Oraduated Payment Allouge Ixl Odax f X4'1 f l C>I21cr I4Pcciri'1 VA Assumption Policy Allonge Amending Note 11. UNIFORM SECURED NOTE This Note is a uniform instnunent with limited variations in some jurisdiaiow. In addition to the pmtxtrrms given to the Note Holder utderthis Nate, a Mortgage, Deed of Trust, or Security Deed (the "Security Insfnanenf), dated the same date as this Note. protects the Note Holder from possible losses t►ltich aught result if I do oot beep the promises which i make in this Note. That Security Instrumcmt desanbcs.how and udder what condaums I may be required to make immediehs payment in full of an mu mots I oat under this Note. &xme of those conditions are described as follows: Regulatiores (38 C.F.R. Part 36) issued under [lit Department of Vel Abaias ( - VA - ) Guaranteed Loan Authority (39 U.S.C, Chapter 3 and in effect an the date of coats closing shall govern the rights, duties and liabilities of the parties to'this loan and aq provisinms of this Note which are inconsWent with such regulations are bereby amended and supplemented to cotfenm th=W. :!t This is a contract under seal and ntay be enfomed under 42 PA. C.S. Section 5529(b). W1TNN:SS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Mithod L Petrovich - 13orro - cF Rachel L Petrovich - 13orrnicex Social :Sxurin No.' Social Security No. ��:. IssaOrif —lonhJ .4rr 0. Pa M the order e,F. Weds Fargo Bank, N.A. W1thoutR ae W17HOUTAECOURSE /1CCESS' ASI(31JAL TG/1GECCxtPURATfON PAY TO THE ORDER OF WEDS FARGO DANK. NA. Name amt Title:. Scam M. Swanson 1— W .�■ � Mn — Assistant Vice President Sr. Vice President PFNKnLYAN JAYWWRA �E7C07E Sv�kFamitr• CarieAldFrailisAihjlNjv0RT1INWRIMIDIT Amended br Vdv ,Uftbf . • l #• ; L:, Fora S2a111At) .•! 't A■.Ad.a 6000 SWA) M797) P40,3 of3 I 9.NL'i'?IR �UOkTA #f1 �3�1H0 3H ?:.r1f Y!1!i f r }f1.! ri.?f , „ k i; �F�• . l +r r V.A. ASSUMPTION POLICY ALLONGE AMENDING NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS . AFFAIRS OR ITS AUTHORIZED AGENT. THIS ASSUMPTION POLICY ALLONGE AMENDING NOTE is made this 26th day of Augask 2000, and 's intxtporated into and "I be deemed to emend and supplement the Note ( NrMe'7 of the same date herewith„ given by the undersigned { ' Hotrowri ) to evil atce Borrower's indebtedness to ACCESS NATIONAL MORTGAGE CORPORATION .(••Ladd), which indebtedness is secured by a MortVM Decd of Trust or Security Dced ( "Security tnstrumenf) of the some date ard covering the property described in the Sectrity Instrument and located at: n, 199 Tory Cir, Enola, PENNSYLVANIA 17823, ;:r (Rvgc t - Address) Notwithstanding amYhing to the carrtrw) yet foM in the Note. Leader and Borrmwr hasbti aclmnwkdges and agrees to the following: ,q GUARANTY: Should the Department of Veterans Atlairs fail or refuse to issue its Euannty in full amount within (io. days from the due that this loan -would wrinally become eligible for such guaranty cam ined upon by the Department Of Veterans ,affairs wider the provisions of Title: 39 of the U.S. Code - Veterans )3emfiti , the Mortgagee may declare to indebtedness bereb► secured at once due aryl payable and may foreclose immediately or may extrcise'any other rights hereunder or take any other proper actions as by law provided. t :' TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of lire property securing such I m Ia gay transfer, uniea die acatplability of due assumption Of he lam is established pursuant to section, 3714 of Chapter 37, Title 38, United States Code. An authorized transfer {- assumption ) of the property sball also be subject to additional covaanls and agrecmg Cxti %v. pa as set h bclo (a) ASSUMPTION FUNDING FEE: A fee equal to one half of one percent (.5 %) percent of the balance of this loan as of the dale oftremrfer of the property shall be payable at the time of transfer to the loan holder twits suthotized agent, as trustee for the Department of Veterans Atfaim It the assumer fails to pay This fee at Use time of translbr. the fee shaU constittac an additional debt to that ah-eady secured by this instrument, shall brat in at the rate herein _ pox itlai, aid, at the option of the payee of the indebtedness hereby seesrrod or am• transferee thereof, shall be immcdiatc %- due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U -S.C. 3729(tl (b) ASSUMPTION FROCESSRIG CHARGE: Upon upplicatis n for approval to allow assumption of this loan, a processing fee may be charged by the loan holder of its audwwiued agent for determining the aeditworthinm of the: asywncs and subsequently revising the holder's ownership records vAwn an approved transfer is completed. The amount of this chase shall not exceed the maximum established by the Department of Vetetmrs Attairs ror a lout to which section 3715 of Chapter 37, Title 36, United Slate Code applies. Page i ors tutautend i a • - a . f6: e; r, !C (c) ASSUMPTION INDE MPf1TY : ,taett.rrv• rbligation is asaunitii, then ttri asstunertteaeby itriees to as>upta all of the obligations of the veteran under the tame Of the im menus aeati% atrf wMing� for k+am: The aastuner Ilinhrr ) Depsamem of Veterans AtYaim to the exmnt:of any claun f , agreed M indemiiit• -the paptoent arising ; firini the guaranty dr as uance Of the indebtedness created bl this insfimnent. IN WrIWESS WHEREOF. MiwiQagm(s) lien c=uted thin AssumPU- POhta' Alkmgc M=xlim.Nvw- � • � • %%GPI ` : l,� .. oC . A1D:4 ...... Miaad L Pc tovkb •Bonor'v ifadtd L Pa imca Belre�ver c. I*e 2 of 2 "i r Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the township of east Pennsboro, county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows, to wit: .. BEGINNING at a point on the western legal right -of -way line of Greenmont drive at the northeast corner of lot no. 139 on the hereinafter described preliminary /final subdivision plan; thence along the northern line of said lot no. 139, south 81 degrees 35 minutes 00 seconds west, a distance of 112.00 feet to a point on the eastern line of lot no. 146 on the hereinafter described preliminary /final subdivision plan; thence along the eastern line of said lot no. 146, north 08 degrees 25 minutes 00 seconds west a distance of 70.00 feet to a point on the southern legal right -of -way line of Tory circle; thence along the southern legal right -of -way line of Tory circle, north 81 degrees 35 minutes 00 seconds east, a distance of 100.00 feet to a point; thence along the southwestern legal right -of -way line of intersection of Tory circle and Greenmont drive, by a curve to the right, having a radius of 12.00 feet, an arc length of 18.85 feet to a point on the western legal right -of -way line of Greenmont drive; thence along the western legal right -of -way " line of Greenmont drive, south 08 degrees 25 minutes 00 seconds east, a distance of 58.00 feet to a point at the northeast corner of lot no. 139 on the hereinafter described preliminary /final subdivision plan, the point and place of beginning. CONTAINING 7,727.00 square feet, more or less. BEING lot no. 138, section 2 on the preliminary /final subdivision plan of laurel hills north lot no. 5 and lot no. 7, dated December 13, 1995, recorded in the office of the recorder of deeds of rZ Cumberland county, Pennsylvania in plan book 71, page 117. File #: 945334 ;2 SOURCE of title: book 265, page 2846 (recorded 10/04/2004) APN: 09 -15- 1288 -265 PROPERTY ADDRESS: 199 TORY CIRCLE, ENOLA, PA 17025 -2659 PARCEL #09 -15- 1288 -265 ti. File #: 945334 VERIFICATION Carol Adams, hereby states that he/& is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that hei6is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/l oeinformation 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: "Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 04/11/2014 086 -PA -V2 File# 945334 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 #: 945334 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, NA OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. ° -=} - PETROVICH 2 Lvil Defendant(s) ✓> 7,U :;u NOTICE OF RESIDENTIAL MORTGAGE FORECL E L __ DIVERSION PROGRAM t You have been served with a foreclosure complaint that could cause you to lose your home. C If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 7 Date 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: CUSTOMER/PRIMARY 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? / :1 "1 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: I • 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 Mortga e Food 2 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEM assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. FWe understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff war 4 FROTH Pat I -k t: Jody S Smith 20h APR 30 PM 3; p 1 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitors PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2014-2351 Rachel L Petrovich (et al.) SHERIFF'S RETURN OF SERVICE 04/25/2014 08:24 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rachel L Petrovich at 199 Tory Circle, East Pennsboro, Enola, PA 17025. V) 0,.Lunn 1 DAWN KELL, DEPUTY 04/25/2014 08:24 PM -Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Rachel Petrovich,wife,who accepted as"Adult Person in Charge"for Michael L Petrovich at 199 Tory Circle, East Pennsboro, Enola, PA 17025. 0�m . � DAWN KELL, DEPUTY SHERIFF COST: $60.95 SO ANSWERS, April 28, 2014 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Taleoscft.Inc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M.L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division o?3Si No. 14 --CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, NA (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 21, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due December 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 945334 2. On April 25, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that 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 Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 945334 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: (7) 21 lit BY: 945334 Respectfully submitted, PHELAN HALLINAN, LLP Schalk, squire for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id, No.312174 1617 JFK Boulevard, Suite 1400 Otte Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000, v4 0440 otAsarowerr .„-qmsytvAtim. ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff; NO.: VS, RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: Arl urinc ru.t. l;OPY Pt Ptc,-: 062 -PA -V4 S E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Court of Common Pleas Civil Oiver Sheet iliVIBERLAND County gi to, :j• For Prothonotary Use Only: Docket No: The information collected on this Arm is used solely for court administration purposes, This form does not ,ilement or iv )itlee the fihln.gr and service ofpkcifn S. or other .1a wrs as re( irk d by law or rules lento Commencement of Action: al Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's NameWELLS FARGO BANK, NA Lead Defendant's Name: RACHEL L. PETROVIC 1 Are money damages requested? 0 Yes 0 No Dollar Amount Requested: 0 within arbitration limits (Check one) 0 outside arbitration limits Is this a Class Action Suit? 0 Yes El No Is this all MDJ Appeal? 0 Yes 0 Na Name of Plaintiff/Appellant's Attorney; Jonathan Lobb, Esq.. Id. No.312174, Phelan Hallinan, LLP 0 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 0 E case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that pit consider most important. TORT (do not include Mass Tort) C Intentional 0 Malicious Prosecution o Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation 0 Other: SS TORT 0 Asbestos 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL 0 Dental 0 Legal 0 Medical 0 Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: tEAL PROPERTY O Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute LEI 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 r Dept. of Transportation 0 Statutory Appeal: Other 0 Zoning Board 0 Other: IISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin Other: Pa.R.CP. 205.5 Updated 0 WELIS FARGO BANK, NA Plaintiff(s) vs. RACHEL L. PETROVICH MICHAEL L. PETROVICH A!KJA M. L. PETROVICH FORM 1 IN THE COURT OF COMMON PLEAS OF CUlvIBERLAND COUNTY, PENNSYLVANIA Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First_ within twenty (20) days of your receipt of this notice, you must. contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request, appoint ent of a legal representative.at rib Charge to you. Once you have been appointed a legal representative, you must promptly meet with that )ekal representative, w thin twenty (20) days of the appointment date. During that meeting, you mast provide the legal representative with all requested financial information so that a loan resolution proposal can tie prepared on gour'behalf If you and.your'legal representative complete a financial worksheet in the format attached hereto, the legal represeritati e will prepare and:a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint If you do so and a conciliation conference is scheduled, you will 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 taker the following, steps to►•be eligible for a conciliation conference. It is not necessary for you to contrast MtdPettwLegal Service for Uie'appointment of a legal representative. However, you must provide your lawyer lith ail tei;ncsttd..financial infbtmztiom sq that a loan resolution proposal can be prepared on your behalf. If you and your lawyer cosmpltte:a.financialworksheet in the fo-mat attached'. hereto,your lawyer will prepare:and file a Request for Conclhation,Confert nce with the;Court, which must be filed within.s ty (60): da,.of toe service upon you of the foreelosure complaint. If you do so and a conciliation conference is scbeduICd, you Will have an.opportunity to meet "with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY fillS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: } FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket 11 BORROWER REQUEST FOR IiARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s); Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (ifdiffereng: City: Phone Numbers: Email: # of people in household;. Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: ¥ State: Zip: Listing date: Price: $ Realtor Phone:, Home: Cell: State: _Zip: Office: Other: How long? Home: Office Cell: Other: State: Zip: flow long? Second Mortgage f...eridet:: Type of Loan: Loan Number: Date You Closed Your Loan: l'otal Mortgage Payments Amount: Included Taxes & Insurance: Date of Last Payment: Primaiy,Reason for Default: is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Attaputal, OwYC d. Home: Other Real Estate: $ - Retirement Funds: $_ Investments: $ Checking: $ . Savings: $ Other: $ Valuer. Automobile #1: Model Year: Amount owed: .... . Value: Automobile #2:14odcl. Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Value Year: Amount owed: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly GrossMonthly 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 Mortgagey Food 2a Mortgage . .. ... Utilities Car Payments Condo/Neigh. Fees _ Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. ,payment . . Install. Loan Payment Cable TV Spending Money . Other Expenses Child Support/Alim, " Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Havc you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agener_ Phone (Office): Fax: Email: Counselor: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes E] No D If yes, please indicate the status of the applicant= Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? YesEJ 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). Phone:_. Phone: ,..,, authorize the above named to use/referthrs information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that 1/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: I Proof of income 2 Past bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation ,(hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A,LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 110i: 94543 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, NA 3476 STATE VIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. RACHEL L. PETROVICH MICHAEL L, PETROVICH A/K/A M. L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Defendants, CIVIL DIVISION NO.: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 06Z -PA -V4 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff). 2. The Defendants are, RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH, with a last known address of 199 TORY CIRCLE, ENOLA, PA 17025-2659. 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, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA 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 August 26, 2009, RACHEL L. PETROVICH and M. L. PETROVICH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ACCESS NATIONAL MORTGAGE CORPORATION a. Mortgage in the original principal amount of $174,824.00 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 September 1, 2009, in Instrument No. 200930627. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. I019(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. By Assignment of' Mortgage recorded November 14, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assigninent is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201336776. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 062 -PA -V4 7. RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH are record and real owners of the aforesaid mortgaged premises, 8, Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due December 1, 2013, 9, As of 04/10/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $162,933.37 Interest From 11/01/2013 to 04/10/2014 $3,505.46 Late Charges $295.38 Escrow Advance $0.00 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance ($778.64) Corporate Advance Credit $0.00 Total $165,955.57 • plus interest, and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above -captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. 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). l,. This is an in rein 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 062 -PA -V4 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 $165,955.57, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: kf 1 (-7 l at( 062 -PA -V4 By: J'tttAt Id.. No:312174 Attorney for Plaintiff Exhibit "A" NOTE NOTICE; THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. Augoil 24 3009 Pilaf Eery Icri 199 Tory Cir, Male, PENNSYLVANIA 17023 priviry meal MERm TELEPt3OT+iR.' l )tG1Gti !`lv .777 Mint ragm1l ► Etl):P.N Y that) hot+o stvtivc4, I yruraise la ply PA, x474 4.#8(llifi aninnintia tolled-P.rincip►hl'). Plui interest. i? slit r'Iilct ol'tha Lender: Ihe;l.ertdcr.is ACCESS NATU()N,AL MORTCA GE RPUMAY ON: ,t wiU nista all pa)•monts wider dui4orc in tixr fottlt f off; cheek:.of money ruder: Lender may tran,ro this b:aia.. lw Lander or anyone who takot Ut, 7Jat..bY trnoa sr rind wb i t'rtliiied w fcctirr pey,01 its undCt this Nuts is ca Ors} tho "Note liiildeti 3 1NTP.lRL$f Interest Will br,drnrgod to uppaid principal untrl fisc (rdl tanoumt ri(Psirrcijuti baa ba»;palsl, i will pay ttllcrtit In t ysasr» solo of 4973* The Miami nle required by this Section 2 is tho;mte I will pay both bo(ore and ager run' tlifpu i uvttwibod rn ¶scion «i» or thea Nate. 3, PAYMEPIT8 (A) Muir rind Mei utP l Rt ll fiat pnttc pIt and lntueseby. I will make MY IMMI1 h•poilfl nt r� pai tieoti t vr) iaputh total Van) paid all of dna htnie C:whtorolhly pus'msnt wilt lw nppl :Saplsnilirr, 3o,,iY, 1:still owenriioixitc under lark MO -nth: oath month lteg n9 on Oelubar I, 2009. 1 will max thew •cat oral riny t Urcra)uarya dperibed Whoa, that 1 may inn under 'dim data>;sid.willtm applied to interest beroru Prioalpal. It, an thostr amorous in Adr On huff flab., whklt is iwih4 the •'MsswYq' I will Mirka my, montl)F i u etna at 7800 ROBERT FULTON DRIVE, SUITE 350; REI'rON,: VTRGINIA 30191 or at e diiferentpplrcc ilrequiicd aI Uw Nttt> liulner, (B) Amount,tit .Mnatbly'Priy?nraii My mresthly pssyawiil:MIthe in the annuett of IT.S. S9I1 18. a. dORR V W ►,R' B' iLIt31iT 1'O PREPAY l7re Borrower shall Nara _ tbatight ,io prom at ors, time, without minim; rv:tt4 Ut. vdtirc Indby4sncr; o wi put thercoC nun hxot than Urn eni unt nista inataiimant, or sI00.00, whichever is loss. Au)' Nepu)`nlc t iit tldn:ol 1st Ifsibbletintis dill be raflUUYLVAr11A tsar win nQTE-,1iy1.1 a Fi.u4 a1.JPr.�tl. 76I.a Ian!POPOI INSTIPCJAIMMT An.rd.d for VdwaarMris Nowa oma IAIt AAnd.a fAa 5G(1941015?) payaamnl Pip I of! en:din:Woo the date mrsave4 end noliderm1 may be elvulcdtherealler. Any partial Prepayment mud; on other duo ea iridallratan due data need not be credited midi the nett iratnthaentdue date or 30 days after such Nepaymbid, ntielierver is earlier. S.: WAN CNA nags iiboy, whitl oppootro itt4:foon and .W14'011 WS miteltonteloottiliames, is:ratalh. intripterol es that the isnermd nr mho hMillharpciterilltelori arm be nollersed•in'contreetien.uith•thik loan aCeial ilidperinined limitt,:1110M (4).aey nib Mnidense shall be orihtettl by11» Wanted nenesSary In ruiucra the chew to the pomaded, hoirq and (b) any wens altraith nolltetetillord On Which amended peraillteil flrnjL Wiil bt teht(itied 10 u Tbel4v0 114.1er negy thous(' to mike this rcIund Ordneing Uvi Prinei)M1:1 thin under this -Nolo tit by b> piuking U dircet payment In rn if mfund reduces Piincipal, the reiltedion will be yeatni iks'e • Preprymeot. 801t1401.V... LJOVS,IFAIW,itt 770..P.4)/AgLI;liQUIRED . . (A) 1,Aprainte-5orOverduc brunt* IPt4aNtria.HObler•hashul realised Ihn.:fhltituenthlt or arty monthly payment by the end of raticpv s)cakuider days aiiwilw dale it is due. I:W.01*y a kir dors to the Note Holdtr. The:Smonot of the charge will he 4..00% of My .oventue psyment. 1 Wiliest' this late ChrtilleprOinplly.hinonly.Orteroo each tete Mln0nt. lf I do notpcy the:Ail amount each mim1ti payment on the date it is due, I will be inderatilt (q Seller of Ochiel1 r oun Ift *roulklbe, .'..b,44.elliilehet may acid me a wrinen notice waits me ttiat if da not pay the overdue +mown by a certain dile, tho. jdotellotder Pay qUire .ale U, pay immediate!). the full mount of Principal which has, not been.lpaid andfill the internal thaff.ontionthet iseteria, *.r.hat'datendeit he al least 30 days MUT the date en which the notice is maikd In not or dedimerthy &Airs means. (p) . *io Wafrr lily NttcThiIdei Even it an time ithile I Ui ii ilefithlkiht Ikkte 110(1040e not requina me In pay iramodimely in hilfIa:doorribed above, •thotC flItlderv6ll ay0140 riqh1011p...trifl ehi 10:deratilit a feta tirac Pa$*iit Of (Vele fielder', :Cott* aid Espsaies: . . IS Lno,:Notoflowii*ioluitoi mc to iolmoikkoi:jo:loll rairlemitibed.abova;the-Nola Holder will lirre_t110 14*'179 paidtraink. Wein torrid in' 40,eibran ectIOnSaflItenfOringittit'Veit so -the extent not prohibited Is). applicable Isty. Theo, expeteera ionsol,00.iatOrtleSit' rers 7. GIVINC.011 NOTICES Unless applicable taw requires n tflflvrntatelhod,•tuty notice that roust he given to me under TAU. Idrite will be gi4on.by dr.theering it or by mailing it by Tir41 class mail to me at the Properly Address ribmar or it u diliarent ati.dreierirl give tho Note Holikr redden nirry dilThtldt. Arrynotiec..that nwathe given In the Neto Helder:tablet Ns. Nam WOJ be Oval bydaln'erin it or by messing I 0y tiro elant mail to the Nein Holder et the istidonar.atited in Stacker 3(4) above or et I different address ill um given on notices et' that• &Arent address. a.041104111ON$'.01 FEREQN$ UNDgit TIIIS NOTE ir olOto buyrOitio.p6rsOti 4E46 11iiel4i4e4:each person laically uI.l persOrtaIN„rtlilkatiel In )09001411* tiOietisea dilate it+ Or Pnirifine In Os$:thitf-nir nOtintntlYWad. Any :perdliW who a 4:10,0104,;, atietyly 014446 of this Note i$ oto AktrItiptWO 010 these lbuiys.AtCaciioto who laker OVer.thtte Oikerlititnni wchiiliitji the fii-codoicr 11,ia/404e, 0'413P:$,011Wiwit lii keep allr iruhajlektilrws ttintle lii th`o Nato, '1ht4lote patotte ILi .eIhts-taiitartidaqii40 AlliirOve4c1),PerPo 0041101Vq egsiiul tali 4Strigether, 'Mrs mums that any one of or tatty be required to pay all or the amounts peed under this Note. S. WA MEM I and any other person why Incobligatirms under this Nine waive the rights or Presentment and Notice of Dishonor. -Preizaelitnrir 04A4 LW right to telOre ibb biota tlyldie n tletataid.p10-reent of ilitiQUALS duo. -Notice or Dishonor meam the nhI In require me Nene Holder 63 site Nike to.ather peratiekthattunautigilito.lvoie not been peid, exmonvAKIA vixiw RAVI 1.701T-6 ing Familrf Sul* FleriFreddt, Alm 1161FORII I 115'STRIfali174T mug AMA% Firm 3,17411 oenieerieli 5P(rn) SSD Par 2 el'.1 teiidc 4: IIA AI..IANGE TO THIS NOTE #f old iii4si{o 0v0Ii't4 h*- pey aloe u aslm mo at riasoto, c tt r zuppimom o hihrold Is .exrcuutod bIt the Bmvwer taginher with'ilia heirs the weenie* aF theetiostaidtelt be inntilpDnde %ia oof OS 'edited andeepplanent the covenantsof the taut..a it tfiactG k'u a Oak rtthirtta : II',Itk ayxftrshta trit) I I Graduated Psymern Agonise WI Utter [Specify' f J Other'sp«iti-I VA Assumption Policy /Wilms' Amending Note I i. UWIPORl1 SECURZDNOTE OtiCtIoio ie:stAtxi4tIm:iriult: sdh.ni u ttetinns: In addltiirn.lo the pmfaboni gimp to the nndet thitellefe, trtertgagx:13ctsit+rTruoti Secult,} Drell (ihc otokr itj: fiWrunrmtl dsird the seine due es•this s Ue iJr% F3oldor CCdeu p.�siribk tt?earat ttFP6RIt atiglU irlextJl tri tld'ttr+1 it cp FFP+ proteins *tech t mike in this Noe. Toss rte.4i,di grsb03iat `xt>itttl 'xvtu►I064)14itisropily be sequined m'niuke iauuediete pihmbid id•IriU Of ell iniowals I e'tette:, :''sutra ifOist sionitiliei siMderert ec ss'lollows: Regulations (3g C.P.A. Part 36i issued under the Doperes t or 'Vets:sums Attires ("VA") Ouarenlced lawn Aueevily (3B U.S4 Chipter 3T) and in•effn t nn the date of ksun closing shall gswem the rights, duties end liabilities:or the polies to this loin chid any provisions Of this Note which est ier.resdistern with such regulations ita beset/ amended tUid suppkrdcnted Id confirm thereto. This'ts e.pgstuect sunder steel sad may be enforced mkt 42 PA, C.S. Section SS29(b). wrl`NI:SS THE HA tibia 'ANU,tEAI.(R) 0J? THE t!N'DERSIGNED. hficls�ut lLl'+'!t&t!tish & *liil So iitylgitir -13ornever Recital 4 3'ctneicsti Social Smutty hili ra,,I� Ise nodal r:We1IS• Fargo Bartle, N.A. Er Mtn Original On.t J VATHOUT RECOURSE `PAY TO:THE ORDER Or 1NE=1QO NK. N.A. 8011 S. Swenson Assistant Vice P+os.danI PEAKEV1.VANJA I!C RD RATE NOTE -3640v Famik.ri rt. t1NIVORM 1Naraininitt r Arridwl Aa Veierma Allan Peri* Slee 1101 ArdrO 6/10 !GO%) lu7117) Pa,s7N•3 s. mow rvy 3r) raviscesilr.nrq. AV Ft O..If I 0 .41,4 ."1 • )1 iet PIA" V.A. ASSUMPTION POLICY ALLONGEAMENNDING NOTE. NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTtVIENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. TFi16 ASSUMPTION Pow), ALI.ONCE AMENDING NOTE is made this l6*Y day Of Augaat,,ZUf), and:is,ivawperaled ipso and shall be dimmed hi amend and supple :tent the Note (role), ot'.Ihe same dice herewith, gipyti by the undersigned("Donrxcr ) tit evidence Bonowvr's indebtedness le AC.CISS NATIONAL MORTGAGE CORPORATION (-Linder"); which indebtellndas is secured by a tdortgige, Deed of Trustor ficewity Deed (-Security inibument") of the tame dab and a+vming wa prvpetty described in the Seetrih• tnstntmteit and totaled al: 1519 Tery Cir, Enali, PENNSYLVANIA 17025, (Property Addieeis) Notwithstanding anything to the 'Contrary set forth in the Note, Lender said Bean ter hercbp toknOtvledges end agrees to the following; GUARANTY: Shedd the Department of Veterans AlTaim fail er cAee to' iasue:Its,juwanry in:h41,smount withM160.: days from the data that this than would normally become eligible for such guaranty committed upon by the Deportment of Veterans /tenni mike the pmvislone or Title 18 or the U.S. Coda -Veterans 13eneits`, the Markagea may declare the iodebtrdnci, hereby scored at mice due mal payable and meq' fo rm:hoe bimrdiately nr may omerine any other rights hereunder or take any.other pmper:ectio ns as by law provided. TRANSFER OF THE PROPERTY: This ten may be declared ibreediepty but and pelublo upon transfix of the property securing such lam to am transferee, unless the acceptability of the wewngion of the loan is ensbliitted pureusnt to awlion 371A of Cbnpta 37, Title IS, United Stora Code. An -authorized tractor (••eeWmp ton•) or the property shell alas by subjecttn additiownl.aa>,•etsepts aid ngreta tine easel (trUtimio . (e)aSUlyli' QON.3iUNhjINC kik Afro ego e3 to oneAteirproneler,aeroittiperritnterthe bntonee'str this loan ,st.of tier asito of tra2nter of titc.proPegy,ihia be pnn) able itt'ttte time oi"tlirnsicr to the hunt tiotdair nwhi-Nu t niflzhvl'agent, act.trusteel'ortlteD£rreitneifiOrVetersauAtfnsik Ifopeelite rfsltiitrpa}t istrvtftlte'hereaitYnstie,tileteeshall cti i+iltuie an additional debt to that streak seethed bl• this'instnnuiicui, shell boo inteteef at ihe,tatc hcrrin provided. Wad, el the option or the payee of the huh:Madneae hereby secured cit any transferee thereof, Anil be inimedieu:ly dim and payable This the bombastically hilted if the amines is accept under the prewisiwu 438 UJI.C. 3729(v ;(h}' dySlj j i70 )1.10 clIARtiEt Upon application for approval to allow assumption of this Inas, a prOcctefliig fete Ow he Arland b): Oa 10.0 holder or its uuthorlZol agent or dotermieing the crodilwerthiness of the mannnox nerd subsequently revising the hello's ownership records when an appeewed transfer is completed. The amouru of this Charge shall toot extend the =ugh= ell bibthsd by the Depa iment:ur Vetensis Attain fors than to utiribb section 3714 of Cho'pttr 3.7, Title JB, United State Cede applies. usvannend Page I of • , ASDUNIPTIOt/INPEKNITY :IAA/ULM, If this obligetInaiMellS4K,ihOlhe:tseaunix.fiediliy Vete 16 the tams et the ,1oieria0fiactMu M11441411e) Wei; The miwlier lifitor isclentein. thettepeetesert orkrieceluti A Ili& le lettere, it( eel. fiefoisel.iiisiet Jim guaranty at Insurance nfth fldothelcrodid IN WITNESS Mit RFAIF. Mirignotto) Ant emitted this Mitenplien PolicyNkicAlieendhit MI& otiov. 4410.14Lionvub '41ottniti gklb414.41/44:044h 1'4°242 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcelof land situate in the township of east Pennsboro, county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western legal right-of-way line of Greenmont drive at the northeast corner of lot no. 139 on the hereinafter described preliminary/final subdivision plan; thence along the northern line of said lot no. 139, south 81 degrees 35 minutes 00 seconds west, a distance of 112.00 feet to a point on the eastern line of lot no. 146 on the hereinafter described preliminary/final subdivision plan; thence along the eastern line of said lot no, 146, north 08 degrees 25 minutes 00 seconds west a distance of 70.00 feet to a point on the southern legal right-of-way line of Tory circle; thence along the southern legal right-of-way line of Tory circle, north 81 degrees 35 minutes 00 seconds east, a distance of 100.00 feet to a point; thence along the southwestern legal right-of-way line of intersection of Tory circle and Greenmont drive, by a curve to the right, having a radius of 12.00 feet, an arc length of 18.85 feet to a point on the western legal right-of-way line of Greenmont drive; thence along the western legal right-of-way line of Greenmont drive, south 08 degrees 25 minutes 00 seconds east, a distance of 58.00 feet to a point at the northeast corner of lot no, 139 on the hereinafter described preliminary/final subdivision plan, the point and place of beginning. CONTAINING 7,727.00 square feet, more or less. BEING lot no. 138, section 2 on the preliminary/final subdivision plan of laurel hills north lot no. 5 and lot no. 7, dated December 13, 1995, recorded in the office of the recorder of deeds of Cumberland county, Pennsylvania in plan book 71, page 117, File 3t; 94.53'34 SOURCE of title: book 265, page 2846 (recorded 10/04/2004) APN: 09-15-1288-265 PROPERTY ADDRESS: 199 TORY CIRCLE, ENOLA, PA 17025-2659 PARCEL #09-15-1288-265 File 7i; 945334 VERIFICATION Carol Adams., hereby states that h is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that 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. leu 'l` 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: <aiol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 04/11/2014 086 -PA -V2 File# 945334 Ronny R Anderson Sheriff Jody $ Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY GIVE ThE SKERIFF Wells Fargo Bank, NA. vs. Rachel L Petrovich (et al.) Case Number 20142351 SHERIFF'S RETURN OF SERVICE 04/25/2014 08:24 PM - Deputy Dawn Keil, being duly sWom according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by peraonally" handing a true copy to -a parson representing themselves to be the Defendant, to wit: Rachel L Petrovich at 199 Thy Circle, East Pennaboro, Enda, PA 17025. DAWN KELL, DEPUTY 04/25/2014 0824 PM Deputy Dawn Keil, being duly 'sworn according tol. served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by handing a true copy to a person representing themselves to be Rachel Petrovibh, wife, who accepted es 'Adult' Person In Charge" for Michael L Petrovich at 199 Tory Circle, East Pen Enda, PA 17025. DAWN , DEPUTY SHERIFF COST: $80.95 SO ANSWERS, April 28, 2014 RONNS R ANDERSON, SHERIFF -r .; r . CPri-b•e,i )....oz• r )Ac -.1 43S ';!.c ; Si P/--• L V 4' jSir ‘t.rtk • "IntPou sr' ted'r1- ,inq ,'.!It %,att,c1,,L1r., • ; - zy • ;. 1' -...01`1:::,Sn' 0;. pet 1 ;, " , 4 .‘r ' .4 :4 (o)CantAila Shorn Tefoosoft, Iii 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, NA Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 14 -2341 -CIVIL v. Cumberland County RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M.L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Defendants 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: RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M.L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Date: )11-1114 945334 Bv: Schalk, Esquire ey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M.L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 Defendants ORDER AND NOW, this 25— day of q..Ly Court of Common Pleas Civil Division a3s) No. 14 - -CIVIL Cumberland County tri • «a: , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. cc: 945334 Rachel L. Petrovich Michael L. Petrovich A/K/A M.L. Petrovich Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff BY T E COU4 RT: J. ../fl<IELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 CHEL L. PETROVICH MICHAEL L. PETROVICH A/KIA M.L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 945334 Alt ta, PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NA vs. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH AFFIDAVIT OF NON The undersigned attorney hereby Plaintiff in the above -captioned matter, and that of the following facts, to wit: Attorney for Plaintiff • CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION t4 -ami : No. -44=2341 CIVIL -MILITARY SERVICE C cJ >c--) verifies that he/she is the attorney for tires-' on information and belief, he/she has knowledge CD cJa (a) that the defendant(s) RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant RACHEL L. PETROVICH is over 18 years of age and resides at 199 TORY CIRCLE, ENOLA, PA 17025-2659. (c) that defendant MICHAEL L. PETROVICH A/K/A M. L. PETROVICH is over 18 years of age and resides at 199 TORY CIRCLE, ENOLA, PA 17025-2659. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phel 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 945334 Ca -r T Department of Defense Manpower Data Center Status Report Pursuant to Servicemernbers Civil Relief Act Last Name: PETROVICH First Name: RACHEL Middle Name: L Active Duty Status As Of: Sep -10-2014 Results as of : Sep -10-2014 11:47:46 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 ...4.;":,. \•,- • r:io N.. NA This response reflecttiheintfi,.4dUanc1ive id/ status based on the Active' Duly 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 lefiectbio c.tY`Status v.)ithIn 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 \ . IVA '.. \ . No NA , . This response reflects whether the indMdual 61'111s/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Servic rnernb s C il. R lief Act Last Name: PETROVICH First Name: MICHAEL Middle Name: L Active Duty Status As Of: Sep -10-2014 Results as of : Sep -10-2014 11:47:46 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Slams Service Component NA NA �',._ _, --- - Not. NA , This response reflects Cle lridividuals'.active dity status based o�n the Active Duty,Stalus Dale • 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', ,, .r NA This response reflects where the Individual IeR 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 is; histher unit has received early notification to report for active duty -v, 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 a Department of Defense Manpower Data Center Status Report Pursuant to Servicernem'bers Civil Relief Act Last Name: PETROVICH First Name: M. Middle Name: L Active Duty Status As Of: Sep -10-2014 Results as of : Sep -10-2014 11:47:49 AM SCRA 3.0 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA x'f` '. .. _.,.- ._. �c r No. NA This response reflects the individuals' active duty status based on the Active`Duty Status Date The Member or His/Her Unit Was Noted of a Future Call -Up to Active Duty on Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Status Active Duty End Date Status Service Component NA NA - - NA _ `�, '. .-'' ----ND i,. NA 'k This response reflects where the individual tett actfvea dut status within 367tlays preceding theActtt.Duty Status Date The Member or His/Her Unit Was Noted 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 r_ response reflects whether the individual or his/her unit has rece'ived'eady.notificatton to teport for active duty yv Upon searching the data banks of the Department of Defense Manpower Data.Center,,based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PHELAN HALLINAN, LLP 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 vs. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH FILEC-OF I'!CR U'f THE PROTHONOTARY 2014 SEP 16 PI 10: (1�ttorney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS . CIVIL DIVISION S : No. 14 -2311 -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 RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH, 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 $165,955.57 TOTAL $165,955.57 I hereby certify that (1) the Defendants' last known address is 199 TORY CIRCLE, ENOLA, PA 17025-2659, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 945334 PROTHONOTARY Q'"�.% 16. ate 945334ati;k ss* `311132 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 vs. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2341 -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) RACHEL L. PETROVICH and MICHAEL L. PETROVICH A/K/A M. L. PETROVICH are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant RACHEL L. PETROVICH is over 18 years of age and resides at 199 TORY CIRCLE, ENOLA, PA 17025-2659. (c) that defendant MICHAEL L. PETROVICH A/K/A M. L. PETROVICH is over 18 years of age and resides at 199 TORY CIRCLE, ENOLA, PA 17025-2659. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phe allinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 945334 Department of Defense Manpower Data Center Status Report t to Serveemembers Civil Relief Act Last Name: PETROVICH First Name: RACHEL Middle Name: L Active Duty Status As Of: Sep -15-2014 Results as of : Sep -15-2014 12:06:02 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA f - . ; : NA -s NA This response reflects the individuals active duty status based on the Active Duty Status Date 4 I i fr Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA f - . ; : NA , - No NA This response reflects 'where the indlviduat !efl active duly status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Netitted of a Future Call -Up to Active Duty on Active Duly Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA '. NA _ No NA This response reflects whether the indlvldual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Servicernemibers Civil Relief Act Last Name: PETROVICH First Name: MICHAEL Middle Name: L Active Duty Status As Of: Sep -15-2014 Results as of : Sep -15.2014 12:06:03 AM SCRA 3.0 On Active Duly On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA se;-�. .— -' No7 \ NA This response reflect; the individuals' active duty status based on the Active Dirty,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 _`- t .r - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual an 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 Servicemembers Civil Relief Act Last Name: PETROVICH First Name: M. Middle Name: L Active Duty Status As Of: Sep -15-2014 Results as of : Sep -15-2014 12:26:12 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 .*,:, — - -- niciN. NA This response reflects e InOividuatal activerit4 status based on the Active Duty Status Date tCv 1 f Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA WA,. ...,'.; NA F 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 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 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2311 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on CI\ \V)1114. By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 945334 WELLS FARGO BANK, NA Plaintiff v. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/KIA M. L. PETROVICH Defendant(s) TO: RACHEL L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 j DATE OF NOTICE: IMt COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -2341 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECT IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 945334 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 17) 249-3166 Mic Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK,•NA Plaintiff v. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH Defendant(s) TO: MICHAEL L. PETROVICH A/K/A M. L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 DATE OF NOTICE:.. Wiwiti COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -2341 -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 A 1 1 EMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 945334 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Michael .i)higerdissen, Esq., Id. No.317124 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, NA Plaintiff v. Rachel L. Petrovich Michael L. Petrovich a/k/a M. L. Petrovich Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/17/2014 to Date of Sale ($27.28 per diem) : COURT OF COMMON PLEAS CIVIL DIVISION . NO.: 14 -2351 -CIVIL CUMBERLAND COUNTY $165,955.57 $4,610.32 TOTAL $170,565.89 Note: Please attach description of property. PH # 945334 (02i. 50 pi /174.& 60. qS 03 • 7S I(o. -S'0 owl. rio lc' #6 Ctlf63 Yos, Ofalz.z°9 w(1.7L lssoF✓ elan Hallinan, LLP eph E. DeBarberie, Esq., Id. No.315421 torney for Plaintiff Deie --4 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the township of east Pennsboro, county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western legal right-of-way line of Greenmont drive at the northeast corner of lot no. 139 on the hereinafter described preliminary/final subdivision plan; thence along the northern line of said lot no. 139, south 81 degrees 35 minutes 00 seconds west, a distance of 112.00 feet to a point on the eastern line of lot no. 146 on the hereinafter described preliminary/final subdivision plan; thence along the eastern line of said lot no. 146, north 08 degrees 25 minutes 00 seconds west a distance of 70.00 feet to a point on the southern legal right-of-way line of Tory circle; thence along the southern legal right-of-way line of Tory circle, north 81 degrees 35 minutes 00 seconds east, a distance of 100.00 feet to a point; thence along the southwestern legal right-of- way line of intersection of Tory circle and Greenmont drive, by a curve to the right, having a radius of 12.00 feet, an arc length of 18.85 feet to a point on the western legal right-of-way line of Greenmont drive; thence along the western legal right-of-way line of Greenmont drive, south 08 degrees 25 minutes 00 seconds east, a distance of 58.00 feet to a point at the northeast corner of lot no. 139 on the hereinafter described preliminary/final subdivision plan, the point and place of beginning. CONTAINING 7,727.00 square feet, more or less. BEING lot no. 138, section 2 on the preliminary/final subdivision plan of laurel hills north lot no. 5 and lot no. 7, dated December 13, 1995, recorded in the office of the recorder of deeds of Cumberland county, Pennsylvania in plan book 71, page 117. SOURCE of title: book 265, page 2846 (recorded 10/04/2004) TITLE TO SAID PREMISES IS VESTED IN Michael L. Petrovich and Rachel L. Petrovich, h/w, by Deed from Douglas Leming and Andrea Leming, h/w, dated 09/25/2004, recorded 10/04/2004 in Book 265, Page 2846. PREMISES BEING: 199 Tory Circle, Enola, PA 17025-2659 PARCEL NO. 09-15-1288-265 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Wells Fargo Bank, NA Vs. NO 14-2351 Civil Term CIVIL ACTION — LAW Rachel L. Petrovich Michael L. Petrovich a/k/a M. L. Petrovich WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $165,955.57 L.L.: $.50 Interest from 9/17/2014 to Date of Sale ($27.28 per diem) - $4,610.32 Atty's Comm: Due Prothy: $2.25 Atty Paid: $209.70 Other Costs: Plaintiff Paid: Date: 10/13/2014 J/ VaaC;( ).. (Seal) REQUESTING PARTY: David D. Buell, Prothonotary By: Name: Joseph E. DeBarberie, Esq. Address: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 315421 ik,0„ %iA Deputy PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 Wells Fargo Bank, NA Plaintiff v. Rachel L. Petrovich Michael L. Petrovich a/k/a M. L. Petrovich Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 14 -2351 -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. B y: P an Hallinan, LLP J ph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff r• 1 O CD C.) 4-0 1 rn trj CD —+n --rp CD -ft None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name • Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 199 Tory Circle Enola, PA 17025-2659 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: I PH # 945334 Bv: an Hallinan, LLP eph E. DeBarberie, Esq., Id. No.315421 torney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION r -.a vs. : NO.: 14 -2351 -CIV �' Rachel L. Petrovich rn rn am Michael L. Petrovich a/k/a M. L. Petrovich : CUMBERLAND nty� �z +' Defendant(s) : -< c...) r {i7 - Crarl - CD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY p• _ TO: Rachel L. Petrovich Michael L. Petrovich a/k/a M. L. Petrovich 199 Tory Circle Enola, PA 17025-2659 **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 199 Tory Circle, Enola, PA 17025-2659 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 $165,955.57 obtained by Wells Fargo Bank, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. if the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -2351 -CIVIL Wells Fargo Bank, NA v. Rachel L. Petrovich Michael L. Petrovich a/k/a M. L. Petrovich owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 199 Tory Circle, Enola, PA 17025-2659 Parcel No. 09-15-1288-265 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $165,955.57 Attorneys for Plaintiff Phelan Hallinan, LLP • LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the township of east Pennsboro, county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western legal right-of-way line of Greenmont drive at the northeast corner of lot no. 139 on the hereinafter described preliminary/final subdivision plan; thence along the northern line of said lot no. 139, south 81 degrees 35 minutes 00 seconds west, a distance of 112.00 feet to a point on the eastern line of lot no. 146 on the hereinafter described preliminary/final subdivision plan; thence along the eastern line of said lot no. 146, north 08 degrees 25 minutes 00 seconds west a distance of 70.00 feet to a point on the southern legal right-of-way line of Tory circle; thence along the southern legal right-of-way line of Tory circle, north 81 degrees 35 minutes 00 seconds east, a distance of 100.00 feet to a point; thence along the southwestern legal right-of- way line of intersection of Tory circle and Greenmont drive, by a curve to the right, having a radius of 12.00 feet, an arc length of 18.85 feet to a point on the western legal right-of-way line of Greenmont drive; thence along the western legal right-of-way line of Greenmont drive, south 08 degrees 25 minutes 00 seconds east, a distance of 58.00 feet to a point at the northeast corner of lot no. 139 on the hereinafter described preliminary/final subdivision plan, the point and place of beginning. CONTAINING 7,727.00 square feet, more or less. BEING lot no. 138, section 2 on the preliminary/final subdivision plan of laurel hills north lot no. 5 and lot no. 7, dated December 13, 1995, recorded in the office of the recorder of deeds of Cumberland county, Pennsylvania in plan book 71, page 117. SOURCE of title: book 265, page 2846 (recorded 10/04/2004) TITLE TO SAID PREMISES IS VESTED IN Michael L. Petrovich and Rachel L. Petrovich, h/w, by Deed from Douglas Leming and Andrea Leming, h/w, dated 09/25/2004, recorded 10/04/2004 in Book 265, Page 2846. PREMISES BEING: 199 Tory Circle, Enola, PA 17025-2659 PARCEL NO. 09-15-1288-265 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff v. RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH AND NOW, this Defendants 2 • Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2351 -CIVIL RULE day of h r* r 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. z.7) rn-- Ps) `��.,� C{3 -TI rr Cn 945334 7 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 RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH 199 TORY CIRCLE ENOLA, PA 17025-2659 & p' e3 1'4Q ded i I lctt/,q 945334 945334 PLAINTIFF WELLS FARGO BANK, NA AFFIDAVIT OF SERVICE CUMBERLAND COUNTY DEFENDANT RACHEL L. PETROVICH MICHAEL L. PETROVICH A/K/A M. L. PETROVICH SERVE RACHEL L. PETROVICH AT: 199 TORY CIRCLE ENOLA, PA 17025-2659 SERVED Served and made known to RACHEL L. PETROVICH, Defendant on A=30, o'clock t' M., at 149 ToRy G AGO. &Not.,t, AA , in the _ Defendant personally served. 1/ Adult family member ith whom Defendant(s) reside(s). Relationship is Sad a Adult in charge of Defendant's residence who refused to give name _ 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 bu an officer of said Defendant's company. PH # 945334 SERVICE TEAM/ lxh COURT NO.: 14 -2351 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 the Z day of /It/ gM6h4 20 14; at c;. manner described below: ..._ .... Other: Description: Age 4 s Height S 'f(' Weight or relationship. siness. (7o Race k) Sex /14 Other cri Cil I, Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on thldate and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (L NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the dayof 20 , at o'clock _. M., I, , a competent adult hereby state that Defendnt NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: .% AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PH # 945334 DEFENDANT SERVICE TEAM/ lxh RACHEL L. PETROVICH COURT NO.: 14 -2351 -CIVIL MICHAEL L. PETROVICH A/K/A M. L. PETROVICH SERVE MICHAEL L. PETROVICH A/K/A M. L. PETROVICH AT: TYPE OF ACTION 199 TORY CIRCLE XX Notice of Sheriff's Sale ENOLA, PA 17025-2659 SALE DATE: March 4, 2015 SERVED Served and made known to MICHAEL L. PETROVICH A/K/A M. L. PETROVICH, Defendant on the g day of NOvFMt M 2014, at 21 30, o'clock t-. M., at 144 T P / 12c11/pcAt ?I , in the manner described below: J( Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: " Description: Age 46 Height .1(" Weight 1 -70 Race W Sex 4/' Other Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 111 gl (4 NAME: PRINTED NAME: TITLE: Ronald Moll Process Server NOT SERVED On the day of, 20 at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused Other: € 73 r*.) I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to ii"rswoxn' falsification to authorities. BY: r ;, PRINTED NAME: r cD