HomeMy WebLinkAbout14-3759 Supreme Court of Pennsylvania
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Cour .cif Common Pleas
tiv=�� For Prothonotary Use Only:
Sleet
r ' C64BE AND County Docket No:
The information collected on this form is used solely,for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other a ers as required by law or rules of court.
Commencement of Action:
❑x 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: DEBRA BEAVER
T
I Dollar Amount Requested: ❑ within arbitration limits
Are money damages requested? ❑ Yes No
0 (Check one) 19 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff/Appellant's Attorney: Meredith.Wooters,Esq.,Id.No.307207,Phelan Hallinan,LLP
D Check here if you have no attorney{are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment
❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections
❑Nuisance ❑Dept.of Transportation
❑Premises Liability ❑ Statutory Appeal: Other
❑Product Liability(does not
S include mass tort) ❑Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
E ❑Other: ❑Employment Dispute:Other ❑ Zoning Board
C ❑ Other:
T
O MASS TORT ❑Other:
❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration
B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
Z Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑Quiet Title ❑ Other:
❑MedicaI ❑Other:
❑ Other Professional:
PmR.C.P. 205.5 Updated 0110112011 ,
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#: 948125
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Meredith.Wooters@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,NA
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
VS.
DEBRA BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
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: 6b
062-PA-V4 r2 ��
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff').
2. The Defendants are, DEBRA BEAVER and JAMES I. BEAVER, III A/K/A
JAMES I. BEAVER, with a last known address of 5051 PINE HILL ROAD, DOVER, PA
17315-4923.
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 October 14, 2009, DEBRA BEAVER and JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER made, executed and delivered to WELLS FARGO BANK, N.A. a
Mortgage in the original principal amount of$195,742.00 on the premises described in the legal
description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being
recorded in the Office of the Recorder of CUMBERLAND County on October 26, 2009, in
Instrument No. 200936180. The Mortgage is a matter of public record and is incorporated herein
by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its
obligation to attach documents to pleadings if those documents are of public record.
6. Plaintiff is the current Mortgagee.
7. DEBRA BEAVER and JAMES I. BEAVER, III A/K/A JAMES I. BEAVER are
the 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 July 1, 2013.
062-PA-V4
9. As of 06/11/2014, the amount due and owing Plaintiff on the mortgage is as follows:
Principal $185,280.14
Interest $10,469.59
From 06/01/2013 to 06/11/2014
Late Charges $0.00
Escrow Advance $2,200.26
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $197,949.89
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).
11. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
12. The mortgage premises are vacant and abandoned.
13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
062-PA-V4
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$197,949.89, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
I
Date: a3 Mereith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
062-PA-V4
Exhibit "A"
• Multistate
NOTE FHA Caen i3v.
OCTOBER 14, 2009
[DQ>o I
916 BONNY LANE, MECHANICSBURG, PA 17055
lProp"AdJrc.e"1
1.PARTUES
"Burrower" rocaru+auch person iagoino at the nal of Ilds Nola,and the person'r,succm,;o s and assigns."Lender"means
WELLS FARGO BANK, N.A.
and its succestirs and assigns.
2.BORROWER'S PROMISE TO PAY;INTEREST
In return for a Loan received from Leader,Borrower promises to pay the principal sum ofONE R1 1•DRED NINETY
FIVE THOUSAND SEVEN HUNDRED FORTY TWO Alm 00/100
Dollars(U.S.$ ********195,742.00 ),plus interest,to the order .of Larder.later=will be charged on unpaid principal,
from the dale of disbursement of Iho loon pruccods by LendtT,at the rule of FIVE AND ONE-HALF
percent( 5.500 %)per year until the full amount of principal has been paid.
3.PROhIISF.TO PAY SECURED
Borrower's pmmisc to pay is secured by u rnudgagu,dud of trust or mini ilar setifaity instrument Ilial is date)the semc date
as this Note and called the"Security Instrument:,The Security Instrument protects the Leader from losses which might result if
Burn+wer defaults under this Niue.
4.MANNER OF PAYMENT
(A) Time
Bonuwcr shall utakc a paynreot of principal and interest to Lender on the first day of each month beginning un
DECENBER Ol , 2009 .Any principal and interest remaining on the first day of NOVEMBER
2039 ,will be due on that date,which is called tike"Maturity Date."
(B) Place
Payment shall be madcat WELLS FARGO IRCH MORTGAGE, p.0_ BOX 11701, NEWARK, NJ
071014701 or ut such pluca us Lender may dc-signale in writing
by notice to Borrower
(C) Amount
Each nrunthly payment of principal and interest will he in the amount of U.S. $•***.1,111.40 This amount
will be pan of a largo monthly peyrnenl required by the Security Imtrumcal,Ihal shell be applied to principal,ialcrvsl and
other items in the order described in the Security lnsnutreal.
(D) Allonge to this Note rar payment adjustments
If an allonge providing for payment adjustmcnts is executed by Borrower together with this.r"c,the covenants of
the allonge shall be incorpomtc5l hdu and shall;mend and supplement the eovertants of this Note as if the allongcwcrc a pari of
this Nola[Check applicable box)
❑Gradualcd Paymtcni Allongc DGmwing Equity Allonge DOther(epee ify)
5.BORROWER'S RICHT TO PREPAY"
Burrower has the right to pay like debt evidenced by this Note,in whole or in pan,without charge or penally,on the first
day of any month_Lender shall acct.74 prepayment an other days provided lbul tutrnlwer pays in cmm on the amount prepaid for
the remainder of the mouth to the extent required by Larder and pcnnittcd by rebbulal ions of IIx Secretary.If Borrower makes a
partial prepayment,there will be no changes in the due dale ur in the amount of tho monthly payment unless Lender agrees in
writing In those changes-
.1R(vdnl
PHA Nahlstatc Fixed Rat-Notc-10)95
-727
YM-MORTGAGE FORK%-(8W)621NlwI I �
P*pr t of 2 INWr:
I'
t
' 6.BORROWER'S FAILUM TO PAY
(A) Late Charge for Overdue Payments
if Lender has not received the full monthly payment required by the Security Instrument,as describah in Paiagraph
4(C)of this Nolc,by the end of fiticcn calendar days oiler the payment is due,Lender may collect a lute charge in the amount of
FOUR percent( 4.000 orf the nverdne amount ul cuch paymcni.
(B) Default
if Bnmower defaults by failing to pay in full any monthly payment,then Lander may,cxccpi as limited by regulations
of the secretaryin the ease of payment defaults,reiluirc innnexliate payment in full of thu principal is}once remaining due atxl
all uccrucd inter sl. Leudrr may choose not in exercise thio nption without waiving its rights in the event of any subseeprem
default.In many circumstances rcgalatiuns issued by the Secretary will limit Lendck s rights to require immcdialc paymcm in
Jill]in the case of paymcnl defaults.'Mis Mile does not ualhorize uccelenttion when not permitted by FWD regulations,As used
in this NLie'"Seurulary"means the Secretary of Ilnusing and Urban Development or his or her designce-
(C) Paymcnl of Cants and Fspe:nsea
if Lander has required it o ledialc lurymcni in full,us deuuribzl ahuve,Lunda may rutuiru 134trnowa lu pay vu-4 uud
expenses inchAing reasonable and customary nllnmcys' fee's for enflaming this Note to the extent not prohibited by applicahlc
low.Such fes and costs shall bear inleresl from the dale of disbursement al the same rate as the principal of this Note.
7.WAIVERS
Borrower and any other person who has oblindions tinder this Nulla waive the rights of pnruomcnl and nulicc of
dishonor. "Prescntmcat"ineons the right to require Lender to demand payment of amounts due."Notice of dishonor"means the
I right to require Lender to give notice to other persons that umounms due have not been paid.
8.GIVING OF NOTICES
Unicss applicable law requires a different inelhod,any notice that must he given to Borrower under this Note will be given
by delivering it oro by mailing it by first class nail In Borrower at the properly address ubuvu or ut a different addn'ss if
Borrower has given Leader a notice of Borrower's different address.
Any notice that must he given In Lender under this Noir will be given by first class mail to Lender at thc.address stated in
paragraph 4(B)or al it diffenwt Address if Bormv=is given a notice of that different addres.
9.ORI,ICATinNS of PERSONS UNDF,R TIIiS NOTE
Irmnre than one person signs this Note,each person is fully and personally obligated to keep all of the:prnmis.vn made in
this Note,including lire promise to pay The full amount owed.Any person who is a guarantor,surely or endorser of this Notc is
also obligated to do these things. Any person who takes uvcr these obligations,including the obligations of a guurantor,surely
or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may cnforec its rilibts under this
Note ugainst each person individually or against all signatories together.Any ane person signing this Note muy be required to
pay all of the unxnuels owed under this Note.
BY SIGNING BELOW,Burrower accepts and agree;to the lemrs and cnvenaniscomoiocd in Ihk Note.
ilsvat) CZuest}!_)/ (sea])
-nor—", 3 I HEA t R III -P_..w r
-tNlrowl�[ D 813AVBR -ttartll Wer
"Scat) tSeall)
.}lvrou�vcr -nurn�vcr
(Seal) (Ccal)
-BU wcr -HOrr�WCr
IR(asst Poo.9d2
WITHOUT RECOURSE
PAY TO THE ORDER OF
WELL,jS FARGO BANK,N.A.
BY
oaa M.Mills,Vice President
Exhibit "B"
s
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT or parcel of land and premises situate, lying and being in the
township of Upper Allen, in the county of Cumberland, and commonwealth of Pennsylvania,
more particularly described as follows.
BEGINNING at a point on the northwesterly right-of-way line of Bonny lane(50 foot wide), at
the dividing line between lots 11 and 12, as shown on plan of spacious acres, section 5, plan no.
2; thence along the dividing line between lots 11 and 12, north 49 degrees 1.8 minutes 00 seconds
west, a distance of 155.02 feet to a point on the southeasterly right-of-way line of U.S. route 15;
thence along the right-of-way line of U.S.route 15, north 35 degrees 55 minutes 00 seconds east,
a distance of 90.31 feet to a point at the dividing line between lots 12 and 12; thence along the
dividing line between lots 12 and 123, south 49 degrees 18 minutes 00 seconds east, a distance of
162.55 feet to a point on the northwesterly right-of-way line of bonny lane; thence along the
right-of-way line of bonny lane, south 40 degrees 42 minutes 00 seconds west, a distance of
90.00 feet to a point at the dividing line between lots 11 and 12, said point being the place of
beginning.
BEING all of lot 12, plan of spacious acres, section 5, plan no. 2, recorded in plan book 45, page
62.
PROPERTY ADDRESS: 916 BONNY LANE,MECHANICSBURG, PA 17055-5805
PARCEL#42-31-2151-196.
File#: 948125
VERIFICATION
Linwood Williams , hereby states that&she is Vice President Loan
Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matter, that&she is
authorized to make this Verification, and verify that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and correct to the best ofQher
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.
W
Name: Linwood Williams
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 06/13/2014
086-PA-V2 File#948125
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson t L�: �)-Crt., tC L
A- THEFROTHUHOTA rSheriff Lttnorp
fir,,
Jody S Smith , 2014 AUG 114 PH 3: 04
Chief Deputy "
Richard W Stewart r`- CUMBERLAND COUNTY
Solicitor OCFICE GAF T E •$H=RIFF PENNSYLVANIA
Wells Fargo Bank, N.A.
vs. Case Number
Debra Beaver (et al.) 2014-3759
SHERIFF'S RETURN OF SERVICE
06/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Debra Beaver, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint in Mortgage Foreclosure according to law.
06/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: James I Beaver, III, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint in Mortgage Foreclosure according to law.
06/26/2014 01:55 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: James I Beaver, III, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage
Foreclosure as "Not Found" at 916 Bonny Lane, Upper Allen, Mechanicsburg, PA 17055. Residence
appears to be vacant, a Post Office check was done and returned by the Mechanicsburg Postermaster
marked "UTF".
07/08/2014 03:21 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon
James Beaver, Husband, who accepted for Debra Beaver, at 5051 Pine Hill Road, Dover, PA 17315.
Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record.
07/08/2014 03:21 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon
James I Beaver, III, personally, at 5051 Pine Hill Road, Dover, PA 17315. Richard Keuerleber, Sheriff,
Return of Service attached to and made part of the within record.
07/14/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Debra Beaver, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not
Found" at 916 Bonny Lane, Upper Allen, Mechanicsburg, PA 17055. Residence appears to be vacant, a
Post Office check was done and returned by the Mechanicsburg Postermaster marked "UTF".
SHERIFF COST: $94.30 SO ANSWERS,
August 12, 2014 RONZ ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft Inc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
WELLS FARGO BANK NA
vs.
DEBRA BEAVER (et al.)
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
Case Number
14-3759 CIVIL
SHERIFF'S RETURN OF SERVICE
07/08/2014 03:21 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING ATRUE COPY TO
A PERSON REPRESENTING THEMSELVES TO BE JAMES BEAVER, HUSBAND, WHO ACCEPTED
AS "ADULT PERSON IN CHARGE" FOR DEBRA BEAVER AT 5051 PINE HILL ROAD, DOVER, PA
17315.
REY STRINE, DEPUTY
07/08/2014 03:21 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A
TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT:
JAMES I BEAVER, III AT 5051 PINE HILL ROAD, DOVER, PA 17315.
SHERIFF COST: $73.00
August 06, 2014
Affirmed and subscribed to before me this
6TH day of AUGUST
NOTARY
2014
dev'i
REY STRINE, DEPUTY
SO
S,
RICHAD P KEUE EBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA; _
Notarial Seal
Sheila E. Cook, Notary Public
City of York, York County
My Commission Expires Feb. 1, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
(c) CountySuite Sheriff. Teleosott, Inc.
_„.
filE PROTHONO
20111 OCT - I i
PHELAN HALLINAN, LLP Attorney for Plaintiff
Jonathan Lobb, Esq., Id. No.31.2174CLIMBERL NO COUNTy
1617 JFK Boulevard, Suite 1400 PEti'4f3 YL VA NIA
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA : CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
DEBRA BEAVER
JAMES I. BEAVER, III No. 14-3759
A/K/A JAMES I. BEAVER
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) DEBRA BEAVER and JAMES I. BEAVER, III A/KJA
JAMES I. BEAVER are not in the Military or Naval Service of the United States or its Allies, or
otherwise within the provisions of the Servicernembers Civil Relief Act, as amended.
(b) that defendant DEBRA BEAVER is over 18 years of age and resides at 5051
PINE HILL ROAD, DOVER, PA 17315-4923 and 916 BONNY LANE, MECHANICSBURG,
PA 17055-5805.
(c) that defendant JAMES I. BEAVER, III AJKJA JAMES L BEAVER is over 18
years of age and resides at 5051 PINE HILL ROAD, DOVER, PA 17315-4923 and 916 BONNY
LANE, MECHANICSBURG, PA 17055-5805.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
/2-erbit
Phelan allinan, LLP
Jonat 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
948125
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicernembers Ciil Relief Act
Last Name: BEAVER
First Name: DEBRA
Middle Name:
Active Duty Status As Of: Sep -29-2014
Results as of : Sep•29-2014 1239:05 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/' , - .. — '
''''' = •.- t40* ii.,
NA
This response reflects the ind' ilvidualii active duty status based on the Active Duty Status Date
•
4
I
•
The Member or His/Her Unit Was Notified of a Futu e 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
NA
Status
Service Component
NA
This response reflects whether the Indhildual or his/her unit has recelved early notification to report for active duty
.
NA
'
' .-
.
This re ponse reflects tvhere the individual left active duly status within
67 days preceding the Active Duty Status Date
4
I
•
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
NO
NA
This response reflects whether the Indhildual or his/her unit has recelved 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
Report
t to Serve te'R Civil Rel I fAct.
Last Name: BEAVER
First Name: JAMES
Middle Name: I
Active Duty Status As Of: Sep -29-2014
Results as of : Sep -29-2014 12:39:06 AM
SCRA 3.0
On Active Duty On Active Duty Status Data
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA se* •= -
----'" _ v No ,Xi
NA
This response reflects the individualssalvo duty sietus based on the ActiveDuty Status Date
At,
Left Active Duty Within 367 Oa1ys of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
I Status
Service Component
NA
- .. NA --
. -_--.-No—
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Cell -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 1ndiVldual or his/her unit has received early nbtification 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 Servicemembers Civil. Relief Act
Last Name: BEAVER
First Name: JAMES
Middle Name: I
Active Duty Status As Of: Sep -29-2014
Results as of : Sep -29-2014 01:16:07 AM
SCRA 3,0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA ..?, , .,,, -
No'.,
NA
This response reflecla the indiVdualsactive duty staluslaased on the ActiveDitty Status Date
jey 4r,‘d ;
, •
Lefl Active Duly Within 367 Days of Active Duty Status Dale
Active Duty Start Date
Active Duty End Dale
Status
Service Component
NAT
y4A..
..
.,.- _ - No .; '1
NA
. .
This response reflects where the individual left active duty status within"367 days preceding the Active Duty Status Date
,
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty an Active Duty Status Date
Order Notification Start Date
Order Notification End Dale
Status
Service Component
NA
NA
No'
NA
This response reflects whether the individual or histher 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
PHELAN HALLINAN, LLP _ Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203�;4
1617 JFK Boulevard, Suite 1400r (,t!i FA-i,"
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,NA CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
DEBRA BEAVER CIVIL DIVISION
JAMES I. BEAVER,III
A/K/A JAMES I. BEAVER No. 14-3759
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 DEBRA BEAVER and
JAMES I. BEAVER, III A/K/A.TAMES I. BEAVER, 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 $197,949.89
TOTAL $197,949.89
I hereby certify that(1) the Defendants' last known addresses are 5051 PINE HILL
ROAD, DOVER, PA 17315-4923 and 916 BONNY LANE, MECHANICSBURG, PA 17055-
5805, and/(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date /l��l � �w eC�
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: f l
PH#948125 PROTHONOTARY
M -s
948125
L&O ?6
�/o I%cl 3 1'73S
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis,Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK,NA CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS. ,
CIVIL DIVISION
DEBRA BEAVER
JAMES I. BEAVER, III A/K/A JAMES I. No. 14-3759
BEAVER
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) DEBRA BEAVER and JAMES I. BEAVER, III A/K/A
JAMES 1. BEAVER 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 DEBRA BEAVER is over 18 years of age and resides at 5051
PINE HILL ROAD, DOVER, PA 17315-4923 and 916 BONNY LANE, MECHANICSBURG,
PA 17055-5805.
(c) that defendant JAMES I. BEAVER, III A/K/A JAMES 1. BEAVER is over 18
years of age and resides at 5051 PINE HILL ROAD, DOVER, PA 17315-4923 and 916 BONNY
LANE, MECHANICSBURG, PA 17055-5805.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date ( l�` t "CIL,
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
948125
Department of Defense Manpower Data Center Results as of:Oct-01-2014 02:04:56 AM
SCRA 3.0
Stator Report
f'mumt to Savicemembm Civil Relief Act
Now
Last Name: BEAVER
First Name: DEBRA
Middle Name:
Active Duty Status As Of: Oct-01-2014
On Active Duty On Active Du Sous Date
AW4 D utystart Date Active Duty End Bata ': . Mah s Servfce Co ' nenf
NA
This response reflects the individuals'active duly status based ontha'Active Status Date
1�
Left Active Duty',Within 367 Days of Active Duty Date
'Active Du'Slart Date Active Duty End Date ' Status Service Component
NA NA No, NA
This response reflects where the individual left active dutyatalue within 367 days precedr tha Aewa:DUty Status Date
l
The Member or His/Her Unit Was Notified of a Future CalWp to Active DtAy on Active Duty Status Date
Cyder Notification Start Date Order Notification End Date Status Service Component.•
NA 'NA No NA
This response reflects whether the individual or his/her mit 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.
Oul rfit
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Oct-01-2014 02:04:57 AM
SCRA 3.0
StaW Repiml
Pmumt to Servicememben Civil Relief Acct
Last Name: BEAVER
First Name: JAMES
Middle Name: I
Active Duty Status As Of: Oct-01-2014
On Active Duty On Active Duty Status Pale
Du "Start Dat i Active Duty End Date Status Service rift
NA NA NA
t is s.
This response reflects the individuals active duty status based on the cNr, "Status Date
Left Active Duty,Within 367 Days of Active Duty Status Date
'.Active Duty Start Date i Active Duty End Date Status Service componant'.
NA NA 'Nd _ NA
This response reflects where the individual left active dutyry,statua Within 367 days preceding the motive Duty Status Date
r'.The Member or His[Her Unit Was Noted of a Future Call-Up to Active Pu
I on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service.component
NA 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.
iA }
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Oct-01-2014 04:00:22 AM
SCRA 3.0
Staff RepCTt
Punt to Seeemembers Civil Relief Act
Last Name: BEAVER
First Name: JAMES
Middle Name: I
Active Duty Status As Of: Oct-01-2014
on Acfjys Duty On Active Duty status Date
X1etWe Duty Stark Date Active D`Erik Date Status Servk Co'` nent.
NA NA NA
This response reflects theindividuals'active duty status-based on the Active ' '.Status Date
Lek Active Duty',Within 367 Rays of Active Duty Status.Date
Active Duty''.Start Date Active Duty End Date Status Service Component
NA NA :No ',.. NA
This response reflects where.the individual left active duty status within 3W days preceding the Active Duty Status Date
The filernber m HislHer Unit Was Notified of a Future Call-Up to Active Duty un Active Duty Status Date
Order Notification Start Date rOrder Notification End Date Status Service:Co hent
NA NA No NA
This response reflects whether the individual or his/herunit 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.
6t J x
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
WELLS FARGO BANK,NA COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
V.
DEBRA BEAVER NO. 14-3759
JAMES I. BEAVER, III A/K/A JAMES I.BEAVER
Defendant(s) CUMBERLAND COUNTY
TO: DEBRA BEAVER
5051 PINE HILL ROAD
DOVER,PA 173154911
[2�/V/14
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 32 SOUTH BEDFORD STREET
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:
Michael - nI,xrdissett,Esq.,Id.No.317124
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#948125
WELLS FARGO BANK,NA COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
V.
DEBRA BEAVER NO. 14-3759
JAMES I.BEAVER,III A/K/A JAMES I.BEAVER
Defendant(s) CUMBERLAND COUNTY
TO: DEBRA BEAVER
916 BONNY LANE
MECHANICSBURG,PA 17055-5805
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVF PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 32 SOUTH BEDFORD STREET
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By.
Michael;_ irnLt;rdissen,Esq.,Id.No.317124
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#948125
WELLS FARGO BANK,NA COURT OF COMMON PLEAS
Plaintiff' CIVIL DIVISION
V.
DEBRA BEAVER NO. 14-3759
JAMES I.BEAVER,III A/K/A JAMES I.BEAVER
Defendant(s) CUMBERLAND COUNTY
TO; JAMES I.BEAVER,III A/K/A JAMES I.BEAVER
5051 PINE HILL ROAD
DOVER,PA 17315-4923
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 32 SOUTH BEDFORD STREET
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:—(W% —
Michael hglydissen,Esq.,Id.No.317124
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#948125
WELLS FARGO BANK,NA COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
V.
DEBRA BEAVER NO. 14-3759
JAMES I.BEAVER,III A/K/A JAMES 1.BEAVER
Defendant(s) CUMBERLAND COUNTY
TO JAMES I.BEAVER,III A/K/A JAMES I.BEAVER
916 BONNY LANE
MECHANICSBURG,PA 17055-5805
DATE OF NOTICE: !O/A I /)
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 32 SOUTH BEDFORD STREET
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
BY w_ ,
Michael t ggerdissen,Esq.,Id.No.31712.4
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#948125
(Rule of Civil Procedure No. 236) -Revised
WELLS FARGO BANK, NA CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
DEBRA BEAVER
JAMES I. BEAVER,III A/K/A JAMES I. CIVIL DIVISION
BEAVER
No. 14-3759
Notice is given that a Judgment in the above captioned matter has been entered
against you on I a .
i
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
948125
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Wells Fargo Bank,NA COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 14-3759
Debra Beaver
James I.Beaver,III a/k/a James I.Beaver
Defendant(s) CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $197,949.89
Interest from 10/03/2014 to Date of Sale $4,978.62
($32.54 per diem)
TOTAL $202,928.51
F,04:),C�Izl
Phelan Hallinan,LLP
Adam H.Davis,Esq., Id.No.203034
Attorney for Plaintiff
c_
Note: Please attach description of property. rr-'t CD ca
PH#948125
731
_-
)b3. �S
Baas
.ss��
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT or parcel of land and premises situate,lying and being in the
township of Upper Allen, in the county of Cumberland, and commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the northwesterly right-of-way line of Bonny lane (50 foot wide), at the
dividing line between lots 11 and 12, as shown on plan of spacious acres, section 5,plan no. 2;
thence along the dividing line between lots 11 and 12, north 49 degrees 18 minutes 00 seconds west,
a distance of 155.02 feet to a point on the southeasterly right-of-way line of U.S. route 15; thence
along the right-of-way line of U.S. route 15, north 35 degrees 55 minutes 00 seconds east, a distance
of 90.31 feet to a point at the dividing line between lots 12 and 12; thence along the dividing line
between lots 12 and 123, south 49 degrees 18 minutes 00 seconds east, a distance of 162.55 feet to a
point on the northwesterly right-of-way line of bonny lane; thence along the right-of-way line of
bonny lane, south 40 degrees 42 minutes 00 seconds west, a distance of 90.00 feet to a point at the
dividing line between lots 1 I and 12, said point being the place of beginning.
BEING all of lot 12, plan of spacious acres, section 5, plan no. 2, recorded in plan book 45,page 62.
HAVING THEREON ERECTED a two-story vinyl sided dwelling
TITLE TO SAID PREMISES IS VESTED IN James 1. Beaver and Debra Beaver, h/w, by Deed
from R. Mark Stroud and Virginia L. Stroud, his wife, fka Virginia L. Conner, dated 09/09/2008,
recorded 02/25/2009 in Instrument Number 200905275.
PREMISES BEING: 916 Bonny Lane,Mechanicsburg,PA 17055-5805
PARCEL NO. 42-31-2151-196.
PHELAN HALLINAN, LLP =j Attorneys for Plaintiff
Adam H. Davis, Esq., Id. No.203034 ' ' �' FH '
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ��
Philadelphia, PA 19103 !E
Adam.Davis@PhelanHallinan.com
215-563-7000
Wells Fargo Bank, NA COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 14-3759
Debra Beaver
James I. Beaver, III a/k/a James I. Beaver
Defendant(s) CUMBERLAND County
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
(X) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
COURT OF COMMON PLEAS
Wells Fargo Bank,NA
Plaintiff f CIVIL DIVISION
LU a OCT _ f`..
V. NO.: 14-3759
Debra Beaver
James I. Beaver,III a/k/a James I.Beaver CUMBERLAND COUNTY
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank,NA,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the
Writ of Execution was filed,the following information concerning the real property located at 916 Bonny Lane,Mechanicsburg,PA
17055-5805.
1. Name and address of Owner(s)or reputed Owner(s): Address(if address cannot be reasonably ascertained,
Name please so indicate)
Debra Beaver 5051 Pine Hill Road
Dover,PA 17315-4923
James I.Beaver,III a/k/a James I.Beaver 5051 r, ill Ro d
Dove923
2. Name and address of Defendant(s)in the judgment: Address(if address cannot be reasonably
Name
ascertained,please so indicate)
Debra Beaver 5051 Pine Hill Road
Dover,PA 17315-4923
James I.Beaver,III a/k/a James 1.Beaver 5051Pine ill 5o d
Dover,PA923
3. Name and last known address of every judgment creditor
w ose addressjudgment is a recorbed lien on the real property to be sold:
Name
reasonably ascertained,please indicate
Carmel Financial Corp. 101 East Carmel Drive#200
Carmel,in 46032
CT Lien Solutions PO Box 29071
Glendale,CA 91209-9071
record:
4. Name and address of last recorded holder of every mortgageAdd eof(if address cannot be
Name reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
Upper Allen Township 100 Gettysburg Pike
Mechanicsburg,PA 17055
PH#948125
r
Wells Fargo Bank, NA r, COURT OF COMMON PLEAS
QC f
Plaintiff CIVIL DIVISION
vs. NO.: 14-3759
Debra Beaver
James I. Beaver, III a/k/a James I. Beaver CUMBERLAND County
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra Beaver
James I. Beaver, III a/k/a James I. Beaver
5051 Pine Hill Road
Dover, PA 17315-4923
"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 916 Bonny Lane,Mechanicsburg,PA 17055-5805 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$197,949.89 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. 14-3759
Wells Fargo Bank,NA
V.
Debra Beaver
James I. Beaver, III a/k/a James I. Beaver
owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
916 Bonny Lane, Mechanicsburg,PA 17055-5805
Parcel No. 42-31-2151-196.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $197,949.89
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT or parcel of land and premises situate, lying and being in the
township of Upper Allen, in the county of Cumberland, and commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the northwesterly right-of-way line of Bonny lane (50 foot wide), at the
dividing line between lots 11 and 12, as shown on plan of spacious acres, section 5, plan no. 2;
thence along the dividing line between lots 11 and 12, north 49 degrees 18 minutes 00 seconds west,
a distance of 155.02 feet to a point on the southeasterly right-of-way line of U.S. route 15;thence
along the right-of-way line of U.S. route 15, north 35 degrees 55 minutes 00 seconds east, a distance
of 90.31 feet to a point at the dividing line between lots 12 and 12; thence along the dividing line
between lots 12 and 123, south 49 degrees 18 minutes 00 seconds east, a distance of 162.55 feet to a
point on the northwesterly right-of-way line of bonny lane; thence along the right-of-way line of
bonny lane, south 40 degrees 42 minutes 00 seconds west, a distance of 90.00 feet to a point at the
dividing line between lots 11 and 1.2, said point being the place of beginning.
BEING all of lot 12, plan of spacious acres, section 5, plan no. 2, recorded in plan book 45, page 62.
HAVING THEREON ERECTED a two-story vinyl sided dwelling
TITLE TO SAID PREMISES IS VESTED IN James 1. Beaver and Debra Beaver, h/w, by Deed
from R. Mark Stroud and Virginia L. Stroud, his wife, fka Virginia L. Conner, dated 09/09/2008,
recorded 02/25/2009 in Instrument Number 200905275.
PREMISES BEING: 916 Bonny Lane,Mechanicsburg,PA 17055-5805
PARCEL NO. 42-31-2151-196.
c f c U''e� THE COURT OF COMMON PLEAS
i CUMBERLAND COUNTY PA
o Z DAVID D.BUELL,PROTHONOTARY
" One Courthouse Square • Suite 100 • Carlisle, PA• 17013
(717)240-6195
1750 www.ccpa.net
WELLS FARGO BANK,NA
Vs. NO 14-3759 Civil Term
CIVIL ACTION—LAW
DEBRA BEAVER,JAMES I. BEAVER, III
A/K/A JAMES L BEAVER
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: $197,949.89 L.L.: $.50
Interest FROM 10/3/2014 TO DATE OF SALE($32.54 PER DIEM)-$4,978.62
Atty's Comm: Due Prothy: $2.25
Atty Paid: $243.05 Other Costs:
Plaintiff Paid:
Date: 10/2/2014 J
David D. Buell,Prothonotary �—^—
(Seal)
Deputy
REQUESTING PARTY:
Name: ADAM H.DAVIS,ESQUIRE
Address: 1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.203034
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
v.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
31 y TtO IEY FOR PLAINTIFF
>•, rnIV 3 V
0 ri 1,__V:1v'1. tell,
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1.
Plaintiff commenced this foreclosure action by filing a Complaint on June 25, 2014.
2. Judgment was entered on October 2, 2014 in the amount of $197,949.89. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on March 4, 2015.
948125
1
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through November 1, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Mortgage Insurance Premium/ Private Mortgage Insurance
Escrow Deficit
$185,280.04
$14,436.40
$1,650.00
$1,066.05
$25.00
$20.00
$150.06
$6,348.20
TOTAL $208,975.75
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on October 29, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. No judge has previously entered a ruling in this case.
948125
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: /067 oMt.
Phelan Hallinan, LLP
By: '6'ri.'ZI,Y—' -t...-4_____
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
3
948125
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
v.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
DEBRA BEAVER and JAMES I. BEAVER, III A/K/A JAMES I. BEAVER executed a
Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard
insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs
Note was secured by a Mortgage on the Property located at 916 BONNY LANE,
MECHANICSBURG, PA 17055-5805. The Mortgage indicates that in the event of a default in
the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other
items, in order to protect the security of the Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
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1
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
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2
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
948125
3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
948125
4
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
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5
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
948125
6
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
948125
7
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: /071V/(Cie.
By:
Phelan Hallinan, LLP
Adam H. Davis, Esquire
Attorney for Plaintiff
948125
Exhibit "A"
iL-:J OF iC
THE PRO HO:'iC ,..,
PHELAN HALLINAN, LLP 77 or T_ 2 r
Adam H. Davis, Esq., Id. No.203014
1617 JFK Boulevard, Suite 1400OUMt;E1,';::1D
One Penn Center Plaza
Fir..
1' Y i ' {
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
,Attorney for Plaintiff
WELLS FARGO BANK, NA : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
DEBRA BEAVER : CIVIL DIVISION
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER : No. 14-3759
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 DEBRA BEAVER and
JAMES I. BEAVER, III A/K/A JAMES I. BEAVER, Defendant(s) for failure to file an
Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale
of the mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
TOTAL
$197,949.89
$197,949.89
I hereby certify that (1) the Defendants' last known addresses are 5051 PINE HILL
ROAD, DOVER, PA 17315-4923 and 916 BONNY LANE, MECHANICSBURG, PA 17055-
5805, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date 40// / //V
Adam H. Davis, Esq., Id. No.203034
Attorney f r Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: Ib 7
PH # 948125
PROTHONOTARY
ouv1- np.SC
IV°e filaikd E941111425 /11/1-7631)49
Exhibit "B"
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
October 21, 2014
DEBRA BEAVER
JAMES 1. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
RE: WELLS FARGO BANK, NA v. DEBRA BEAVER and JAMES I. BEAVER, III, A/K/A
JAMES I. BEAVER
Premises Address: 916 BONNY LANE MECHANICSBURG, PA 17055
CUMBERLAND County CCP, No. 14-3759
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 10/27/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very truly yours,
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Enclosure
948125
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Line
Article Number
Name of Addressee, Street, and Post Office Address
Postage
$0.47
1
****
DEBRA BEAVER
JAMES I. BEAVER, 111
5051 PINE HILL ROAD
DOVER, PA 17315-4923
2
****
DEBRA BEAVER
JAMES 1. BEAVER, I11
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
$0.47
RE: DEBRA BEAVER (CUMBERLAND) PH # 948125/1200 Page 1 of 1
S0.94
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Receiver( at Post Office
Poslmaiter, Per (Name of
Receiving employee)
The full declaration of value is required on all domestic and international registered moil. The ma
for the reconstruction of nonnegotiable documents under Express Mail document reconstruction it
piece subject ton limit of 5500.000 per ocaurence. The maximum indemnity payable to Express
The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. Se
0900 5917 and S921 for limitations of coverage.
Form 3877 Facsimile
948125
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
v.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
DATE: ArA7a/(i-
DEBRA
BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
Phelan Hallinan, LLP
By: 42"C-1_
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
948125
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK, NA
Plaintiff
v.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
AND NOW, this � day of "Jou t 44, 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.
948125
Adam H. Davis, Esq., Id. No.203034
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
,'BRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
eop l'es Pal ' Lik,
///spy
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
948125
948125
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
vs.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Li
ATTRN'EY FOR PLAINTIFF
"D COLiiff"
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's November 4, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
DATE:
fth2-1111
By:
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
Phelan Hallinan, LLP
Jo
A
an Lobb, Esq., Id. No.312174
orney for Plaintiff
948125
Phelan Hallinan, LLP 7r1 ry : C -2 Ail 1': 35
Michelle J. Stranen, Esq., Id. No.208793- „...,_ r. , ,A,TTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
vs.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK, NA, by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on October 30, 2014.
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about November
4, 2014 directing the Defendants to show cause by November 24, 2014 why the Motion to
Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto,
made part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on November 12,
2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
November 24, 2014.
2
948125
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: (211/11(
Phelan Hallinan, LLP
By:CQ.
Mi elle J. Str en, Esq., Id. No.208793
Attorney for Plaintiff
3
948125
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK, NA
Plaintiff
v.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
AND NOW, this `7 day of A).uo.d v 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
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
�*c
cn
va
C 37
CI7
948125
Exhibit "B"
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
VS:
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's November 4, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
DATE:
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
Phelan Hallinan, LLP
Jo
A
h Lobb; Esq., Id. No.312174
e rney for Plaintiff
948125
Phelan Hallinan, LLP
Michelle J. Stranen, Esq., Id. No.208793
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
Plaintiff
vs.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
5051 PINE HILL ROAD
DOVER, PA 17315-4923
DATE: I
I
By.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
916 BONNY LANE
MECHANICSBURG, PA 17055-5805
Phelan Hallinan, LLP
/
en Es
Mi elle J. Str q. Id. , No.208793
Attorney for Plaintiff
948125
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA
Plaintiff
vs.
DEBRA BEAVER
JAMES I. BEAVER, III
A/K/A JAMES I. BEAVER
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3759
ORDER
AND NOW, this `'E day of 7 4. - , 2014, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through November 1, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Mortgage Insurance Premium/ Private Mortgage Insurance
$185,280.04
$14,436.40
$1,650.00
$1,066.05
$25.00
$20.00
$150.06
948125
Escrow Deficit
TOTAL
Plus interest at six percent per annum.
$6,348.20
$208,975.75
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
41.1y P . s-%1L&1oeiLl
-benor 4 ..17ens.T c31;2—
'eS 0231.141EL
!ails
948125