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Home My WebLink About14-4262 Supreme Court_of_Pennsylvania ' Cour � "CommonvPleas 11=7 - � For Prothonotary Use Only: CHviVC4bVe��;,,.,,'beet CUMBECounty Docket No: / f 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 papers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑Petition $+ ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: DAVID S.MEASE T I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Meredith Wooters,Esq.,Id.No.307207,Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff' Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑-Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include.*Mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: P&R.CA 205.5 Updated 011011201.1 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#l: 949168 h-•i VA10A fy 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@p.helanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 gus Plaintiff, NO.: — VS. DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 062-PA-V4 " Ll -39 6 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, DAVID S. MEASE, with a last known address of 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about June 11, 2009, DAVID S. MEASE made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of$116,400.00 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 June 18, 2009, in Instrument No. 200920654. 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. DAVID S. MEASE is the record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due February 1, 2014. 062-PA-V4 9. As of 06/30/2014,the amount due and owing Plaintiff on the mortgage is as follows: Principal $107,777.23 Interest From 01/01/2014 to 06/30/2014 $2,606.65 Late Charges $215.60 Escrow Advance $116.99 Property Inspections $14.83 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $(10.82) Total $110,720.48 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 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. 062-PA-V4 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$110,720.48,with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: ARMI AIW4 n 117VVVII IV-/ Date: �'( a�1 I Meredith Wooters, Esq., Id. o. 7207 Attorney for Plaintiff 062-PA-V4 Exhibit "A" NOTE JUNE 11, 2009 I Datel lC ity1 (State) 121 HERMAN AVE, LEMOYNE, PA 17043 lftperly Addreml 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I pronuse to pay U.S.$*****116,400.00 (this amount is called"Principal"), plus interest,to the order of the Lender.The Lender is WELLS FARGO BANK, N.A. I will[Hake all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called die"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full aniount of Principal has been paid. 1 will pay interest at a yearly rate of 4.875 %. The interest rate required by this Section 2 is die rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A)Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning onAUGUST 01, 2009 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on JULY 01, 2039 1 still owe amounts under this Note,I will pay diose amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments atWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ ****616-00 4. BORROWER'S RIGHT TO PREPAY I have the right to[Hake payments of Principal at any time before they are due.A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. I may snake a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. len awe. ma„a r�mea MULTISTATE FIXED RATE NOTE-Slrgla Family-Farm,Ma/F,,ddia Mac UNIFORM INSTRUMENT [� Foam 3200 1/01 VMP B yh S M VMP6N(0803).00 NMFL 3200(CNOT)Rev 3/2008 Iniliala: f(� Aape 1 01 3 5. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by tie amount necessary to reduce die charge to the pernutted limit; and (b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received die full amount of any monthly payment by die end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000 %of my overdue payment of principal and interest.i will pay 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 on the date it is due,I will be in default. (C)Notice of Default if 1 am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have die right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'tees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class nail to me at die Property Address above or at a different address if i give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class trail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay die full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligation,:,including die obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of die promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"meams the right to require the Note Holder to demand payment of aniounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE FIXED RATE NOTE-Simple Family-Fannie MWFreddle Mx UNIFORM INSTRUMENT Form 3200 1/01 VMP O VMPSN 10803).00 WO-,XI—Flnw,cial Service. Ird,, Pape 2 of 3 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage, Deed of Trust,or Security Deed(the "Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note.That Security Instrument describes how and under what conditions I may be required to nuke itntnediate payment in full of all amounts i owe under this Note.Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall.give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or denand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. �`"". -(Sea[) (Seal) DAVID S MEASE -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Bormwer (Seal) (Seal) -13orrower -Borrower [Sign Original Only) MULTISTATE FI%ED RATE NOTE•Sirola FamOy-Fm i,Mae/F,eddie Mae UNIFORM INSTRUMENT Form 3200 INf ,MP VMPSN 108071.00 Wdt—KI—,Fi—ial Service• Pape 3 0l 3 lip ••pC:-0^n. 1v .tJJ1:i 1 WIT oUTM�was ZkAllllo 9A(Jf( N.A..V p Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate,lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No.40, Section B,in a plan of lots known as Plan No. 1,of Riverton,Pa.,the said Plan being recorded in the Recorder of Deeds Office for Cumberland County,Pennsylvania,at Carlisle, in Deed Book'J,'Vol.4,Page 40. Said lot fronting thirty-five(35)feet on Herman Avenue, and extending in a northerly direction of the same width, one hundred fifty(150)feet to Peach Alley. BEING THE SAME PREMISES which T. Sandra Nazay,by Deed dated November 22,2004 and recorded November 24, 2004 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,in Deed Book 266,Page 2076,granted and conveyed unto David S.Mease and Patricia R. Mease,formerly husband and wife,Grantors herein. UNDER AND SUBJECT NEVERTHELESS,to conditions,easements,restrictions and other matters of record and any and all matters which an inspection or survey of the property would disclose. PROPERTY ADDRESS: 121 HERMAN AVENUE,LEMOYNE,PA 17043-1936 PARCEL#12-21-0265-373. File#: 949168 i ~ VERIFICATION Carol Swanson, hereby states that his Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matter, that he sis authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi<�nformation 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. Calta Name Carol Swanson Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 07/09//2014 086-PA-V2 File#949168 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF '`'LED -OFFICE OF THE PROTHONOTARY 2014 AUG —5 Al -9: 51 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. David S Mease Case Number 2014-4262 SHERIFF'S RETURN OF SERVICE 07/28/2014 05:25 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: David S Mease at 121 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043-1936.1, aL�n1 Kms' O SHERIFF COST: $46.08 July 29, 2014 (c) CountySuite Sheriff, Teleosofi, Inc. DAWN KELL, DEPUTY SO ANSWERS, RONR ANDERSON, SHERIFF PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. DAVID S. MEASE OF 7 t/E ILEO -OFFICE ROTHCHOTAI • 2014 SEp 29 Ati. •�UMQ 2 7Attorney for Plaintiff PENNAND COUNTY Y aNiA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -4262 -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) DAVID S. MEASE is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DAVID S. MEASE is over 18 years of age and resides at 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date A( 0 fr.( Phel4n 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 949168 Department of Defense Manpower Data Center St Report t to Set -vie ern is Civil. Relief Act Last Name: MEASE First Name: DAVID Middle Name: S Active Duty Status As Of: Sep -26-2014 Results as of : Sep -26-2014 12:46:27 AM SCRA 3.0 On Active Duly On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA fI f 4 `Nri v oN NA This response reflects the inCtvtduals'.actNe dory stews based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA jiA art ^�+M .,t `r i e. _•.: •`No? I. ' ��. NA �, 1 ..til - This response reflects r wh-ere. the individual left active duty states within`4367 d_ays preceding thtiActive Duty Status Date 1 The Member or HIs/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Dale Order Notification Start Dale Order Notification Date Status Service Component NA R,. NA A. %t.. -r_ + t. - No'i ' NA This response reflects whether the individual orhis/tier unit has received early notification to •report for active duly 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, N.A. vs. DAVID S. MEASE CF THE PROTHONO AI. . 2014 OCT -3 All f t : ;;'Attorney for Plaintiff .CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -4262 -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 DAVID S. MEASE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $110,720.48 $110,720.48 I hereby certify that (1) the Defendant's last known address is 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /0/2//r Joni han Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 949168 PROTHONOTARY ate.\ 51to.SO"pail eiu - /4603Z 94 168 )2J-111BF �l/r)A-, 1», ;z PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. DAVID S. MEASE Attorney for Plaintiff • CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -4262 -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) DAVID S. MEASE is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DAVID S. MEASE is over 18 years of age and resides at 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phela/' allinan, LLP Jona an 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 949168 'Department Of Defense Manpower Data Center St'8tus Repart t to Sery cemem: s Civil el of Act Last Name: MEASE First Name: DAVID Middle Name: S Active Duty Status As Of: Oct -02-2014 Results as of : Oct -02-2014 12:08:41 AM SCRA 3.0 On Active Duty On Active Duly Status Date Active Duty Start Date Active Duly End Date - � 'Status - - Service' Component NA NA +•`'ai 'a'.a%,.�" NA t _ tet.. `.. NQ This response reflect theiatdu5 s_acvulyt`eatusbasedZhe Ac�e�0 tatns Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status , Service Component NA�fx::'7lNAi, ,,."k� 1 ,'t:�-`= No':: tl.lk NA This response reflects tehere,the individual left ad+v2'Cittysta'tus within'367.days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active DutyStatus Date Order Notification Start Date Order Notification End Date -- -- ' Status Service Component ' 'lir NA its'•. NA. :, ; ,. }: 1 o/-:` ;. NA This response reflects whether the individual oi'his/her unit haS'fecelved'eariy:n'Stificattag t[iteport 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 Uiiiformed,.Sery,ices(Afrny, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense —Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. vs. DAVID S. MEASE against you on : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -4262 -CIVIL Notice is given that a Judgment in -the above captioned matter has been entered 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.** 949168 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS v. DAVID S. MEASE Plaintiff Defendant(s) TO: DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE OF NOTICE: CIVIL DIVISION NO. 14 -4262 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS 01'1ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED 1 -.EE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By:. PH # 949168 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Michae11 fii erdissen, 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, N.A. Plaintiff v. David S. Mease Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -4262 -CIVIL CUMBERLAND COUNTY $110,720.48 Interest from 10/03/2014 to Date of Sale $2,784.60 ($18.20 per diem) TOTAL Note: Please attach description of property. PH # 949168 $113,505.08 Pl/Ian Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff � , 5o LYj' 11 14/1M )241 I R5 c.. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net WELLS FARGO BANK, N.A. Vs. DAVID S. MEASE WRIT OF EXECUTION NO 14-4262 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $110,720.48 L.L.: $.50 Interest FROM 10/3/2014 TO DATE OF SALE ($18.20 PER DIEM) - $2,784.60 Atty's Comm: Atty Paid: $204.83 Plaintiff Paid: Date: 10/3/2014 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 40, Section B, in a plan of lots known as Plan No. 1, of Riverton, Pa., the said Plan being recorded in the Recorder of Deeds Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book 'J', Vol. 4, Page 40. Said lot fronting thirty-five (35) feet on Herman Avenue, and extending in a northerly direction of the same width, one hundred fifty (150) feet to Peach Alley. UNDER AND SUBJECT NEVERTHELESS, to conditions, easements, restrictions and other matters of record and any and all matters which an inspection or survey of the property would disclose. TI! LE TO SAID PREMISES IS VESTED IN David S. Mease, a single man, by Deed from David S. Mease and Patricia R. Mease, formerly h/w, dated 05/12/2009, recorded 06/18/2009 in Instrument Number 200920653. PREMISES BEING: 121 Herman Avenue, Lemoyne, PA 17043-1936 PARCEL NO. 12-21-0265-373. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312 74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff V. David S. Mease Defendant(s) l'ICED-OFF(CL OF THE PRO THONO TAI, 201110CT -3 Ci I!: 1.0 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff . COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -4262 -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 9] 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: Phjn Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff ells Fargo Bank, N.A. Plaintiff v. David S. Mease Defendant(s) i !LED-OFFICL 3F THE f'ROrHONDTI`,t 2011OCT --3 AN J:i ! CUMBERL(4ND COUNT'( PENNSYLVANIA • COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -4262 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 121 Herman Avenue, Lemoyne, PA 17043-1936. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) David S. Mease 121 Herman Avenue Lemoyne, PA 17043-1936 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) David S. Mease 121 Herman Avenue Lemoyne, PA 17043-1936 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 949168 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 121 Herman Avenue Lemoyne, PA 17043-1936 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 David Mease C/O Joanne Clough, Esquire 3820 Market st Camp Hill, PA 17011 Patricia Mease 9 Northview Dr Carlisle, PA 17013 Patricia Mease CIO Michael S. Travis, Esquire 3904 Trindle rd Camp Hill, PA 17011-4246 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /Pi) /(U By: PH # 949168 Ph : Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. David S. Mease vs. FILED -OE= E= ICL OF THE PROTHONO Taj 2014 OCT -3 AES11:l:I CUMBERLAND COUHTPlaintiff PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -4262 -CIVIL Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David S. Mease 121 Herman Avenue Lemoyne, PA 17043-1936 **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 121 Herman Avenue, Lemoyne, PA 17043-1936 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 $110,720.48 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHER1FF'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 -4262 -CIVIL Wells Fargo Bank, N.A. v. David S. Mease owner(s) of property situate in LEMOYNE BOROUGH, CUMBERLAND County, Pennsylvania, being 121 Herman Avenue, Lemoyne, PA 17043-1936 Parcel No. 12-21-0265-373. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $110,720.48 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 40, Section B, in a plan of lots known as Plan No. 1, of Riverton, Pa., the said Plan being recorded in the Recorder of Deeds Office for Cumberland County, Pennsylvania, at Carlisle, in Deed Book 'J', Vol. 4, Page 40. Said lot fronting thirty-five (35) feet on Herman Avenue, and extending in a northerly direction of the same width, one hundred fifty (150) feet to Peach Alley. UNDER AND SUBJECT NEVERTHELESS, to conditions, easements, restrictions and other matters of record and any and all matters which an inspection or survey of the property would disclose. TITLE TO SAID PREMISES IS VESTED IN David S. Mease, a single man, by Deed from David S. Mease and Patricia R. Mease, formerly h/w, dated 05/12/2009, recorded 06/18/2009 in Instrument Number 200920653. PREMISES BEING: 121 Herman Avenue, Lemoyne, PA 17043-1936 PARCEL NO. 12-21-0265-373. PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT DAVID S. MEASE SERVE DAVID S. MEASE AT: 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH # 949168 SERVICE TEAM/ Ixh COURT NO.: 14 -4262 -CIVIL SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 C;P 7„.., (—). -=,-- 0 -day ofC7C44ct-(20 1 ...-- c..., Served and made known to DAVID S MEASE, Defen nt on the 1 , at , o'clock r. M., at 1 .k.VI N`P. R • ph the manner described bJ w: ....< ) R. KA cl lit efendant personally served. LY dult family member with wpm e efidanVreside(s). Relationship is Co — tAl?'. 1 t -A \--- W SC l,10541 Adult in 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: tbs Desc on: Age S.0 Htbt 33 Weight —wk. 1 hit (3 0 Race k)(it Sex F Other __51 -as.... • „ I, C&. Li , ompe nt 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 alties of 18 Pa. C.S e 4 relat o unsworn falsifica • n to authorities. DATE,(0 a3 NAME: NOT SERVED On the day of , 20_, at o'clock . M., I, state thaTendant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) , a competent adult hereby No Answer on 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. at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 • • OF THE nO T<{Oi OTS R'R Phelan Hallinan LLP Justin F. Kobeski, Esq., Id. No.200 92DE� C - t i ( ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUi. SCI ;L;D COUi:TY One Penn Center Plaza P E N:,: S Y LVA N I A Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. DAVID S. MEASE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 23, 2014. 2. Judgment was entered on October 3, 2014 in the amount of $110,720.48. 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. 949168 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 25, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit Suspense/Misc. Credits $107,777.23 $5,161.72 $215.60 $2,600.00 $583.75 $14.83 $2,323.14 ($10.82) TOTAL $118,665.45 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 3, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 949168 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:W/4 By: Phelan Hallinan, LLP Justin ' . Kobeski squire AT: %I RNEY F 0 ' PLAINTIFF 3 949168 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. DAVID S. MEASE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID S. MEASE 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 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 949168 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 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, 949168 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 949168 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 949168 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 949168 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 fling and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 949168 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 949168 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin obeski, Es uire Att• ey for Plaintif 8 949168 Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. DAVID S. MEASE TILED -01= FICC. OF THE PROTHONOTAl . Mk OCT -3 All j j: ii ttorneyfor Plaintiff CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -4262 -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 DAVID S. MEASE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $110,720.48 $110,720.48 I hereby certify that (1) the Defendant's last known address is 121 HERMAN AVENUE, LEMOYNE, PA 17043-1936, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /0 /)- V Jonian Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 I Lf PH 41 949168 PROTHONOTARY otwA 6110. SOPh �1u P603)1,94 168 12_1.01 11 i Br d I /A7.0 %%%,/moi Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 26, 2014 DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 RE WELLS FARGO BANK, N.A. v. DAVID S. MEASE Premises Address: 121 HERMAN AVENUE LEMOYNE, PA 17043 CUMBERLAND County CCP, No. 14 -4262 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 12/1/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be gui ccot dingy ust K , Esq., Id. No.200392 Alt ey for I? la ti f' 949168 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. DAVID S. MEASE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE: r2/ 3//L/ By: Phelan Hallinan, LLP 949168 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v. DAVID S. MEASE Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL AND NOW, this / S day of lwi4cr 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Cs) Fri r_- -1:j 949168 ./../.‹in F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,7t.. ---AVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 i*CS LC—cL SP 949168 949168 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. DAVID S. MEASE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE: By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 949168 i Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.209,392!, 9 3 1617 JFK Boulevard, Suite 1406:-'1d One Penn Center Plaza , , : COU I i Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 El 9:22 WELLS FARGO BANK, N.A. Plaintiff vs. DAVID S. MEASE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 4, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December 15, 2014 directing the Defendant to show cause by January 5, 2015 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on December 23, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 5, 2015. 2 949168 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. By: , LLP PhelaJustin F. K) eski Esq Id. No.200392 Attorney % Plaintiff n 3 949168 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff v:. DAVID S. MEASE Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL RULE AND NOW, this. /Silk day ofE 4w2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT r• • Ct..) C2 rn 949168 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. DAVID S. MEASE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL Defendant CERTIFICATION OF SERVICE. I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess 40 °AViWrrUttricl` not be granted was served upon the following individual on the date indicated below. DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE: 31 By: Phelan Hallinan, LLP Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 949168 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. DAVID S. MEASE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4262 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DAVID S. MEASE 121 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE: By: Justin F.r.`•eski, E . ., Id. No.200392 Atto ,s! for Plainti Phelan ina LLP 949168 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff vs. DAVID S. MEASE Defendant ORDER AND NOW, this ✓Z ` day of Cri,..7 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Civil Division CUMBERLAND Cou>ty No.: 14-4262-CIVIL.rT� %) , 2015, upon consideration of Plaintiff s•. '.. r+. Principal Balance Interest Through December 25, 2014. Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit Suspense/Misc. Credits $107,777.23 $5,161.72 $215.60 $2,600.00 $583.75 $14.83 $2,323.14 ($10.82) TOTAL $118,665.45 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. CO iter w Leci (3-1- S . Leski. Diu i iL PZ€ se, i/i3/i. 949168