HomeMy WebLinkAbout14-5688 Supreme Court of Pennsylvania
Cour omi&n Pleas
civirc&vef,S"h"eet For Prothonotary Use Only:
CUM4, ., MP County Docket No:
4 do
The information collected on this form is used solely for court administration purposes. This, orm does not
supplement or replace the ilia and service ofpleadings or other papers as re Py law or rules of court.
Commencement of Action:
S 9 Complaint 0 Writ of Summons 0 Petition
E El Transfer from Another Jurisdiction El Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK,NA Lead Defendant's Name: DANIEL R.ICKES
T
I Are money damages requested? 0 Yes 21 No Dollar Amount Requested: 0 within arbitration limits
0 (Check one) 19 outside arbitration limits
N Is this a Class Action Suit? R Yes 9 No Is this an MDJ Appeal? El Yes 21 No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb.Esq.,Id.No 312174 Phelan Halligan,LLP
El Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) C11#111 APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution [71 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle Fl Debt Collection:Other C1 Board of Elections
0 Nuisance 1)Dept.of Transportation
0 Premises Liability F1 Statutory Appeal:Other
0 Product Liability(does not
S include mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E 0 Other: 0 Employment Dispute: Other 0 Zoning Board
C 0 Other:
T
I MASS TORT 0 Other:
0 C1 Asbestos
N 0 Tobacco
F1 Toxic Tort-DES
F1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment Cl Common Law/Statutory Arbitration
B 11 Other: n Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 11 Non-Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY n Mortgage Foreclosure:Commercial 0 Quo Warranto
F1 Dental 0 Partition 0 Replevin
0 Legal Cl Quiet Title 0 Other:
11 Medical 0 Other:
El Other Professional:
Pa.R.C.P. 205.5 Updated 01101120.71
jji }�L- P�4 0 T :.
211 Ep
C11MeEh 'D C 1. 1 y
YLb, il,ti
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
. Plaintiff, NO.:
vs.
DANIEL R. ICKES
21 KLINE HOLLOW ROAD
LIVERPOOL, PA 17045-9124
Defendant.
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:
KIK
062-PA-V5
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, DANIEL R. ICKES, with a last known address of 21 KLINE
HOLLOW ROAD, LIVERPOOL, PA 17045-9124.
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 June 11, 2008, DANIEL R. ICKES made, executed and delivered to
CITIFINANCIAL SERVICES, INC. a Mortgage in the original principal amount of$37,822.15
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 13, 2008, in Instrument No. 200819849. The Mortgage is a matter of public
record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule
relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are
of public record.
6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded June 2,
2010, the mortgage was assigned to WELLS FARGO BANK, N.A which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201014307.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
7. DANIEL R. ICKES is the record and real owner of the aforesaid mortgaged
premises.
062-PA-VS
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 June 16, 2011.
9. As of 09/17/2014, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $35,312.95
Interest $10,053.23
From 06/02/2013 to 09/17/2014
Late Charges $117.60
Escrow Advance $7,926.67
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $53,410.45
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
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 mortgaged premises
is not the principal residence of the mortgagor.
062-PA-VS
12. The mortgage premises are vacant and abandoned.
13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$53,410.45, with interest thereon plus additional costs (including additional escrow
advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged
premises.
By:
Date: /Z �/ Joeomey
an Lobb, Esq., Id. No.312174
1 ( At for Plaintiff
x'
062-PA-VS
Exhibit "A"
Bisdosiw`e Statement, N and Security Agreeme
Borrower(s)(Name and mailing adhlress)
Lender(Name,ac4lmss,city anti stale) Account No.
CITiFINANCIAL SERVICES,
I DANIEL R IC]E5 INC. Date of Utan
32B FOURTH STREET 3401 HARTZDALE DRIVE SUITE 126
NEST FAIRVIEW pA 17025 CAMP HILL PA 17011 06/11/2008
ANNUAL.PFRCF.N7'A(;E RATE I FINANCE CHARGE, Amount Financed Total of Payments
The cost of Borrower's credit as The dollar amount the credit will The amount of credit provided to The amount Borrower will have
a yearly rate. cost Borrower. Borrower or ort Borrower's behalf paid after Borrower has made all
payments as scheduled.
9,51 % S 33,350.21 $ 37,616.27 $ 70,966.48
Payment Schedule:
Ninnher of Amount of when Paytnents i Securit If checked,borrower is giving a security
Pavents Pa mems* Are Due interest n:
® Rea!Property
181 S 392.08 MONTHLY BEGINNING 07/16/2008 Mobile Home or Manufactured Home
$ Late Charge: If a paytrwnt is more than 15 days late,
$ Borrower will Ire charged a late charge of the greater
of S 20_00 or 10.0`.of the payment amount.
$ Prom menu If Borrower pys off early, Borrower:
See the contract documents for any additional information about nonpayment.default, X will not ❑may have to pay a penalty,and
any required repayment in full befure die scheduled date,and prepayment refunds and will nut be entitled to n refund of part of the finance
Penalties. charge.
Dues not include arty insurance premium.
Addi fieri 1 Info n not ion:
T.ml.,nw„t dtk.t—l".wy.nt rnti.dkv hu,v+epranh,rn,N.W. PAINt.YPAL POQIT9 UATE C9IAanliti aF,(ig:
T444
s 37,822,15 s 180.88 06/16/2008
Required Insurance Disdosure:
If Borrower grants Lender a security interest as indicated in this document, insurance to protect the Lender's interest in the cullaternl may be
required. If this ban is secured by real property,or mobilelmanufactured home,then fire,cxG:nded coverage,collision and/or comprehensive
mmaalty insurance is required naming Linder as loss payee, untB'the ban 1s fully paid. The amount of such insurance must be sufficient to
sulisfy the uulmid balance of the loan.or ba wtoal to the value of the collateral, whichever is less, Such insurance inay be provided through an existing
policy or a policy obtained intlelxnrdently and puielased by Borrower. Borrower may obtain such insurance from any insurer that is reasonably
acceptable to Lender.
Optional Insurance Disdesuret
VAwower fu not required to purchase optimal insurance products, such as: Credit Lite, Credit Dkahifity, Involuntary Unempbvmenl
Insurance or any other optional insurance productc. Lender's decision to gram credit will not be affected by Rorrower's decision to purchase
or decline to purchase optional insurance.
Coverage will not he provided unless Borrower sighs and agrees to pay the applicable monthly premium in addition to the monthly Ivan
payment disclosed above.
Borrower shnuld refer to the terms contained In the applicable c"ficate or policy of insurance issued for the exact description of bendier,
exclusions and premium rates.
If Borrower purchases Insurance,llnrrovrerra monthly payment will include both the l'loan p ant dlsClosed above and the applicable
monthly premiams.
[(We request the following insurance: t
Premium Due with First Year's Insurance tl W^�O
the First Month's Premium • Type: First Borrower's Signature Date
Loan Payment
S 26.66 $31$.43 SINGLE CREDIT LIFE
S NONE $ Second Borrower's Signature Date
S ,22.21 $266.47 SINGLE INVOL UN
(•First year's premiums are calculated on lite assumption that monthly loan payments ate timely made). Accrued but unpaid promium, if not paid
earlier,will be due and payable at die time of the final payment on the lose.However,failure to pay premiums may result in termination of insurance
as described below.
Termination of Insurance:
Borrower may cancel any of die optional insurance products offered at any tune" The uptim,al insurance will terminere upon the earliest of the
following-occurrences:
(1) the Leader's receipt of Borrower's written request for tenni a6nn;
(2) ort the dale when the num of past due premiums equal or exceed four tunes the first month•premium;
(3) termination pursuant to the provisions of Ute insurance certificate;
(4) payment in full of Borrower's Loan;
(s} death of&,rmwar.
TERMS: In this Disclosure Statemann, Note and Security Agreement, the word"Borrower"refers to the persons signing below as Borrower,whetter
nue or more. If more than one Borrower signs,each will-be responsible, Individually and together,for all pnar ises made nett for relurying due luau in
full. The word"Lender" refers to the Lender.whose name and address are shown above.
PROMISE TO PAY: In return fur it loan drat Borrower has received,Borrower promises to pay To the order of Lender ire Principal amount shown
above,phis interest on the nupaid Principal balance from the Date Charges Begin shown above until fully puid at die following Ruta of Interest-.
RATE OF INTEREST:
0 9.4176%per annual um the entire unpaid Principal balance.Lender will compute later Aso on the unpaid Principal balance on a daily basis from the
date charges begin until Borrower repays the loan. If Borrower does not make sufficiew or timely payments according to the payment schedule above.
Borrower will incur grunter interest charges on the loan.
Any amount shown above as Points hag been paid by Borrower as points and any Amount shown below as;a Buydown Fee has been paid by a party other
Than Borrower as a baydown fee. These amounts are considered prepaid charges and are in addition to the above Rate,of Interest. Any Points or
Buydown Fee are eared prior to any other interest un the loan balance,and in the event of prepayment of the loan.will not be refundable h+Burrower.
$NONE " haws been paid by a party utter than Borrower as a Buydown Fee.
Principal and interest shall be payable in die substanrially equal monthly irrstalknents shown above,except that any appropriate adjustments will be t
made to die first and final payments,beginning on the first payrnenr date shown sl.ove Unit coulinuing on the same day in each following month until
paid in fill. Upon duo final payment date or the acceleration thereof. the entire outstanding balance of Principal and interest eAdenced by this
Disclosure Statement, Note and Security Agreement shall be dote and payable. Any payment(s)which Lender accepts after the final payment dale or the
acceleration thereof do not constitute it renewal or extension of tris loan unless Lender so determines.
�i.
Over$50,000-7 st Mortgage Borrowers blitials:
PA 25422-14 &2005 0e3ginaY-.=(Branch) •Copy (Customer) Page 1 of
DANIEL R ICi:ES 06/11/2006
Each pey,uent shall be applied as follows: (1)monthly loan payments due(first to interest, then principal), (2)insurance premiums due.(3)unpaid
interest to the date of payment,if any,then(4)principal. Lender may collect interest from and after maturity and after a judgement is entered upon the
unpaid Principal balance at either the maximum rare pernittech by the then applicable law nr tine rate of interest prevailing under this Disclosure
Stuleuteru, Note and Security Agreement.
LATE CHARGE:If any installment is faits rrmru than 15 days after the scheduled payment date,Bnr'rtrwer agrees to pay a late chnrge of the greater
of S 20,00 or 10.0%of the nutallmant amount. Leader may,at its option,waive any late charge or portion thereof willydntt waiving its right to
require a late charge with regard m any other late payment.
PREPAYMENT: Burrower may make a full or partial prepayment of the unpaid Principal balance at any time(check applicable box):
OIf this box is checked,Borrowertnay prepay this keen in whole or in part at any time without penalty. However,upon partial prepayment,interest will
continue to accrue on any remaining Principal balance. Partial prepayment will not affect the amount or due dare of subsequent scheduled payments on
the loan.but may reduce the number of such payments.
If this box is checked and Borrowerprepays rhe entire outstanding Prh,cipal amount of this loan during the first three(3)years from the dare of flvu
foan,Lender rm+y charge Borrow'era prepayment penalty equal to a percentage of the amoamt prepaid as follows: for prepayment in f+di within one
year of the date of the loan,3%;within two years,2%:and within three years,I%. Upon partial prepayment,interest will uuniimro to aa;me at,any
remaining Principal balance. Partial prepayment will not affeet the amount or due date of snbscquent payments tm lbe loan,btu cony reduce the
number of such payments.
Borrower understands if the terms of this puregraph provide for a prepayment penalty,arch terms do not apply to a renewal or refinancing of this loan by
lender,nor to the prepayment of this loan farm the proceeds of any loan mate in the fiahrra by Lender to Hom+wer. No prepayment clwrge will he
collected if the loan is accelerated due to Borrower's default or Lender's exercise of any due on sale clause un the Deed of Tnist securing this ohlipalion.
SECURITY: This Ivan is secured by a lien against the real property located at 316 POURTH STREET
WEST FAIRVIEK PA 17025
See Mortgage or Deed of Trust for terns applicable to Lender's interest ht Borrower's real property("Property").
INSURANCE: If Borrower purchases any insurance at Lender's office. Borrower understands and acknowledges that(1)the insurance company may
be affiliated with Lehr.(2)Lender's employees)may be an agent for Elie insurance company,(3)such employee(s)is not aerbng as the agent,broker
or fiduciary for Borrower on this loan,but may be the agent of the insurance company,and(4)Leafier or 010 insurance company may realize some
benefit from the sale of chat insurance. If Borrower fails to obtaie or maintain nay required insurance or fails to designate an agent through whom the
insurance is to be tAiained, Lender may purchase such regcired insufanoe for Borrower through an agent of Lender's choice,and the amounts paid by
Leader will he added to file unpaid balance of da tan.
RETURNED CHECK FEES:Lender may charge a fee,not to exceed S 20.00,if a check,negotiable order of withdrawal or share draft is returned
for h,sufficlent funds or insufticiem credit.
LOAN CHARGES: If a law that applies to this loan and that sets nmximau loan charges, is finally interpreted so that the huarest or other loan
charges collected or to he collected in connection with this loan exceed the permitted limits, then(i) any such loan charge will be reduced by the
ana.unt,leee.�sary t,reduce the charge to the permitted limit,and(ii)any stuns already collected from Borrower that exeeedled permitted limits will be
refunded to Borroftr. Leader relay choose In make this refund by reducing the principal owed under this loin or by making a direct payment to
&,rrover. If a refund reduces principal,the redaction will he treated as a partial prepayment without any prepayment charge.
DEFAULT: Borrower will be in default if he thus Tad make airy scheduled payment on time or fails to comply with the provisions of any mortgage on
the real property which secures this loan. If Harrower defaults, Lender may require Borrower to repay the entire unpaid Principal balance and any
accrued interest at once. Lender's failure to exercise or delay in exercising any of its rights wbcn default occurs does not constitute a waiver of those
or any other rights under this agreement. As permitted by Pennsylvania Law, Borrower agrees to pay notntd and reascatnble attumey's fees, court
costs, and other actual and reasonable costs incurred in foreclosing on the real properly.securing this loan. Borrower will receive wrirten notice at
(cast 30 dhoys prior to foreclosure.
LAW'CHAT APPLIES: Pennsylvania law aTW federal law,as al>)ilicable, govern this Disclosure Statement. Note'and Security Agreement, if any pelt
is oneriforceable,this'will not make any other part unenforceable. In.no event will Borrower he required to pay interest or charges in excess of those
pennitred by law.
Borrower, eador4cr4, sureties and guarantors, to the extent petmftted by law, suveralh)' waive their right to require Lender to demand paymenr of
&Monts due, to give notice of amounts that have not been paid, to reeeiJe notice of any extensions of time to pay which Lender allows to any
Bvrruw,er and to require Lender to show particular diligence in bringing sail against anyone responsible for repayment of this tan,read additionally,
waive benefit of homestead and exemption laws now in force or later enacted,including stay of execution and condemnation,no any property securing
this loan said waive tie benefit of valuation and appraisement.
This Disclosure StatamanL Note and Security Agreement shall be the joint and several obligation of all makers,sureties,guarantors and endorsers and
shall be binding upon them,their heirs.successors,legal represenudves and assigns.
If any part of die Disclosure Statement, Note and Security Agreement and,if applicable,the Mortgage or Deed of Trust and accompanying Itemization
of Anntamt Financed is unenforceable,this will not make any olloer part unenforceable.
REFIY.AKCING: The overall cost of refinancing an existing loan balance may be greater than the cost of keeping the existing loan and obtaining a
i second loan for any additional funds Borrower wishes to borrow.
i
(Intentionally left blank)
Over S50,11t10-tel Mortgage
Borrower's Inhisls:
PA 25422-14 8/2003 O�i'gina2(8icanch) Copy (Customer) page 2 of 3
DANIEL'R T;;:IO?S 06/11/2006
AUTHORILA'CION'I'U USE CREDIT REPORT: By
ting below,Borrowerautborizes Lender to obtain
Borrowereview and use information contained in the
s credit report order to determine whether the Borrower may qualify for products and services offered by Lender, This authorization
terminates when Borrower's outstanding balance due under this Disclosure Statement,None and Security Agreement is paid in full.'Borrower may cancel
such authorization at anytime by writing the following:Traasaclinn Processing,300 St.Paul Place,BSP13A.Baltimore;MD 21202. In order to process
Borrower's request,Lettder must be pn+vided Borrower's full note,address-social security number and account number.
The following notice applies only if this box is checked.
NOTICE
NY ER CREDIT CONTRACT IS
LDEBTOROULD ASSERT DER OF THIS AGANST THE SELER OF GOODSO SERVICES OBTJECT TO ALL AINED WIHETM POCEEDS
kN
OVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAM BY THE DEBTOR
By signing below, Borrower agrees to the terms contained herein,acknowledg"receipt of a copy of this Disclosure Statement, Note and Security
Agreement and,if applicable,the Mortgage or Doed of Trust and of the accompanying itemization of Amount Financed,and tuthnrirss Iba disbursememS
stated thamin,
WITNE SE; S: SIGNED:
Jam' � (Seel)
DANIEL R IC S -Bormwer
'Seal)
-Borrower
(Seal)
Borrower
CITIFINANCIAL SERVICES INC.
By:
4iine and Ti e) 06/11/200$ 16:44:05
SECURITY INTEREST OF NONOBLIGOR:Borrower only is persunally liable fur pryment of the loan. Noonbligor is liable and bmmd by all other
terms,amdiaiona,covenants,and agreements contained in this Disclosure Statement. Note and SecurityA reemend,including
and power of Lender a� g but ani limited hr the right
Po repossess and sell the Property securing this loan,in the event of default by Burrower in payment of this Iran.
(Sea l) (Seal)
Signature' Data Signature� Date
Over 450,000-I st Mortgage
PA 25422-14 8/2005 Original (Branch) Copy (customer)
Page 3 of 3�
NOTE ALLONGE
J/11J e�rd�psanre�il id i�r ��rlcv/lirlm and s/ia�/G�r/"t edlad of//�e �to rr/rM/r it is atlar/ed
Borrower: DANIEL R ICKES
Date of Loan: 6/11/2008 '
Amount of Loan: 37822.15
Property Address: 318 FOURTH STREET
City, State, Zip: WEST FAIRVIEW, PA 17025
Loan Number:
Pay to the order of
Wells Fargo Bank,N.A.
Without recourse
CITIFINANCIAL SERVICES,INC.
By
Gregory Lech r
Executive Vice President
May 6,2610
Wells Fargo Loan Number:
WITHOUT RECURSE
AY TO THE OR ER OF
WELLS F BANK, N.A.
BY
SAMUEL C.S ISLLEY,SENIOR ICE PRESIDENT
0022
Exhibit "B"
LEGAL DESCRIPTION
ALL those certain pieces or parcels of ground situate in the Borough of West Fairview,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western line of Fourth (formerly Railroad) Street 46 1/4 feet,
more or less, south of the southern line of Lot 19; thence in a westerly direction tluough the
center of the partition wall of a double house 140 feet, more or less, to a point on the eastern line
of a 20 feet wide alley;thence in a southerly direction along the eastern line of said alley 21 1/4
feet, more or less, to a point; thence in an easterly direction along the line of right angles to
Fourth Street 140 feet, more or less, to a point; thence in a northerly direction along the western
line of said Fourth Street 21 1/4 feet, more or less, to a point, the place of BEGINNING.
BEING part of Lots Nos. 21 and 22 in the Plan of Lots laid out by the Trustees of the Estate of
James McCormick, deceased,recorded in Deed Book G, Vol. 6, Page 500, Cumberland County
records.
HAVING thereon erected the southern half of a double 2 1/2 story frame dwelling house known
and numbered as 318 Fourth Street, West Fairview, PA..
PROPERTY ADDRESS: 318 FOURTH STREET,EAST PENNSBORO, PA 17025
PARCEL#45-17-1044-162.
File k 950521
VERIFICATION
Jasmin McLean, hereby states that he6s Vice President Loan Documentation of
WELLS FARGO BANK,N.A.,plaintiff in this matter, that he she s authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his er ' formation 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.
Nam : Jasmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 09/18/2014
086-PA-V2 File# 950521
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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 950521
IN THE COURT OF COMMON
WELLS FARGO BANK,NA PLEAS
3476 STATEVIEW BOULEVARD OF CUMBERLAND COUNTY,
FORT MILL, SC 29715 PENNSTLVANIA
Plaintiff(s)
vs. ,
DANIEL R. ICKES C-)
21 KLINE HOLLOW ROAD
LIVERPOOL,PA 17045-9124
Defendants) Ciel---a
NOTICE OF RESIDENTIAL MORTGAGED:_ - '
FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you
may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have an attorney,you must take the following steps to be eligible for a
conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact
MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request
appointment of a legal representative at not charge to you. Once you have been appointed a legal
representative,you must promptly meet with the legal representative within twenty(20)days of the
appointment date. During that meeting,you must provide the legal representative with all the requested
financial information so that a loan resolution proposal can be prepared on your behalf. if you and your
legal representative complete a financial worksheet in the format attached hereto,the legal representative
will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the
Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled,you will have an opportunity to meet with a representative of your
lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure
suit proceeds forward.
If you are represented by a.lawyer,you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative.However,you must provide your lawyer with all the requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work
our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward,
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date Sign e of Counsel for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Date Financial Worksheet
Cumberland County Court of Common Please Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOM E11/13M M AIZY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Email: Cell: Other:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date you Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number& attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ _ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wage's):
I• monthly amount:
2 monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses• (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) CondO Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other
Install. Loan Payprop. payment Cable TV
Child Support/Alim. Spending Money
Da /Child Care/Tuft. Other.Ex enses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ❑ No ❑
If yes,please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We,
named touse/refer this information to my lender/servicer orize he above
sole purpose of evaluating my financial situation for possible mortgage optionsfor the
understand that I/we am/are under no obligation to use the services provided I/We
named
by the above
Borrower Signature
Date
Co-Borrower Signature
Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter) ion
6. Listing agreement(if property is currently on the market)
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
1L .0 i?i� FiCW
J THE PR0TH0N0TAE
ZM M'ii OCT 2 I PM 2: 58
CUMBERLAND COUNTY
PENNSYLVANIA
0F.FlOE OF THE w€ RiFP
Wells Fargo Bank, N.A.
vs.
Daniel Ickes
Case Number
2014-5688
SHERIFF'S RETURN OF SERVICE
09/26/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Daniel Ickes, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
10/06/2014 03:27 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of Perry County upon Daniel Ickes, personally, at
Courthouse, New Bloomfield. Carl E. Nace, Sheriff, Return of Service attached to and made part of the
within record.
10/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Daniel Ickes, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 318 Fourth Street, East
Pennsboro, Enola, PA 17025.
SHERIFF COST: $63.95 SO ANSWERS,
October 09, 2014 RONNY R ANDERSON, SHERIFF
ici CountySuite Sherif(, Tel oscft, Inc.
Wells Fargo Bank, N.A.
Versus
Daniel Ickes
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 2014-5688 Cumberland Co.
SHERIFF'S RETURN
And now October 6 , 2014: Served the within name Daniel Ickes
the defendant(s) named herin, personally at
Perry County, PA, on October 6 , 2014 at 3:27 o'clock PM
by handing to Daniel Ickes, defendant
copy(ies) of the within Complaint in Mortgage Foreclosure &
Notice
and made known to him thecontents thereof
Sworn and subscribed/rto before me this
Oth
et,a L° j&4-141d9—
aer;fi— -Eissvt4WiRitely—
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL public
MARGARET F. FLICKINGER, Notary
Bloomfield Boro, Perry County
My Commission Expires February 16, 2016
day of
Bloomfield Boro-
Courthouse, New
Bloomfield,
1 true and attested
1 So ans ers
Deputy Sheriff of Perry County
OF. THE PROTHONOTARY
t0•I4.NOV 24. O:5Ail
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.31217 Ui` BERLt\Q.) COUNTY
1617 JFK Boulevard, Suite 1400 • PENNSYLVANIA
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
vs.
DANIEL R. ICKES
• Attorney for Plainiiff •
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -5688 -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 DANIEL R. ICKES 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 DANIEL R. ICKES is over 18 years of age and resides at 21
KLINE HOLLOW ROAD, LIVERPOOL, PA 17045-9124 and 318 FOURTH STREET, EAST
PENNSBORO, PA 17025.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
P n Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
950521.
Department of Defense Manpower Data Center
ee Civil Relief Act
Last Name: ICKES
First Name: DANIEL
Middle Name: R
Active Duty Status As Of: Nov -21-2014
Results as of : Nov -21-2014 12:05:24 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duly End Date
Status
Service Component
NA
NA
No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense ManpOwer Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
;4#A
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
PHELAN HALLINAN, LLP
PETER WAPNER, Esq., Id. No.31
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
vs.
DANIEL R. ICKES
FILED-3FVICE
OF THE MO THOt-IOTARY
20.14110V 25 fi:110: 141
8263
OUKBEc11\13 COUNTY
RE11;.!SYLVAIHA
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -5688 -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 DANIEL R. ICKES,
Defendant(s) for failure to file an Answer to Plaintiffs 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 $53,410.45
TOTAL
$53,410.45
I hereby certify that (1) the Defendant's last known addresses are 21 KLINE HOLLOW
ROAD, LIVERPOOL, PA 17045-9124 and 318 FOURTH STREET, EAST PENNSBORO, PA
17025, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date
PE1'ER WAPNER, Esq., Id.
No.318263
Attorney for, aintif
DAMAGES A RE HEREBY ASSESSED AS INDICATED.
DATE:
PH #950521
PROTHONOTARY
apAA giti.Stobt
950521
1(11SCNCLI
3A. Ail al& led VFn
PHELAN HALLINAN, LLP
PETER WAPNER, Esq., Id. No.318263
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, NA
vs.
DANIEL R. ICKES
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -5688 -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) DANIEL R. ICKES 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 DANIEL R. ICKES is over 18 years of age and resides at 21
KLINE HOLLOW ROAD, LIVERPOOL, PA 17045-9124 and 318 FOURTH STREET, EAST
PENNSBORO, PA 17025.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
950521
Department of Defense Manpower Data Center
Status Report
Pursuant to Servioemembers Civil Relief Act
Last Name: ICKES
First Name: DANIEL
Middle Name: R
Active Duty Status As Of: Nov -24-2014
Results as of : Nov -24-2014 12:11:11 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA .., +LYS: _ a,
N0
NA
This response rettecta the'indivfduats active duty status based on the Active Duty Status Date
The Member or His/Her Unit Was Noted of a Future Call -Up to Active Duty an Active Duty Status Date
Lea 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 whe her the individual oFhis/her unit has receive yearly nbfification to report for active duty
f - NA ... -
y
'r i •d No; :.
NA
This response reflects Where the individual lea act
dutystatus within367 daysspreceding the Active Duty Status Date
The Member or His/Her Unit Was Noted of a Future Call -Up to Active Duty an Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
?,. NA A. `. ' "^-
.*. l!V .Nc'{f ` 1
NA
This response reflects whe her the individual oFhis/her unit has receive yearly nbfification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,.based on ttie information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the UntformedServices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK, NA
vs.
DANIEL R. ICKES
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -5688 -CIVIL
Notice is give ;hatt a Judgment in the above captioned matter has been entered
against you on �' I /. ,�
Bv•
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
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. **
950521
WELLS FARGO BANK, NA COURT OF COMMON PLEAS
v.:
DANIEL R. ICKES
Plaintiff
Defendant(s)
TO: DANIEL R. ICKES
318 FOURTH STREET
EAST PENNSBORO, PA 17025 •
DATE OF NOTICE:. 1, 1 t I 'Cf
CIVIL DIVISION
NO. 14 -5688 -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 I.ROM 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 O I.E,R LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 950521
By:.;
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
07)24%3166
PETER WPhll'.; Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plata
Philadelphia, PA 19103
WELLS FARGO BANK, NA COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
DANIEL R. ICKES
Defendant(s)
TO: DANIEL R. ICKES
2] KLINE HOLLOW ROAD
LIVERPOOL, PA 17045-9124
DATE OF NOTICE:
tP/
NO. 14 -5688 -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 OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF~rER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED:FEE ORNO FEE
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 950521
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
By:.
PETER WNER, Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Wells Fargo Bank, NA
Plaintiff
V.
Daniel R. Ickes
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
: COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 14 -5688 -CIVIL
: CUMBERLAND COUNTY
$53,410.45
Interest from 11/26/2014 to Date of Sale $1,668.20
($8.78 per diem)
TOTAL $55,078.65
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PH # 950521
nA-POR,50 611
1,3 66 W
"
1(1
So c7, ibb
a4c- Y f20
2_# Sl 4'013
:1-sc(pe d
t
LEGAL DESCRIPTION
ALL those certain pieces or parcels of ground situate in the Borough of West Fairview,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western line of Fourth (formerly Railroad) Street 46 1/4 feet,
more or less, south of the southern line of Lot 19; thence in a westerly direction through the
center of the partition wall of a double house 140 feet, more or less, to a point on the eastern line
of a 20 feet wide alley; thence in a southerly direction along the eastern line of said alley 211/4
feet, more or less, to a point; thence in an easterly direction along the line of right angles to
Fourth Street 140 feet, more or less, to a point; thence in a northerly direction along the western
line of said Fourth Street 21 1/4 feet, more or less, to a point, the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN Daniel R. Ickes, single man, by Deed from
Darlien M. Frey and Michael J. Frey, Executors of the Last Will and Testament of John W. Frey,
deceased, dated 07/29/1993, recorded 08/02/1993 in Book L 36, Page 131.
PREMISES BEING: 318 Fourth Street, East Pennsboro, PA 17025
PARCEL NO. 45-17-1044-162.
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.
Daniel R. Ickes
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 14 -5688 -CIVIL
CUMBERLAND County
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By: 6d
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Wells Fargo Bank, NA
Plaintiff
v.
Daniel R. Ickes
Defendant(s)
COURT OF COMMON PLEAS
• • CIVIL DIVISION
NO.: 14 -5688 -CIVIL
CUMBERLAND COUNTY
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 318 Fourth Street, East Pennsboro, PA
17025.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Daniel R. Ickes 318 Fourth Street
East Pennsboro, PA 17025
21 Kline Hollow Road
Liverpool, PA 17045-9124
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Daniel R. Ickes 318 Fourth Street
East Pennsboro, PA 17025
21 Kline Hollow Road
Liverpool, PA 17045-9124
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)
Citifinancial Services, Inc. 3401 Hartzdale Drive, Suite 126
Camp Hill, PA 17011
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)
East Pennsboro Township 98 South Enola Drive
Enola, PA 17025
PH # 950521
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant 318 Fourth Street
East Pennsboro, PA 17025
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
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:
PH
PH # 950521
By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
Wells Fargo Bank, NA
Daniel R. Ickes
c
vs.
: COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
: NO.: 14 -5688 -CIVIL
Defendant(s) : CUMBERLAND County
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Daniel R. Ickes
21 Kline Hollow Road
Liverpool, PA 17045-9124
Daniel R. Ickes
318 Fourth Street
East Pennsboro, PA 17025
**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 318 Fourth Street, East Pennsboro, PA 17025 is scheduled to be sold at the
Sheriff's Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $53,410.45 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 -5688 -CIVIL
Wells Fargo Bank, NA
v.
Daniel R. Ickes
owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND
County, Pennsylvania, being
318 Fourth Street, East Pennsboro, PA 17025
Parcel No. 45-17-1044-162.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $53,410.45
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL those certain pieces or parcels of ground situate in the Borough of West Fairview,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western line of Fourth (formerly Railroad) Street 46 1/4 feet,
more or less, south of the southern line of Lot 19; thence in a westerly direction through the
center of the partition wall of a double house 140 feet, more or less, to a point on the eastern line
of a 20 feet wide alley; thence in a southerly direction along the eastern line of said alley 21 1/4
feet, more or less, to a point; thence in an easterly direction along the line of right angles to
Fourth Street 140 feet, more or less, to a point; thence in a northerly direction along the western
line of said Fourth Street 21 1/4 feet, more or less, to a point, the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN Daniel R. Ickes, single man, by Deed from
Darlien M. Frey and Michael J. Frey, Executors of the Last Will and Testament of John W. Frey,
deceased, dated 07/29/1993, recorded 08/02/1993 in Book L 36, Page 131.
PREMISES BEING: 318 Fourth Street, East Pennsboro, PA 17025
PARCEL NO. 45-17-1044-162.
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
WELLS FARGO BANK, NA
Vs.
DANIEL R. ICKES
WRIT OF EXECUTION
NO 14-5688 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: $53,410.45 L.L.: $.50
Interest FROM 11/26/2014 TO DATE OF SALE ($8.78 PER DIEM) - $1,668.20
Atty's Comm: Due Prothy: $2.25
Atty Paid: $224.70 Other Costs:
Plaintiff Paid:
Date: 12/22/14
(Seal)
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD, SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
David D. Buell, Proth notary
By:
Deputy
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
v.
DANIEL R. ICKES
L.
L;
ATTORNEY FOR PLAINTIFF
II: 02
lr:. D COi..i TY
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -5688 -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 September 26,
2014.
2. Judgment was entered on November 25, 2014 in the amount of $53,410.45. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on June 3, 2015.
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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 January 20, 2015
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Escrow Deficit
$35,312.95
$11,189.49
$117.60
$2,775.00
$848.10
$385.00
$221.74
$7,926.67
TOTAL $58,776.55
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 January 15, 2015 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) 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.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: 1 itCPC By:
Phelan Hallinan, LLP
Jo an Lobb, Esquire
A TORNEY FOR PLAINTIFF
950521
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
v.
DANIEL R. ICKES
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
•
Civil Division
CUMBERLAND County
No.: 14 -5688 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
DANIEL R. ICKES 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
318 FOURTH STREET, EAST PENNSBORO, PA 17025. 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
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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. 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,
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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).
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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.
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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.
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VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff s sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
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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
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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: 1 f1s /t.c.
By:
Phelan Hallinan, LLP
8
than Lobb, Esquire
ttomey for Plaintiff
950521
yr
Of THE PROTHONOTARY
PERI HALLMAN, LLP
PETER WAPNER, Esq., Id. No31AM°V 25 Ail ID: 4 I
1617 JPICBoulevard.S'uite 14QI CUMBERLAND COUNTY
rP i�NJSYVNIA
OiKkeiin Philadelphia, PA 19103
patermapaet@phelanhallinan.com
21540-7600
Attorney :for Plaintiff
WELLS FARGO BANK, NA CUMBERLAND COUNTY
vs. COURT OF COMMON PLEAS
DANIEL R. ICKES : CIVIL DIVISION
: No. 14 -5688 -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 DANIEL R. ICKES,
Defendant(s) for failureto 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
$53,410.45 ..
$53,410.45
I hereby certify that (1) the Defendant's last known addresses are 21 KLINE HOLLOW
ROAD, LIVERPOOL, PA 17045-9124 and 318 FOURTH STREET, EAST PENNSBORO, PA
17025, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date
PETER WAPNER, Esq., Id.
No.318263
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: I qas 1�`"�
PH # 950521
47)3
PROTHONOTARY
•
950521
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
January 9, 2015
DANIEL R. ICKES
21 KLINE HOLLOW ROAD
LIVERPOOL, PA 17045-9124
RE: WELLS FARGO BANK, NA v. DANIEL R. ICKES
Premises Address: 318 FOURTH STREET EAST PENNSBORO, PA 17025
CUMBERLAND County CCP, No. 14 -5688 -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 1/14/2015.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very truly your
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Enclosure
950521
Name and
Address
Of Sender
Phelan Hallinan, LLP
110 1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia; PA 19103
JOH.
Linc
Article Number
Name of Addressee, Street, and Post Office Address
Postage
1
****
DANIEL R. ICKES
30.47
21 KLINE HOLLOW ROAD
LIVERPOOL, PA 17045-9124
2
****
DANIEL R. ICKES
30.47
318 FOURTH STREET •
EAST PENNSBORO, PA 17025
RE: DANIEL R. ICKES (CUMBERLAND) PH # X50521/1200 Page 1 of 1
50.94
Total Number of
Total Number of Pieces
Postmaster, Per (Name of
The full declaration of value is required on all domestic end international registered mail. The
Pieces Listed by Sender
Received at Post Office
Receiving Employee)
for the reconstruction of nonnegotiable documents under Express Mail document reconstntctic
piece subject to o limit of 3300,000 per occurrence_ The maximum indemnity payable on Exp
The maximum indemnity payable is 523,000 for registered mail, sent with optional insurance.
R900 S913 and 5921 for limitations of coverage.
For.
3877 Facsimile
9505
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
v.
DANIEL R. ICKES
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County,
No.: 14 -5688 -CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
DANIEL R. ICKES
21 KLINE HOLLOW ROAD
LIVERPOOL, PA 17045-9124
DATE: (it(' l C
By:
Jonathan Lobb, Esquire
ATTORNEY FOR PLAINTIFF
DANIEL R. ICKES
318 FOURTH STREET
EAST PENNSBORO, PA 17025
Phelan Hallinan, LLP
950521