HomeMy WebLinkAbout14-6131 Supreme Court of Pennsylvania
Cour .b Common Pleas
is,ti r For Prothonotary Use Only:
vll- Vef, et ,
C J. E ANDr County Docket
Coun Docket No:
t es V y s,
u
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.
Commencement of Action:
S Z Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: EARL A. SHATTO,TRUSTEE OF
T THE EARL A. SHATTO REVOCABLE LIVING TRUST U/D/T
DECEMBER 23,2003
Are money damages requested.
o ❑Yes 9 No Dollar Amount Requested: 13within arbitration limits
Q (Check one) Z outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff/AppelIant's Attorney: Kenya Bates,Esq.,Id.No.203664,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 VASE.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 PIaintiff 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:
O ❑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
Z 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.CP. 205.5 Updated 01/0112011
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#: 952646
�tE_j � dCLt "c
PHELAN HALLINAN, LLP
Kenya Bates, Esq., Id. No.203664 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
kenya.bates@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK, N.A.
C/O WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 ay�
Plaintiff, NO.:
vs.
EARL A. SHATTO, TRUSTEE OF THE EARL A.
SHATTO REVOCABLE LIVING TRUST U/D/T
DECEMBER 23, 2003
C/O STEVEN A. SHATTO
486 BRICKCRAFTER ROAD
NEW OXFORD, PA 17350-9670
THE EARL A. SHATTO REVOCABLE LIVING
TRUST U/D/T DECEMBER 23, 2003
13 8 HENRY ROAD
ENOLA, PA 17025-2137
Defendants.
CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE
S
062-PA-v5 a
And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., C/O WELLS FARGO BANK,
N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, EARL A. SHATTO, TRUSTEE OF THE EARL A. SHATTO
REVOCABLE LIVING TRUST U/D/T DECEMBER 23, 2003, with a last known address of
C/O STEVEN A. SHATTO, 486 BRICKCRAFTER ROAD, NEW OXFORD, PA 17350-9670.
3. The Defendant is, THE EARL A. SHATTO REVOCABLE LIVING TRUST
U/D/T DECEMBER 23, 2003, with a last known address of 138 HENRY ROAD, ENOLA, PA
17025-2137.
4. 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.
5. 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.
6. On or about September 27, 2007, EARL A. SHATTO, TRUSTEE OF THE
EARL A. SHATTO REVOCABLE LIVING TRUST U/D/T DECEMBER 23, 2003 made,
executed and delivered to PNC MORTGAGE, LLC a Mortgage in the original principal amount
of$220,500.00 on the premises described in the legal description marked Exhibit "B", attached
hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of
CUMBERLAND County on October 11, 2007, in Instrument No. 200739150. 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
062-PA-VS
those documents are of public record.
7. Plaintiff is the current Mortgagee and is in the process of recor
of Mortgage, ding an Assignment
8. EARL A. SHATTO, TRUSTEE OF THE EARL
LIVING TRUST U/D/T DECEMBER 23, 2003 is the record and
A' SHATTO REVOCABLE
real owner of the aforesaid
mortgaged premises.
9. The mortgage is in default as a result of the mortgagedremis
Principal residence of the Mortgagor and the mortgaged premises is notP es ceasing to be the
at least one other borrower as more fully set forth in Paragraph 9(b) of
the principal residence of
said mortgage.
10. As of 08/29/2014 the amount due and owing plaintiff on the a mortgage is as
Principal
$132,643.23
Interest
$112.95
Property Inspections/Preservation
PMIIMIP Insurance $ 80.00
Other (Service Fee) $ 50.88
(Appraisal Fee) $ 30.00
$720.00
Escrow Balance Credit
Credits to Borrower $ 0.00
$ 0.00
Total
$ 133,637.06
Plus interest and all other additional amounts authorized under the Mortgage
Law, actually and reasonably incurred by Plaintiff including but not limit ge and Pennsylvania
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff resery a costs (including
a motion in the above-captioned action to add such additional sums authorized u the right to file
Mortgage and Pennsylvania Law to the above amount due and Owingwhen • under the
en incurred
062-PA-VS
11. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
12. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
13. The mortgage premises are vacant and abandoned.
14. 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$133,637.06, 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: �� �� �� Kenya B es, Esq., Id.No.203664
Attorney for Plaintiff
062-PA-V5
Exhibit "A"
ADJUSTABLE RATE NOTE
(HOME EQUITY CONVERSION)
FHA Case No
NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.THIS NOTE LIMITS THE MAXIMUM RATE I MUST PAY.
SEPTEMBER 27, 2007
138 HENRY ROAD
ENOLA, PA 17025
IPropeny Addressl
1.DEFINITIONS
"Borrower"means each person signing at the end of this Note. "Lender"means
PNC MORTGAGE, LLC
and its successors and assigns. "Secretary" means the Secretary of Housing and Urban,
Development or his or her authorized representatives.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for amounts to be advanced by Lender to or for the benefit of Borrower under the
terms of a Home Equity Conversion Loan Agreement dated 09/27/07 ("Loan
Agreement"I, Borrower promises to pay to the order of Lender a principal amount equal to the sum
of all Loan Advances made under the Loan Agreement with interest. Interest will be charged on
unpaid principal at the rate of FIVE AND 110/1000
percent ( 5.110%) per year until the full amount
of principal has been paid. The interest rate may change in accordance with Paragraph 5 of this
Note. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each
month.
3.PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument
that is dated the same date as this Note and called the "Security Instrument." That Security
Instrument protects the Lender from losses which might result if Borrower defaults under this Note.
4.MANNER OF PAYMENT
(A)Time
Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a
notice by Lender requiring immediate payment in full,as provided in Paragraph 7 of this Note.
(8)Place
Payment shall be made at PNC MORTGAGE, LLC
3480 STATEVZEW BLVD, MAC X7802-038
PORT MILL, SC 29715-7203 800-472-3209 orany
such other place as Lender may designate in writing by notice to Borrower.
(C)Limitation of Liability
Borrower shall have no personal liability for payment of the debt, Lender shall enforce the
debt only through sale of the Property covered by the Security Instrument("Property").If this
Note is assigned to the Secretary, the Borrower shall not be liable for any difference between •
the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including
accrued interest, owed by Borrower at the time of the assignment.
5.INTEREST RATE CHANGES
IA)Change Date
The interest rate may chang,Lq n the first day of DECEMBER 2007 and on ❑that
day of each succeeding year IJthe first day of each succeeding month. "Change Date"
means each date on which the interest rate could change.
(B)The Index
Beginning with the first Change Date,the interest rate will be based on an Index. "Index"
means the weekly average yield on United States Treasury Securities adjusted to a constant
maturity of one year, as made available by the Federal Reserve Board. "Current Index" means
the most recent Index figure available 30 days before the Change Date. If the Index las defined
above) is no longer available, Lender will use as a new Index any index prescribed by the
Secretary.Lender will give Borrower notice of the new Index.
(C)Calculation of Interest Rate Changes
ONE Before each Change Date,Lender will calculate a new interest rate by adding a margin of
percentage points ( 1.000 %)to the Current Index. Subject to the limits
stated in Paragraph 5(0) of this Note, this amount will be the new interest rate until the next
Change Date.
ID)Limits on Interest Rate Changes
❑ The interest rate will never increase or decrease by more than two percentage points
(2.0%1 on any single Change Date.The interest rate will never be more than five percentage
points(5.0%1 higher or lower than the initial interest rate stated in Paragraph 2 of this Note.
❑X The interest rate will never increase above FIFTEEN AND 110/1000
(E)Notice of Changes percent 1 15.110%).
Lender will give notice to Borrower of any change in the interest rate.The notice must be
given at least 25 days before the new interest rate takes affect,and must set forth(i)the date
of the notice, (ii) the Change Date, (iii)the old interest rate, (iv)the new interest rate, Iv)the
Current Index and the date it was published, Ivi)the method of calculating the adjusted interest
rate, and(vii) any other information which may be required by law from time to time.
0079598363
NMFL A8812PA(OAPAI Rov 0510812006
62XA:06/04 Pege 1 of 3
(F)Effective Date of Changes
A new interest rate calculated in accordance with paragraphs 5(C)and 5(D) of this Note will become
effective on the Change Date, unless the Change Date occurs less than 25 days after Lender has given
the required notice. If the interest rate calculated in accordance with Paragraphs 5(C) and 5(D)of this
Note decreased, but Lender failed to give timely notice of the decrease and applied a higher rate than
the rate which should have been stated in a timely notice,then Lender shall recalculate the principal
balance owed under this Note so it does not reflect any excessive interest.
6. BORROWER'S RIGHT TO PREPAY
A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or
penalty.Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note
described in Paragraph 11 of this Note and then to reduce the principal balance of this Note.
All prepayments of the principal balance shall be applied by Lender as follows:
First,to that portion of the principal balance representing aggregate payments for mortgage
insurance premiums;
Second,to that portion of the principal balance representing aggregate payments for servicing fees;
Third,to that portion of the principal balance representing accrued interest due under the Note;and
Fourth, to the remaining portion of the principal balance.A Borrower may specify whether a
prepayment is to be credited to that portion of the principal balance representing monthly paymerits
or the line of credit.If Borrower does not designate which portion of the principal balance is to be
prepaid, Lender shall apply any partial prepayments to an existing line of credit or create a new line
of credit.
7. IMMEDIATE PAYMENT IN FULL
(A)Death or Sale
Lender may require immediate payment in full of all outstanding principal end accrued interest if:
Ii)A Borrower dies and the Property is not the principal residence of at least one surviving Borrower,
or
(ii)All of a Borrower's title in the Property(or his or her beneficial interest in a trust awning all or
part of the Propertyl is sold or otherwise transferred and no other Borrower retains title to the
Property in fee simple or retains a leasehold under a lease for less than 99years which is renewable
or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday
of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with
such an interest in the Property).
(B)Other Grounds
Lender may require immediate payment in full of all outstanding principal and accrued interest,upon
approval by an authorized representative of the Secretary, if:
(i)The Property ceases to be the principal residence of a Borrower for reasons other than death and
the Property is not the principal residence of at least one other Borrower;
(ii) For a period of longer than 12 consecutive months.a Borrower fails to physically occupy the
Property because of physical or mental illness and the Property is not the principal residence of at
least one other Borrower;or
(iii)An obligation of the Borrower under the Security Instrument is not performed.
(C)Payment of Costs and Expenses
If Lender has required immediate payment in full as described above,the debt enforced through sale
of the Property may include costs and expenses,including reasonable and customary attorneys' fees,
associated with enforcement of this Note to the extent not prohibited by applicable law.Such fees and
costs shall bear interest from the data of disbursement at the same rate as the principal of this Note.
(D)Trusts
Conveyance of a Borrower's Interest in the Property to a trust which meets the requirements of the
Secretary, or conveyance of a trust's interests in the Property to a Borrower,shall not be considered a
conveyance for purposes of this Paragraph.A trust shall not be considered an occupant or be
considered as having a principal residence for purposes of this Paragraph.
S. WAIVERS
Borrower waives the rights of presentment and notice of dishonor. "Presentment"means the right to'
require Lender to demand payment of amounts due. "Notice of dishonor"means the right to require Lender
to give notice to other persons that amounts due have not been paid.
9. GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to Borrower under this
Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address
above or at a different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the
address stated in Paragraph 4(81 or at a different address if Borrower is given a notice of that different
address.
10. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully obligated to keep all of the promises made
in this Note.Lender may enforce its rights under this Note only through sale of the Property.
11.RELATIONSHIP TO SECOND NOTE
(A)Second Note
Because Borrower will be required to repay amounts which the Secretary may make to or on behalf
of Borrower pursuant to Section 255(i)l1)IA)of the National Housing Act and the Loan Agreement,the
Secretary has required Borrower to grant a Second Note to the Secretary.
(B)Relationship of Secretary Payments to this Note
Payments made by the Secretary shall not be included in the debt due under this Note unless:
W This Note is assigned to the Secretary:or
(iil The Secretary accepts reimbursements by the Lender for all payments made by the Secretary.
If the circumstances described in 11)or(ii)occur, then all payments by the Secretary,inetuding interest
on the payments,shall be included in the debt.
31XA:08197 Page 2 of 3
(C)Effect on Borrower
Where there is no assignment or reimbursement as described in (B)(i)or(ii),and the
Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under this Note until the Secretary has required
payment in full of all outstanding principal and accrued interest under the Second Note held
by the Secretary,notwithstanding anything to the contrary in Paragraph 7 of this Note;or
(ii) Be obligated to pay interest or shared appreciation under this Note at any time, whether
accrued before or after the payments by the Secretary, and whether or not accrued interest
has been included in the principal balance of this Note,notwithstanding anything to the
contrary in Paragraphs 2 or 5 of this Note or any Allonge to this Note.
12.SHARED APPRECIATION
If Borrower has executed a Shared Appreciation Allonge, the covenants of the Allonge shall
be incorporated into and supplement the covenants of this Note as if the Allonge were a part of this
Note.
13.GOVERNING LAW
All interest,fees and other amounts charged or accruing in connection with this Note which
are considered "interest"within the meaning of Section 85 of the National Bank Act(12 USC h 85:
12 CFR 7.4001(a))shall be governed by and interpreted under South Dakota law. In all other
respects,this Note and all related documents,as well as the rights, remedies, and duties of the
Bank and the borroweris),shall be governed and interpreted by federal law with respect to national
banks and,to the extent not preempted by federal taw, the consumer protection laws of the state in
which the real estate is located, except that Texas Finance Code Chapter 346(which regulates
certain revolving credit accounts)does not apply to this Note.
BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this
Note.
(Seal)
CARL A SHATTO -Borrower
DAY 79 TME ORDER OF
.LS PARGO BALI NA
tiYtTHOUT REGOUR& (Seal)
An !`l; -Borrower
M ON.VICE MOW
(Seal)
-Borrower
(Seal).
Lrr
Borrower.
PpyTo
WEA ryRI-Co jj, SE .
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WF48;03105 Page 3 of 3
SIGNATURE EXHIBIT
E)arl -A Shatto - TRUSTEE
- TRUSTEE
TRUSTEE
TRUSTEE
WF52:03105 Doc Id: (QSE9)
E hibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground with the buildings, improvements, hereditaments
and appurtenances thereon erected, situate in the Township of East Pennsboro, County of
Cumberland and State of Pennsylvania, bounded and described according to Plans thereof made
by D.P. Raffensperger, registered Suveyor, on Nov. 17, 1955, and Dec. 24, 1958, as follows:
BEGINNING at a point on the Northeasterly side of Henry Road (50 feet wide)which point is
measured the two following courses and distances along the said side of Henry Road from its
intersection with the Northwesterly side of Louis lane (South) (60 feet wide): (1) extending from
said point of intersection North 15 degrees 1 minute West 37.61 feet to a point of curve; and(2)
on a line curving to the left having a radius of 360 feet the arc distance of 119.68 feet to the point
and place of beginning; thence extending from said beginning point along the said side of Henry
Road on line curving to the left having a radius of 360 feet the arc distance of 65 feet to a point;
thence extending North 45 degrees 35 minutes 30 seconds East 112.19 feet to a point; thence
extending South 46 degrees East 86.03 feet to a point; thence extending South 55 degrees 56
minutes West 120.39 feet to a point on the Northeasterly side of Henry Road, the first mentioned
point and place of beginning.
Being Lot No. 138 as shown on said Plan,and on the Plan of East Pennsboro Village, recorded
in Cumberland County in Plan Book 9,page
Parcel#09-13-1002-090
PROPERTY ADDRESS: 138 HENRY ROAD, ENOLA, PA 17025-2137
PARCEL#09-13-1002-090
File k 952646
VERIFICATION
The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter,that
Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the
? - time allowed for the filing of the pleading,that I am authorized to matte this verification pursuant to
Pa.R.C.P. 1024(c),and that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are based upon information supplied-by Plaintiff and are true and correct to the best of my information
and belief. Furthermore, counsel intends to substitute a verification from Plaintiffupon receipt.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
Sec. 4904 relating to unsworn falsifications to authorities.
Attorney for Plaintiff
DATE: A01111,
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
fa
OFFICI4 QrT,d F,
20111 DEC - I MI 9: I.I b
CUMBERLAND COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Earl A Shatto, Trustee (et al.)
Case Number
2014-6131
SHERIFF'S RETURN OF SERVICE
10/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Earl A Shatto, Trustee, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the
within Complaint in Mortgage Foreclosure according to law.
10/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: The Earl A. Shatto Recovable Living Trust u/d/t December 23,
2003, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the
Sheriff of Adams, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law.
10/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Earl A Shatto, Trustee, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as
"Not Found" at 138 Henry Road, East Pennsboro Township, Enola, PA 17025. Residence is vacant.
10/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: The Earl A. Shatto Recovable Living Trust u/d/t December 23,
2003, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within
requested Complaint in Mortgage Foreclosure as "Not Found" at 138 Henry Road, East Pennsboro
Township, Enola, PA 17025. Residence is vacant.
10/22/2014 11:14 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Adams County
upon Lori Shatto, who accepted for Earl A Shatto, Trustee, at c/o Steven Shatto, 486 Brickcrafter Road,
New Oxford, PA 17350. James W. Muller, Sheriff, Return of Service attached to and made part of the
within record.
10/22/2014 11:14 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Adams County
upon Lori Shatto, who accepted for The Earl A. Shatto Recovable Living Trust u/d/t December 23, 2003,
at c/o Steven Shatto, 486 Brickcrafter Road, New Oxford, PA 17350. James W. Muller, Sheriff, Return of
Service attached to and made part of the within record.
SHERIFF COST: $100.00 SO ANSWERS,
November 21, 2014 RONiJ'( R ANDERSON, SHERIFF
(c) ountySute Sheriff, Te easoft,
James W. Muller
Sheriff
Len J. Supenski
Chief Deputy
SHERIFF'S OFFICE OF ADAMS COUNTY
Bernard A. Yannetti, Jr.
Solicitor
Kevin E. Miller
Lieutenant
WELLS FARGO BANK, N.A.
vs.
EARLA. SHATTO, TRUSTEE OF THE EARLA. SHATTO REVOCABLE LIVING TRUST
U (et al.)
Case Number
2014-6131
SHERIFF'S RETURN OF SERVICE
10/22/2014 11:14 AM - Deputy Edward Minor Jr., being duly sworn according .to law, deposes and says, the
Complaint in Mortgage Foreclosure (CIMF) was served upon EARLA. SHATTO, TRUSTEE OF THE
EARLA. SHATTO REVOCABLE LIVING TRUST C/O STEVEN A. SHATTO at 486 BRICKCRAFTER
�,C D NEW OXFORD, PA 17350 by handing a true and attested copy to a.LORI SHATTO, Wife,
adult -in -charge of residence at time of service, and made known the contents thereof.
EDWARD MINOR JR., DEPUTY
10/22/2014 11:14 AM - Deputy Edward Minor Jr., being duly sworn according to law, deposes and says, the
Complaint in Mortgage Foreclosure (CIMF) was served upon THE EARLA. SHATTO REVOCABLE
LIVING TRUST U/D/T DECEMBER 23, 2003 C/O STEVEN SHATTO at 486 BRICKCRAFTER ROAD,
NEW OXFORD, PA 17350 by handing a true and attested copy to a LORI SHATTO, VVife, adult -in -charge
of residence at time of service, and made known the contents thereof.
SHERIFF COST: $40.20
November 13, 2014
DATE CATEGORY
10/21/2014 Advance Fee
10/21/2014 Notary Fee
10/21/2014 Docket & Retum
10/21/2014 Service
11/13/2014 Mileage
11/13/2014 Refund
COSTS
MEMO
a./
EDWARD MINOR JR., DEPUTY
SO ANSWERS,
CAL
JAMES W. MULLER, SHERIFF
Advance Fee
CHK # DEBIT CREDIT
1465281 $0.00 $150.00
$5.00 $0.00
$9.00 $0.00
$15.00 $0.00
$11.20 $0.00
3594 $109.80 $0.00
C'n1`!':''?OFP+ii ALT -I OF PENNSYLVAtBALANCE:
NOTARIAL SEAL
Erica L. Newman, Notary Public
G't ysburg 8orc, Adams County
My C .:nmi.sion Expires April 7, 2018
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Affirmed and subscribed to before me this
13TH day of NOVEMBER
NOTARY
2014
$150.00
$150.00
$0.00
.SItek d . Ot MVI,Ar
(c) CeimtySuhe Sheriff. leteesMl. inc
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