HomeMy WebLinkAbout07-4554PHELAN HALLINAN &SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 lss2ss
WELLS FARGO BANK, NA
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127
Plaintiff
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
CUMBERLAND COUNTY
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 1s82ss
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 aze
served, by entering a written appeazance 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 MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Cazlisle, PA 17013
(800)990-9108
File #: 158255
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
File #: 158255
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 158255
1. Plaintiff is
WELLS FARGO BANK, NA
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127
2. The name(s) and last known address(es) of the Defendant(s) are:
SCOTT D. DONMOYER
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/22/2005 mortgagor(s) made, executed, and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book:
1915, Page: 4846. PLAINTIFF is now the legal owner of the mortgage and is in the
process of formalizing an assignment of same. The mortgage and assignment(s), if any,
are matters of public record and are incorporated herein by reference in accordance with
Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach
documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File ~: 158255
6.
The following amounts are due on the mortgage:
Principal Balance $72,979.29
Interest $2,153.84
03/01/2007 through 07/30/2007
(Per Diem $14.17)
Attorney's Fees $1,250.00
Cumulative Late Charges $98.64
07/22/2005 to 07/30/2007
Cost of Suit and Title Search 550.00
Subtotal $77,031.77
Escrow
Credit $0.00
Deficit $0.00
Subtotal 0.00
TOTAL $77,031.77
7.
8.
If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 158255
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, andlor
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $77,031.77, together with interest from 07/30/2007 at the rate of $14.17 per diem to the date
of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure
and sale of the mortgaged property.
PHELAN HALLINAN &SCHMIEG, LLP
~./~~
By: /s rancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 158255
LEGAL DESCRIPTION
ALL THOSE TWO CERTAIN pieces or parcels of land situate in the Township of Middlesex,
County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
PARCEL NO. 1
BEGINNING at a point on the north side of the highway leading from Carlisle Springs to Enola,
being Highway Route No. 944, which stake is the dividing line between the property now or
formerly of L.C. Durham and wife, and Philip McClintock; thence in a northwardly direction at
right angles to said highway, 108 feet to a stake; thence in a westerly direction parallel to said
highway, 108 feet to a stake; thence in a southerly direction at right angles to said highway, 108
feet to a stake; thence in an easterly direction along said highway, 108 feet to a stake, the place
of BEGINNING.
HAVING THEREON ERECTED aone-story block dwelling house known and numbered as
7588 Wertzville Road, Carlisle, Pennsylvania.
PARCEL NO.2
BEGINNING at a point, 108 feet north of the Carlisle Springs-Enola Highway, which point is in
the dividing line between property conveyed by L.C. Durham and wife. to John Brownawell and
wife, and Frank Hill and wife; thence in a northerly direction by a continuation of said dividing
line, 108 feet to a point; thence in an eastwardly direction at rights angles to said last mentioned
File #: 158255
line, 108 feet to the line dividing the property now or formerly of L.C. Durham and wife, and
property now or formerly of Philip McClintock; thence in a southerly direction along said
dividing line, 108 feet to the property heretofore conveyed by L.C. Durham and wife; thence in a
westerly direction along said last mentioned dividing line, 108 feet to the place of BEGINNING.
BEING THE SAME PREMISES which Jeannie M. Munson, now by marriage Jeannie M.
Geedy, by Deed dated February 22, 1996, and recorded February 28, 1996 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 135, page 546,
granted and conveyed unto Jeannie M. Geedy and Russell L. Geedy, Jr..
PARCEL#: 21-04-0373-056
File #: 158255
VERIFICATION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for
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 he is authorized to make 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 its
knowledge, information and belief. Furthermore, counsel intends to substitute a
verification from Plaintiff upon 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.
//-P~-
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE: ` - ~ ~'
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SHERIFF'S RETURN - REGULAR
~ CASE NO: 2007-04554 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
DONMOYER SCOTT D ET AL
WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
DONMOYER SCOTT D the
DEFENDANT at 1639:00 HOURS, on the 17th day of August 2007
at 7588 WERTZVILLE ROAD
CARLISLE, PA 17013
ANGELA DONMOYER
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
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10.00 R. Thomas Kline
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33.76 08/20/2007
PHELAN HALLINAN SCHMIEG
By:
day eputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
~ C*ASE N0: 2007-04554 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
DONMOYER SCOTT D ET AL
WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvan ia, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
DONMOYER ANGELA L the
DEFENDANT at 1639:00 HOURS, on the 17th day of August 2007
at 7588 WERTZVILLE ROAD
CARLISLE, PA 17013 by handing to
ANGELA DONMOYER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 6.00
.00 ,,~
~~~~~~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
~~~~ ~ . 00
V' 16.00
08/20/2007
PHELAN HALLINAN SCHMIEG
Sworn and Subscibed to By:
before me this day Deputy eriff
of A.D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-04554 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
DONMOYER SCOTT D ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
DONMOYER SCOTT D but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
10 SPRING GARDEN ESTATES
CARLISLE, PA 17015
DONMOYER SCOTT D
NOT FOUND as to
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing 6.00
Service 4.80
Not Found 5.00
Surcharge 10.00
.00
Y)~Y~CrI ~. 2 5 . 8 0
So answers : ,_ ~..--~->~
R. Thomas ine
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
08/20/2007
Sworn and Subscribed to before
me this day of
A.D.
SHERIFF'S RETURN - NOT FOUND
,.CASE NO: 2007-04554 P
` COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
DONMOYER SCOTT D ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
DONMOYER ANGELA L but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
10 SPRING GARDEN ESTATES
NOT FOUND as to
DONMOYER ANGELA L
CARLISLE, PA 17015
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
S'~1 9-^, / 21.0 0
,...
S o answers : ,r-_ ... _---,_-.. ....,..---.~-"....--.~"~
._..
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R. Thomas Kline
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
08/20/2007
Sworn and Subscribed to before
me this day of
A.D.
PHELAN HALLINAN &SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, NA
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
. CIVIL DIVISION
NO. 07-4554 CIVIL TERM
Defendant(s).
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against SCOTT D. DONMOYER
and ANGELA L. DONMOYER, 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
Plaintiffs damages as follows:
As set forth in Complaint
Interest from 7/31 /07 to 3/7/08
TOTAL
$77,031.77
$3,131.57
$80,163.34
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: _,~~$
I~- PRO ROTHY
158255
PHELAN HALLINAN & SCHMIEG, LLP
" By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
X2151 563-7000
WELLS FARGO BANK, NA :COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
Vs.
CUMBERLAND COUNTY
SCOTT D. DONMOYER
ANGELA L. DONMOYER : NO. 07-4554-CIVIL TERM
Defendants
TO: SCOTT D. DONMOYER ~=~ m ^~ t ,~ 'y
7588 WERTZVILLE ROAD ~ ~- `>~' ~ ,~;
CARLISLE, PA 17013 ~"~ ~
DATE OF NOTICE: FEBRUARY 25.2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
..,
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Jason Ricco, Lega( Assistant
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
X2151 563-7000
WELLS FARGO BANK, NA :COURT OF COMMON PLEAS
Plaintiff
Vs.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendants
TO: ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
DATE OF NOTICE: FEBRUARY 25, 2008
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THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 07-4554-CIVIL TERM
CARLISLE, PA 17013
(800)990-9108
Jason Ricco, Legal Assistant
PHELAN HALLINAN &SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, NA
10790 RANCHO BERNARDO RD
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.07-4554 CIVIL TERM
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant SCOTT D. DONMOYER is over 18 years of age and resides at ,
7588 WERTZVILLE ROAD, CARLISLE, PA 17013 .
(c) that defendant ANGELA L. DONMOYER is over 18 years of age, and resides at ,
7588 WERTZVILLE ROAD, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) -Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
WELLS FARGO BANK, NA
10790 RANCHO BERNARDO RD
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-4554 CIVIL TERM
Notice is given that a Judgment in the above-captioned matter has been entered against you on
Mnreh l~} 2008 .
By:
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.**
.. ~
WELLS FARGO BANK, NA
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
P.R.C.P. 3180-3183
No. 07-4554 CIVIL TERM
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 3/8/08-9/3!08
(per diem -$13.18)
Add'1 Costs
TOTAL
$80,163.34
$2,372.40 and Costs
$2,368.50
$84,904.24
DANIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
158255
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S?VELLS FARGO BANK, NA .
~ Plaintiff, .
~ v.
SCOTT D. DONMOYER .
ANGELA L. DONMOYER .
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.07-4554 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
WELLS FARGO BANK, NA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG,
ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at ,7588 WERTZVILLE ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
SCOTT D. DONMOYER
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
WMC MORTGAGE CORPORATION
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
P.O. BOX 54089
LOS ANGELES, CA 90054
P.O. BOX 2026
FLINT, MI 48501-2026
3300 SW 34TH AVE., STE. 101
OCALA, FL 34474
5: •Name and address of every other person who has any record lien on the property:
ti
4 Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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
Last Known 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
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
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. Sec. 4904 relating to unsworn falsification to authorities.
April 2, 2008 ~
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
c> ~--, a
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a
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' P~IELAN HALLINAN &SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, NA
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-4554 CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
-.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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WELLS FARGO BANK, NA
Plaintiff,
v.
CUMBERLAND COUNTY
No. 07-4554 CIVIL TERM
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
Apri12, 2008
TO: SCOTT D. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Your house (real estate) at , 7588 WERTZVILLE ROAD, CARLISLE, PA 17013, is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$80,163.34 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 Sheriffs Sale, you must take immediate action:
The sale will be cancelled 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-?000.
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.
3. 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 (2152563-7000.
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 (717) 240-6390.
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 schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed.
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.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
LEGAL DESCRIPTION
ALL THOSE TWO CERTAIN pieces or parcels of land situate in the Township of Middlesex, County
of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
PARCEL NO. 1
BEGINNING at a point on the north side of the highway leading from Carlisle Springs to Enola, being
Highway Route No. 944, which stake is the dividing line between the property now or formerly of L. C.
Durham and wife, and Philip McClintock; thence in a northwardly direction at right angles to said
highway, 108 feet to a stake; thence in a westerly direction parallel to said highway, 108 feet to a stake;
thence in a southerly direction at right angles to said highway, 108 feet to a stake; thence in an easterly
direction along said highway, 108 feet to a stake, the place of BEGINNING.
PARCEL N0.2
BEGINNING at a point,108 feet north of the Carlisle Springs-Enola Highway, which point is in the
dividing line between property conveyed by L. C. Durham and wife, to John Brownawell and wife, and
Frank Hill and wife; thence in a northerly direction by a continuation of said dividing line, 108 feet to a
point; thence in an eastwardly direction at right angles to said last mentioned line, 108 feet to the line
dividing the property now or formerly of L. C. Durham and wife, and property now or formerly of
Philip McClintock; thence in a southerly direction along said dividing Iine,108 feet to the property
heretofore conveyed by L. C. Durham and wife; thence in a westerly direction along said last
mentioned dividing line, 108 feet to the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN Scott D. Donmoyer and Angela L. Donmoyer, husband
and wife, by Deed from Jeannie M. Geedy and Russell L. Geedy, Jr., her husband, dated
07/22/2005, recorded 07/26/2005, in Deed Book 270, page 236.
PREMISES BEING: 7588 WERTZVILLE ROAD, CARLISLE, PA 17013
PARCEL NO. 21-04-0373-056
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4554 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s)
From SCOTT D. DONMOYER and ANGELA L. DONMOYER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $80,163.34
L.L.$ 0.50
Interest from 3/8/08 to 9/3/08 (per diem - $13.18) -- $2,372.40 and Costs
Atty's Comm
Due Prothy $2.00
Atty Paid $215.56 Other Costs $2,368.50
Plaintiff Paid
Date: 4/03/08
Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Wells Fargo Bank, N.A.
VS
Scott D. Donmoyer and Angela L. Donmoyer
In the Court of Common Pleas of
Cumberland Coulnty, Pennsylvania
Writ No. 2007-4554 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to, law, states this writ
is returned STAYED per letter of request from Attorney Daniel Schmieg.
Sheriff's Costs:
Docketing
Poundage
Levy
Law Library
Prothonotary
Mileage
Surcharge
So Answer
,~,~~ ~.
R. Thomas Kline, Sheriff
BY ~ S ~
Real Estate S rgeant
30.00
1,712.76
30.00
.50
2.00
5.00
40.00
$1,820.26 /
7~3a~oB ~,.,,
WELLS FARGO BANK, NA
CUMBERLAND COUNTY
Plaintiff,
v. COURT OF COMMON PLEAS
SCOTT D. DONMOYER CIVIL DIVIS~TON
ANGELA L. DONMOYER
N0.07-4554 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WELLS FARGO BANK, NA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG,
ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 7588 WERTZVILLE ~tOAD. CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
SCOTT D. DONMOYER
ANGELA L. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
WMC MORTGAGE CORPORATION
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
P.O. BOX 54089
LOS ANGELES, CAS 90054
P.O. BOX 2026
FLINT, MI 48501-226
3300 SW 34TH AVER, STE. 101
OCALA, FL 34474
5. Name and address of every other person who has any record lien on the property:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6. Name and address of every other person who has any record interest irz the property and whose
interest may be affected by the sale.
Name
Last Known 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
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
7588 WERTZVILL~ ROAD
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13`h Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correc~ to the best of my personal
knowledge or information and belief. I understand that false statements h~rein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authdrities.
Apri12, 2008
DATE DANIEL G. SCHMIEG, ,SQUIRE
Attorney for Plaintiff
WELLS FARGO BANK, NA
Plaintiff,
v.
SCOTT D. DONMOYER
ANGELA L. DONMOYER
Defendant(s).
CUMBERLAIND COUNTY
No. 07-4554 CIVIL TERM
Apri12, 2008
TO: SCOTT D. DONMOYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
ANGELA L. DONN$OYER
7588 WERTZVILLE ROAD
CARLISLE, PA 17013
* *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREYIOUSLYRE~CEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOi~LD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGA~11/ST PROPERTY. **
Your house (real estate) at 7588 WERTZVILLE ROAD C ISLE PA 17013 is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10: 0 a.m. in the Cumberland
County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of
$80.163.34 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 Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late chazges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
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 inlay also ask the Court to
postpone the sale for good cause.
3. 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 cbntact 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 YQU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sate is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling X215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compazed to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the frill amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
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 brim legal proceedings to evict
you.
6. You may be entitled to a shaze of the money which was paid fob your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be laid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the
Sheriff within ten (10) days after the distribution is filed.
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 ONCDE. 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.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108 ',
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGES FORECLOSURE)
LEGAL DESCRIPTION
ALL THOSE TWO CERTAIN pieces or parcels of land situate in the Township of Middlesex, County
of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
PARCEL NO. 1
BEGINNING at a point on the north side of the highway leading from Carlisle Sprigs to Enola, being
Highway Route No. 944, which stake is the dividing line between the property now trr formerly of L. C.
Durham and wife, and Philip McClintock; thence in a northwardly direction at right angles to said
highway, 108 feet to a stake; thence in a westerly direction parallel to said highway,!108 feet to a stake;
thence in a southerly direction at right angles to said highway, 108 feet to a stake; thence in an easterly
direction along said highway, 108 feet to a stake, the place of BEGINNING.
PARCEL N0.2
BEGINNING at a point,108 feet north of the Carlisle Springs-Enola Highway, which point is in the
dividing line between property conveyed by L. C. Durham and wife, to John Brownpwell and wife, and
Frank Hill and wife; thence in a northerly direction by a continuation of said dividing line, 108 feet to a
point; thence in an eastwardly direction at right angles to said last mentioned line, 08 feet to the line
dividing the property now or formerly of L. C. Durham and wife, and property no or formerly of
Philip McClintock; thence in a southerly direction along said dividing line, 108 feet o the property
heretofore conveyed by L. C. Durham and wife; thence in a westerly direction alon~ said last
mentioned dividing line, 108 feet to the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN Scott D. Donmoyer and Angela L. Dbnmoyer, husband
and wife, by Deed from Jeannie M. Geedy and Russell L. Geedy, Jr., her husband, dated
07/22/2005, recorded 07/26/2005, in Deed Book 270, page 236.
PREMISES BEING: 7588 WERTZVILLE ROAD, CARLISLE, PA 17013
PARCEL NO. 21-04-0373-056
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4554 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s)
From SCOTT D. DONMOYER and ANGELA L. DONMOYER
(1) You are directed to levy upon the property of the defendant (s)and to self SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garni~~hee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $80,163.34
L.L.$ 0.50
Interest from 3/8/08 to 9/3/08 (per diem - $13.18) -- $2,372.40 and Costs
Atty's Comm
Due Prothy $2.00
Atty Paid $215.56 Other Costs $2,368.50
Plaintiff Paid
Date: 4/03/08
Prothonota
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale # 23
On May 8, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Middlesex Township, Cumberland County, PA
Known and numbered as 7588 Wentzville Road, Carlisle,
more fully described on Exhibit "A"
filed with this writ and by this reference ._ ,,
incorporated herein.
Date: May 8, 2008 By:
J v ~- ~s ~~
Real Este Sergeant
S Z ~6 t7 8 - add 8001
~~(~3~iS ~Ni ~~G ~~i~~~i;`
{ „„7 t^ fi
. 1
PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Wells Fargo Bank, NA
Plaintiff
vs.
Scott D. Donmoyer
Angela L. Donmoyer
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
Civil Division
Cumberland County
No. 07-4554-CIVIL TERM
Please mark the above referenced case Discontinued and Ended without
prejudice.
Please mark the above referenced case Settled, Discontinued and Ended.
X Please mark Judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice. ~ 1 ~ /
Date: S ~
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
I~ancis S. Hallman, Esquire
Attorney for Plaintiff
PHS# 158255
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