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HomeMy WebLinkAbout07-5111PHELAN 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 X215) 563-7000 160392 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D~ - 5111 Civil (e rryl CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 160392 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 10TH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 23RD day of JAN, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5111, at the suit of WELLS FARGO BANK N A against CHRISTINA M BOTTORG & MICHAEL L SNYDER is duly recorded as Instrument Number 200924429. IN TESTIMONY WHEREOF, I have h~ to set my hand an~ seal of said office this ~ day of A.D. ~ D~ of Deeds Q~, CumMr'and County. Cam, PA Ergiros tfi~e Firs Mw,aoy of Jen. 2010 E In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5111 Civil Term Wells Fargo Bank, N.A. VS Christina M. Bottorf and Michael L. Snyder Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2009 at 1725 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Christina M. Bottorf by making known unto Christina M. Bottorf, personally, at, 19 Cassatt Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2009 at 1216 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael L, Snyder,by making known unto Michael L. Snyder, personally, at, 45 West Main Street, New Kingston, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on Apri14, 2009 at 1122 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christina M. Bottorf and Michael L. Snyder, located at, 19 Cassatt Street, Enola, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Christina M. Bottorf and Michael L. Snyder, by regular mail to their last known address of 19 Cassatt Street, Enola, PA 17025. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A.,of 3476 Stateview Boulevard, Fort Mill, SC, 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 904.70 Sheriff s Costs Docketing 30.00 Poundage 17.74 r Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed So Answ rs '~ R. Thomas Kline, Sheriff BY Real Estate Coordinator ~,if 1 s.oo ~~ ?r~,_ ~ _ .~i~ ~,~.~?~ 15.00 48.00 ZQ~9 ~~~-~ i ~ ~~~ f i ~ 35 10.00 ~ - 2.00 r t:;.~ ~ ,. 18.90 15.00 30.00 3ss.00 2s7.63 1 s.43 2s.00 49.50 904.70 / ~/~~/v g ~-- ~~ y~-`~ ~. a. ~ ~ y, . _~v C:k. '10 c~ '( s~ ~,. .Z .z '1 9 9 y WELLS FARGO BANK, N.A. . CUMBERLAND COUNTY Plaintiff, . v. COURT OF COMMON PLEAS CHRISTINA M. BOTTORF CIVIL DIVISION MICHAEL L. SNYDER . N0.07-5111 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A. ,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 ,19 CASSATT STREET, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTINA M. BOTTORF MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 19 CASSATT STREET ENOLA, PA 17025 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) None 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 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 19 CASSATT STREET ENOLA, PA 17025 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 autho ' ' January 22, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendant(s). CUMBERLAND COUNTY No. 07-5111 January 22, 2009 TO: CHRISTINA M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, 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 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 ,19 CASSATT STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,904.55 obtained by WELLS FARGO BANK, N.A. (the mortgagee} against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. 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: X215) 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 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. r 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 (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 WRIT OF EXECUTION and/or ATTACHMENT .. ~` COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5111 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 CHRISTINA M. BOTTORF and MICHAEL L. SNYDER (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,904.55 L.L. $.50 Interest from 10/10/08 to 6110/09 (per diem - $12.48) -- $3, 045.55 and Costs Atty's Comm Atty Paid $177.40 Plaintiff' Paid Date: 1/23/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs urtis R. Lo rothonot ry By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 Real Estate Sale # 22 On January 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 19 Cassatt Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 28, 2009 ° ~ ~_ L ,~ °~" "~ :~ __.. : ~~ ~~ `The Patriot-News Co. 812 Market St. . Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ~e~latriot News NoW you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: s wrM. ~ N.A. CiAtlstlna ~I.Bott©rf and M1thaN LaBaftndrr Attrernay tistWF Q $cF~Ily tv~~#'~t~~ LI@$t~IPI ALLTHAT CBR?Aift 1Qtaflam/ atiu~ ~ Esit :~ ~ bou 'deecribed~as f`olloMe, to wit: B)VNt1~43 ua peinf e6the yline;of CesWtStrcet;'$L29 fiet`a+ea$rted;we~vradil}q aton8 said from tie- was' lies d Raoeerelt Sttert, tom' SaAh-06 derma Oli mioti6ts Beet alo~PeP~y sbw or fespaty of MacgeieS,B. Wptle,15 fret Eoa Poi46;`~x by ~e ap~edy tine;vf a 16 East adb;, Sordi tM de$rees b0 miaUtea_Weet, 4836 feet to a ehie ~e,r+Mset!ty ~i! liici~ I$f0ok~leYi'tl~xe''by ditiM~t' tfS degttar-34 Reek 1S &itt tii a ef~doe'on dw eesd~erl7"tioa of ,~ dwac by die tsltir tiae, No~ffi ~ d~pas, t10 roiwtra 1~Mt. ~0 ftet ,to ' die !~ c£ ~. Tlt3E'P0 ~ ~78 Y8S1'Bl) i@I iti~a >.: t~r~. r c~atrra >~: >; e~ bred Eras 1l~E1. ~rer,lad' L sfeaCe, "lea °>tnd' wI$e, deead tMt/iMI/2006, ndooided ~.'io heed Bo6k :i~3; pe$e N54. , 1lNOLA.,i!!k 10~I .PII,MX~f~-t2~t 04/24/09 ~~_~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal 3harria L Kisner, Notary Public CRy Of Fl~rrbburp; Dauphin county My Carrrnheion E>q~ires Nov. 26, 2011 Msmbsr, Pennsylvania Association of Notaries of May, 2009 A.D. 05/01 /09 05/08/09 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL EBTATE STALE NO. 22 Writ No. 2007-5111 Civil Wells Fargo Bank, N.A. vs. Christina M. Bottorf and Michael L. Snyder Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in East Pennsboro Township, County of Cumberland, Common- wealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Cassatt Street, 81.29 feet measured westwardly along said street from the westerly line of Roosevelt Street, thence South 06 degrees 00 minutes East along properly now or formerly of Margaret E. Wittle, 75 feet to a point, thence by the northerly line of a 16 foot alley, South 84 degrees 00 minutes West, 40.56 feet to a stake on the easterly line of a 10 foot alley; thence by the latter North 05 degrees 34 West, 75 ' a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this day of Ma,,~009 feet to a stake on the southerly line Notary of Cassatt Street; thence by the latter line, North 84 degrees, 00 minutes East, 40 feet to the place of BEGIN- NING. TITLE TO SAID PREMISES IS VESTED IN Michael L. Snyder and ON TARIAI, $Eql, Christina M. Bottorf, by Deed from DEBORAH A C04LIN8 Edward G. Stence and Stephanie Notary PubIIC L. Stence, husband and wife, dated CARLISLE BORO, CUMSERIANC~ CQUNiY 04/04/2006, recorded 04/06/2006, My Commission Expltei Apt ~, ~~)~- in Deed Book 273, page 4454. , PREMISES BEING: 19 CASSATT STREET, ENOLA, PA 17025. PARCEL NO. 95-15-1291-009. 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 aze 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 160392 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 ~: 160392 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 N: 160392 Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) aze: CHRISTINA M. BOTTORF MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/04/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 4971. 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, aze 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 #: 160392 6. The following amounts are due on the mortgage: Principal Balance $67,059.59 Interest $2,251.04 03/01/2007 through 08/23/2007 (Per Diem $12.79) Attorney's Fees $1,250.00 Cumulative Late Chazges $0.00 04/04/2006 to 08/23/2007 Cost of Suit and Title Seazch 5.50.00 Subtotal $71,110.63 Escrow Credit ($488.35) Deficit $0.00 Subtotal 488.35 TOTAL $70,622.28 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 aze 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 sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge 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 #: 160392 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,622.28, together with interest from 08/23/2007 at the rate of $12.79 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 & SCHM ~G, LLP 1'J%~"piO By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 160392 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Cassatt Street, 81.29 feet measured westwardly along said street from the westerly line of Roosevelt Street, thence South 06 degrees 00 minutes East along properly now or formerly of Margaret E. Wittle, 75 feet to a point, thence by the northerly line of a 16 foot alley, South 84 degrees 00 minutes West, 40.56 feet to a stake on the easterly line of a 10 foot alley; thence by the latter North OS degrees 34 West, 75 feet to a stake on the southerly line of Cassatt Street; thence by the latter line, North 84 degrees, 00 minutes East, 40 feet to the place of BEGINNING. HAVING THEREON ERECTED cone-story frame dwelling house known as Cassatt Street. BEING Lot No. 2 on the subdivision Plan of Margaret E. Wittle, dated September 24, 1968 approved by the Commissioners of East Pennsboro Township on February 17, 1969 and duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. PARCEL NO: 09-15-1291-009. PROPERTY BEING: 19 CASSATT STREET File ~: 160392 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 aze based upon information supplied by Plaintiff and aze 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. ` ~~cx-r ' / ~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 23 D7 ~ ~ ~ C ~ ~ ~ ~ '"J / ~ _ ~ y +` ""~+ v 1 l {~, ~ ~ 3 1 O d ~ _ ~ ~ ~~~~ ry i -, ~~:--~ f? .C. ~M1 .. ~ ` .~ ~ ` i V ' 1 W ~- ( '"i CASE NO: 2007-05111 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NR VS BOTTORF CHRISTINA M ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOTTORF CHRISTINA M the DEFENDANT at 1730:00 HOURS, on the 30th day of August 2007 at 19 CASSATT STREET ENOLA, PA 17025 CHRISTINE BOTTORFF 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 ~1, q1 ~ v 107 4 Sworn and Subscibed to before me this day of , So Answers: '~ R. Thomas Kline 09/04/2007 PHELAN HALLINAN SCHMIEG By: 1 ° D uty Sheriff A.D. ~- CASE NO: 2007-05111 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BOTTORF CHRISTINA M ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SNYDER MICHAEL L the DEFENDANT at 1730:00 HOURS, on .the 30th day of August 2007 at 19 CASSATT STREET ENOLA, PA 17025 by handing to CHRISTINE BOTTORFF, ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 q~l~i~o~ ~.. 1 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/04/2007 PHELAN' HALLINAN SCHMIEG By: 1 Deputy Sheriff of A.D. ,f.. s Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (2151320-0007 WELLS FARGO BANK, N.A. vs. CHRISTINA M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111 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 CHRISTINA M. BOTTORF and MICHAEL L. SNYDER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 8/24/07 -10/9/08 TOTAL $70,622.28 5 82.27 $75,904.55 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Schmieg, squire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: __(~~~ PHS# 160392 PRO PROTHY j f+ ~ ~. ~~ w 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 (215) 563-7000 WELLS FARGO BANK, N.A. :COURT OF COMMON PLEAS Plaintiff Vs. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendants TO: CHRISTINA M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 DATE OF NOTICE: JULY 17.2008 CUMBERLAND COUNTY NO. 07-5111 CIVIL TERM a °~ ~v }~ 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 '~~ ,, .~ - Jason Ricco, Legal Assistant CIVIL DIVISION 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 (215) 563-7000 WELLS FARGO BANK, N.A. :COURT OF COMMON PLEAS Plaintiff Vs. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendants TO: MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 DATE OF NOTICE: JULY 17.2008 CUMBERLAND COUNTY NO. 07-5111 CIVIL TERM ,. ~n ~~., ~ s '~ ~ ~ ,' ~ ~ ~~ 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 Jason Ricco, Legal Assistant CIVIL DIVISION Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO BANK, N.A. vs. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111 VERIFICATION OFNON-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/aze 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 CHRISTINA M. BOTTORF is over 18 yeazs of age and resides at 19 CASSATT STREET, ENOLA, PA 17025. (c) that defendant MICHAEL L. SNYDER is over 18 years of age, and resides at 19 CASSATT STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~'", _ - Daniel G. Schmieg, quire/f Attorney for Plaintiff C/ f ~ cWa ~` Q (_+ ~~ 'Tl 7V~ c''~ ` ~ 'v' f :... yp s~i H ~ ~ a ~ t; ~ err ~ ~=~ ~,; .~ (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY vs. CHRISTINA M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111 Notice is given that a Judgment in the above captioned matter has been entered against you on _ ~- 1 p , 2008. By: >~ If you have any questions concerning this matter please contact: Daniel G. Schmie , Esqu' Attorney or Party Filin 1617 JFK Boulevazd, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIYED ADISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** ~. , w ~ . ~'~ .. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER No. 07-5111 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,904.55 Interest from 10/10/08 TO 6/10/09 $3,045.55 and Costs (per diem -$12.48) Add'1 Costs $2,078.50 TOTAL $81,028.17 ANIEL G. HMIEG, 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 aL Lhe direction of the plaintiff. It may not be .sold in the absence of a representative of the plaintiff at the She_riff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 160392 i~ ~° as d z o0 c~ o zz ww ~y ~ ww a`Z z OA W ~ ~ ~~ ~ O W ~' O ~' O ~ a, E.. E~ ~ ~ `~ p,, ~ d ,,,, M Z~+ t~ ~ a ~W ~ w ~~ ~ ~ O~ ~ ; dw 3 ~ ~ dd ~ U ~z a ~~ ~~ o~ ~ ~ ~ ~w ~ ~ ¢ ~~ a w ~U c~_ ~- c~ "~ .. ~ d•- ~ ~ ~ " O ~ t.~ ~ ~. ~~ ~~ p w~ ~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5111 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 CHRISTINA M. BOTTORF and MICHAEL L. SNYDER (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 $75,904.55 L.L. $.50 Interest from 10!10/08 to 6110/09 (per diem - $12.48) -- $3, 045.55 and Costs Atty's Comm Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: 1123!09 Curtis R. L rot ono ry (Seal) By: Deputy REQUEST?vG P.ARTY: Name: DANIEL G. SCHMIEG, E5QUIRE Address: PHELAN HALLINAN &SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 PHELAN 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, N.A. Plaintiff, v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5111 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: (X) an FHA mortgage () non-owner occupied () vacant () 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. ~ ~ - ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF C`1 r-~ © ~i i~ ~ ~ it ~=-~ 1 ~~ t -~-... -. (`~ r ti _~ e -~. (,,:1 WELLS FARGO BANK, N.A. Plaintiff, v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A. ,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 ,19 CASSATT STREET, ENOLA. PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name CHRISTINA M. BOTTORF MICHAEL L. SNYDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 19 CASSATT STREET ENOLA, PA 17025 19 CASSATT STREET ENOLA, PA 17025 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 19 CASSATT STREET ENOLA, PA 17025 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 autho ' ' January 22, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~' ~ ~ ~ s~,, v r~: N 1 `C"' f~ 1 ~ -~ y ~ ~ WELLS FARGO BANK, N.A. Plaintiff, v. CHRISTINA M. BOTTORF MICHAEL L. SNYDER Defendant(s). TO: CHRISTINA M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 January 22, 2009 CUMBERLAND COUNTY No. 07-5111 MICHAEL L. SNYDER 19 CASSATT STREET ENOLA, 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 AND 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 ,19 CASSATT STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,904.55 obtained by WELLS FARGO BANK. N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS 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) 563-7000. 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 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 (2l 5) 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 (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 Sheriffi'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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Cassatt Street, 81.29 feet measured westwazdly along said street from the westerly line of Roosevelt Street, thence South 06 degrees 00 minutes East along properly now or formerly of Margaret E. Wittle, 75 feet to a point, thence by the northerly line of a 16 foot alley, South 84 degrees 00 minutes West, 40.56 feet to a stake on the easterly line of a 10 foot alley; thence by the latter North OS degrees 34 West, 75 feet to a stake on the southerly line of Cassatt Street; thence by the latter line, North 84 degrees, 00 minutes East, 40 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Michael L. Snyder and Christina M. Bottorf, by Deed from Edward G. Stence and Stephanie L. Stence, husband and wife, dated 04104/2006, recorded 04/06/2006, in Deed Book 273, page 4454. PREMISES BEING: 19 CASSATT STREET, ENOLA, PA 17025 PARCEL NO. 95-15-1291-009 ` ~ --~. AFFIDAVIT OF SERVICE P~~'IFF WELLS FARGO BANK, N.A. DEFENDANT(S) CHRISTINA M. BOTTORF MICHAEL L. SNYDER SERVE CHRISTINA M. BOTTORF AT: 19 CASSATT STREET ENOLA, PA 17025 CUMBERLAND COUNTY No. 07-5111 ACCT. #160392 Type of Action -Notice of Sherift'a Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to ~~~t~iv~. /s, , ,~i 7ff~c, f Defendant, on the y~ s~ day of !'~~ , 200 9 at i0"~ , o'clock,em., at _f > ~stA-/ ~,,L~ Cad J,g J Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or-person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: / ~ _ Description: Age ~ Height ,l'6 Weight ~ Race ~~ Sex f' Other ~~^ ~+~ I, ~~"' ~"~~~'`" a competent adult, being duly sworn according to law, de ose and state that 1 a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herei~n~ssued the captioned case on the date and atd the address indicated above. Swom to and subscribed ne this '~'s_'~day of _ , 200 - Not _ By: EMP1 SERVICE AT LEAST 3 fate of New Jersey PATRICiA E. FiA;'.i215 Commission Expires June 16, 2013 ~ x s neirr~ r+v. Baker '~ ~ Bisbee Drive Btjrlin~ gton NJ 0~~16 60sJ-~?~-4231 INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_,_,, at o'clock - m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2°a Attempt: / / Time: 3rd Attempt: / / Time: Swom to and subscribed Attorney for Pontiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200_. One Pena Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 ~° 353z .. . ' m ~t '~ ~or* _ ~ ~'~ W c... ~' L.' - --~ PHELAN HALLINAN & SCHMIEG, LLP By: 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 WELLS FARGO BANK, N.A. Vs. CHRISTINA M. BOTTORF MICHAEL L. SNYDER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUI~ITY N0.07-5111-CNIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S STALE PiJRSi1ANT Tn Pa_R_C_P_ 404(~l/4~3 Daniel G. Schmeig, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff s Sale was made by sending a true and correct copy by certified mail to Defendant, MICHAEL L. SNYDER, at P.O. BOX 624, NEW HINGSTON, PA 17072. The Notice of Sale was received by Defendant, MICHAEL L. SNYDER, on MA C'.H 5, 2(109 as evidenced by the attached Return Receipt. The undersigned understands that thus statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: MARCH 24, 2~~9 Daniel G. Schmeig, Esquire Attorney for Plaintiff ii~i~Aii~~iiii 7178 2417 6099 0023 1942 4 / JJN RESTRICTED DELIVERY MICHAEL L. SNYDER P.O. BOX 624 NEW KINGSTON, PA 17072-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) .~ r ~r ~ i=? Date Produced: 03/09/2009 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MaiITA1 item number 717$ 2417 6099 0023 1942. Our records indicate that this item was delivered on 03/06/2009 t 09:06 a.m. in NEW KINGSTOWN, PA, 17072. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: ,.- ~~.,~, ~ . :~_fi i_ _ ~~,. M ~ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitiNe. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by'the United States Postal Service. It is solely for customer use. Customer Reference Number: 23899 ra -gin a = :.. `~' '-~ ~ -re -` ~ =~ ~~ rq r < rv - ~, ~==' _, ts'~ ; . . r ~ ~ __.. - ~, _ ..,_. _ .. .+~'~ 4 .(e !~ 1 e M vs. FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111•CIVIL TERM A M. BOTTORF L. SNYDER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE I, ~ J, follows: ~ ~ dZS-- Esq. attorney for WELLS FARGO BANK, N.A. hereby verify as required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of persons or parties named, at that address set forth on the Affidavit. A copy of the of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal DATE: ice is attached hereto as Exhibit "A". ~~e-n~ By:~ Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id~. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff ~ l WELLS FA~tGO BANK, N.A. Plaintiff, v. CHRISTIN M. BOTTORF MICHAEL I . SNYDER ~I Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5111 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS F RGO BAN N.A. ,Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, ets forth as of the date the Praecipe for the Writ of Execution was filed the following information oncerning the real property located at ,19 CASSATT STREET. ~NOLA. PA 17025 . 1. Name an address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTIN M. BOTTORF 19 CASSATT STREET ENOLA, PA 17025 MICHAEL . SNYDER 19 CASSATT STREET ENOLA, PA 17025 2. Name an~ address of Defendant(s) in the judgment: Same as 3. Name an last known address of every judgment creditor whose judgment is a record lien on the real property to b sold: Name Last Known Address ('f ddr b ADULT 4. Name Name None i a ess cannot e reasonably ascertained, please indicate) KD COUNTY 1 COURTHOUSE SQUARE BATION CARLISLE, PA 17013-3387 ddress of last recorded holder of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) f ~ ' S. Name artid address of every other person who has any record lien on the property: Name EAST P] 6. Name interest n Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 1 address of every other person who has any record interest in the property and whose be affected by the sale. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name an~ 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) 19 CASSATT STREET ENOLA, PA 17025 Domestic R~lations of Cumberland County ~Ith of Pennsylvania of Welfare Commonwe lth of Pennsylvania Bureau of I dividual Tax Inheritance ax Division 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6tn Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Re enue Service 13th Floor, Suite 1300 Federated I vestors Tower 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casual Unit Estate Reco ery Program I veri: knowledge ~ penalties of that the statements made in this information and belief. I under ~ Pa. C.S. Sec. 4904 relating to u May 5, 2009 DATE P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 ~e true correct to the best of my personal false state ents herein are made subject to the lsificatio to authorities. DANIEL G. SCHMII Attorney for Plaintiff r ^ ~ w ~ ~ w ....., ~ 'a.^ '~,,.~L.i4 A ~' ~'~ so Ls L 3aoodiz woa3 a ~ ~ .C " 3llttW ~ H ;~ s 6002 60 833 0 L08 LZb000 .r . ~:.~ oaZ'ZO $ wL zo , _ ~ s s s~oa ~~ ~_ ~ ~ 6 n ~~:_i ~ p ~.d ~.e 5 ~ ~i ~ ~d S31'~ _ e ~ u~ .o ~~o~ s~V~ '~ d u a, .~ ; a N •~ v ~+ ~ ~;..~E ~ ~ ~ C ~ 'Q ` E ~ qy •^ ~ a ° ' 60 .Y W '~ ~' G u~Ew ~ ,~ ~`~~ m o a ~EF8~y~ i--i ? ~ T C ~ Se ~aia ~ V ,~ •~ a o ~ o ~a ~ocw a°i~, ~~~~N _ _ o N p( o ~ ° ~ ~ ~ I~ M ,~ ~ M ~ ~ ~ ~w a: a ~~ ~~ w ~¢ ~: ~¢ w ;tia 3 wa °° C O 'S o U w • o ~'•~ rs.; o ~ o ~ ~ ~ ~ w ~ ~ F C7 ~ v~ ~ U U °" a°~ > aa~~ a:~ ~ ~s •~ ~j ~ ~ ~ N ~ ~ "' a ~ o ~~ ~ V e E. ~nW •~"b ~pq U ~a U a~~i~ ` w w ~L~ ? a~ N ~ a°w ~,~ o~ ~ O~~ aw ~A ~ °'~ ~ >, o e ~~ W~ O~ ~ E~ p•+ ~ N o o O ~~o~ s F"O c xw '"~w o.. ~nN.~ ~ ~.-. 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