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HomeMy WebLinkAbout07-7117PHELAN 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 165978 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. RYAN RICH A/K/A RYAN J. RICH 3 FARM HOUSE LANE CARLISLE, PA 17013-8479 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07- 711"7 Civil term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 165978 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 165978 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 #: 165978 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 #: 165978 1. 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) are: RYAN RICH A/K/A RYAN J. RICH 3 FARM HOUSE LANE CARLISLE, PA 17013-8479 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FEDERAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1839, Page: 2673. By Assignment of Mortgage recorded 03/23/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 735, Page 1709. 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 08/01/2007 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 #: 165978 6 The following amounts are due on the mortgage: Principal Balance $90,099.80 Interest $2,163.00 07/01/2007 through 11/27/2007 (Per Diem $14.42) Attorney's Fees $1,250.00 Cumulative Late Charges $84.30 09/30/2003 to 11/27/2007 Cost of Suit and Title Search $550.00 Subtotal $94,147.10 Escrow Credit $0.00 Deficit $114.92 Subtotal 114.92 TOTAL $94,262.02 7 8 If the mortgage is reinstated prior to a Sheriffs 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 #: 165978 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, and/or 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. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,262.02, together with interest from 11/27/2007 at the rate of $14.42 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 & SCHMIE LP By: /s rancis S. &allano LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 165978 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 seconds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at corner of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21001); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Parcel ## 21-17-3696-038 PROPERTY BEING: 15 NORTH MIDDLESEX ROAD File #: 165978 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 unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: i r L'9? d TIP `n 00 r n a S C s % SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07117 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RICH RYAN AKA RYAN J RICH 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 RICH RYAN AKA RYAN J RICH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to RICH RYAN AKA RYAN J RICH 116 WILLOW VIEW DRIVE CARLISLE, PA 17013 DEFENDANT LIVES AT 3 FARM HOUSE LANE CARLISLE Sheriff's Costs: Docketing 6.00 Service 4.80 Not Found 5.00 Surcharge 10.00 00 rZ?aZt;/b J L?y,? 2 5. 8 0 So answers: -, R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/07/2007 Sworn and Subscribed to before me this day of A. D. r SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07117 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RICH RYAN AKA RYAN J RICH 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 RICH RYAN AKA RYAN J RICH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT RICH RYAN AKA RYAN J RICH 15 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 DEFENDANT LIVES AT 3 FARM HOUSE LANE CARLISLE Sheriff's Costs: Docketing 6.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 2 5 . 8 0 So answers: R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/07/2007 Sworn and Subscribed to before me this day of A.D. CASE NO: 2007-07117 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS RICH RYAN AKA RYAN J RICH SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICH RYAN AKA RYAN J RICH the DEFENDANT , at 1820:00 HOURS, on the 6th day of December-, 2007 at 3 FARM HOUSE LANE CARLISLE, PA 17013 RYAN RICH by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 i y.2ii10 7 L-)-, 3 2. 8 0 Sworn and Subscibed to before me this day So Answers: fff ?? R. Thomas Kline 12/07/2007 PHELAN HALLIN C IEG r By: eputy Sheriff 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, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-7117 CIVIL TERM RYAN RICH, A/K/A RYAN J. RICH 3 FARMHOUSE LANE CARLISLE, PA 17013 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 RYAN RICH, A/K/A RYAN J. RICH, 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 11/28/07 to 3/4/08 TOTAL $94,262.02 $1,413.16 $95,675.18 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. ANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: D8 PROP OTHY 165978 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. RYAN RICH A/K/A RYAN J. RICH Defendants TO: RYAN RICH A/K/A RYAN J. RICH 3 FARMHOUSE LANE CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 8, 2008 CUMBERLAND COUNTY NO. 07-7117 CIVIL TERM f- ItsF 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 NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION 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. V. Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RYAN RICH, A/K/A RYAN J. RICH Defendant(s). NO. 07-7117 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 RYAN RICH, A/K/A RYAN J. RICH is over 18 years of age and resides at, 3 FARMHOUSE LANE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. hr , -e - - DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .? c 3o K t in LP 1^ Y ¦ .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. Plaintiff, V. RYAN RICH, A/K/A RYAN J. RICH CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7117 CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on til aneti 5.2008 . By: If you have any questions concerning this matter, please contact: P IEL G. SCHMIEG, ESQUIRE 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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. RYAN RICH, A/K/A RYAN J. RICH No. 07-7117 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $95,675.18 Interest from 3/5/08 TO 6/11/08 $1,557.27 and Costs (per diem -$15.73) Add'1 Costs $2,111.50 TOTAL $99,434.95 ANIEL 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. 165978 o? Wa zz Uz OD ?z o? xw ?? U n C W s U3 d z O a w a w 3 U) 00 ?C7 a x 5 ti d U a 0 V o w? y (? O O? 0 F ? o W bolo O it w? w a of W 1 'd v j a E d w M O d a w w w d w O w b d 9s olot?tl(A9W-?A- 000 gj°00 v a? sz, co rn C) m - z-J- ' M G cn f3C m LEGAL DESCRIPTIOIN ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 seconds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at corner of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21001); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one half story framed dwelling, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. Parcel ## 21-17-3696-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan J. Rich, single man, by Deed from Keith A. Stamy, married man, dated 09/30/2003, recorded 10/06/2003, in Deed Book 259, page 3578. BEING PREMISES: 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 BEING PARCEL NO. 21-17-2696-038 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. RYAN RICH, A/K/A RYAN J. RICH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7117 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. SC IEG, ESQUIRE Attorney for Plaintiff r.a 'tl ? cry , Car n t , cn L {= 7 q c -) •. - r n 0 WELLS FARGO BANK, N.A. Plaintiff, V. RYAN RICH, A/K/A RYAN J. RICH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7117 CIVIL TERM 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,15 NORTH MIDDLESEX 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) RYAN RICH, A/K/A RYAN J. RICH 3 FARMHOUSE LANE 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) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 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 15 NORTH MIDDLESEX 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. March 4, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n w co t?`i - rra ". ? cry -qF cn Ce c C) WELLS FARGO BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 07-7117 CIVIL TERM RYAN RICH, A/K/A RYAN J. RICH Defendant(s). TO: RYAN RICH, A/K/A RYAN J. RICH 3 FARMHOUSE LANE CARLISLE, PA 17013 March 4, 2008 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,675.18 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. 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 Sheriffs 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 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 LEGAL DESCRIPTIOIN ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 seconds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at corner of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21001); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one half story framed dwelling, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. Parcel ## 21-17-3696-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan J. Rich, single man, by Deed from Keith A. Stamy, married man, dated 09/30/2003, recorded 10/06/2003, in Deed Book 259, page 3578. BEING PREMISES: 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 BEING PARCEL NO. 21-17-2696-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7117 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 RYAN RICH a/k/a RYAN J. RICH (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 $95,675.18 L.L. $.50 Interest from 3/05/08 to 6/11/08 (per diem - $15.73) -- $1,557.27 and Costs Atty's Comm % Atty Paid $203.40 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,111.50 Prothonotary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, 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 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A. ! No. 07-7117 CIVIL TERM DEFENDANT(S) RYAN RICH, A/K/A RYAN J. RICH ACCT. #165978 SERVE RYAN RICH, A/K/A RYAN J. RICH AT: 3 FARMHOUSE LANE Type of Action CARLISLE, PA 17013 - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to Defendant, on the day of, 200 0 at o'clock 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 'fJ Weight 71' Race L? Sex rn Other 1, Z` e-rv , a competent adult, being duly sworn according to law, depose and sta that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the ca ned case on the date and at the address indicated above. Sworn to and subscribed Kenneth W. Baker before me this 5_"L' day l 19 Bisbee Drive of A : 200&. / Burl) HJ 08016 Nota W 31 PLEASTHE DO T S . §Xi ,JT LEAST 3 TIMES. INDICAT DATES & TIMES OF SERVICE ATTEMPTED. NOTARYE PUBLIC NOT SERVED STATE OF NEW JERSEY On theory c EXPIRES 1pIZ61201Z 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 l? `t (?, ,44 "R SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. VS. RYAN RICH, A/K/A RYAN J. RICH No.: 07-7117 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 15 NORTH MIDDLESEX ROAD. CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 5, 2008 DANIEL SCHMIEG, Attorney for Plaintiff ` ,... p o `? cn w N .r p ?o 00 ?1 ?n A w -ice N r 3 _? o 6 i 5z o 20 ? 7d "C rf b0 d b "cJ > ON rr O M 4= ,' z ? Y z y .. Y( m ?x A .r .? N? oa ?- W? ? x 00 . ? o y ? x o b ? ? ar n ;?i. a ell o A fro s O n a, A v `" > v ? x y r; ? m x"d A obd n ? rA. n rA )..i t- PIS " ,? O CA OD rA O ; ? n C a } o Y O o A y a v' `?. o - c? ye Oy q ? U ? et W J '?"" r,oy ?? N? o-4 n { 1 w w l A 2 -1 4 o! y?pp EE? Fem. O pp N B "•? o O 0?0 H X V C i? <D A fD r R+.° "•` H "3 O - °?i ? S ? J C ? W m rro? p tr. pp p K. O. ?d0 O . O r W Q C r ? A o.,? '? ? ?+ O ! O ut IAA Q n 2i a C O Q O w' ???ff ? Qy a .n7. N R ? ?. ? 8? <C cJ lam, O ? ? A C r O§A T o' ANWW O ? 'J" ® PITNEY 1?•3'a.` • 8 ? 1 02 1M $ { 7 . H 0 00421 8010 MARR 1 862. MAILED FROM ZIP GODE Y _i. Fi I ,-• it ! a j? i ?- ? f it ?Ps 4 r 0 d D c? ? O` O [Y7 o CCD r J ?1T?11 ?D `b D co ,o r ?r ;a^ 0 b O ""7 rv c, C3 ` ? ra tZ € ? ? -rr . F rra 1- q j? PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. S6hmieg, Esquire, ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 WELLS FARGO BANK, N.A. PLAINTIFF vs. RYAN RICH, A/K/A RYAN J. RICH DEFENDANT(S) Attorney for Plaintiff 165978 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-7117 CIVIL TERM PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. -2371abt Date YC-) DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Legal Description. ALL THAT CERTAIN tract or land situate in Middlesex Township, County of Cumberland and State of Pennsyvlania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 46.20 feet to an iron pipe; thence South 02 degrees 43 minutes 39 seconds East 38.95 feet to a point at lands now or formerly of Marie A. Hankinson; thence along said' Hankinson lands South 89 degrees 36 minutes 17 seconds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 5,6 minutes 27 seconds East 11.91 feet to an iron pin at corner of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds west 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21011); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds west 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one-half story framed dwelling, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. BEING THE SAME PREMISES which Keith A. Stamy, married man and joined by his wife Sonia Stamy, by their need dated September 30, 2003 and which is intended to be recorded, granted and conveyed unto Ryan J. Rich, single man. TITLE TO SAID PREMISES IS VESTED IN Ryan J. Rich, single man, by Deed from Keith A. Stamy, married man, dated 09/30/2003, recorded 10/06/2003, in Deed Book 259, page 3578. z BEING PREMISES: 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 BEING PARCEL NO. 21-17-2696-038 f" ? ^-? ? d ? C? r ? ? ? ? ?? : ? -..... -_. .,? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. ; Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County RYAN RICH A/K/A RYAN J. RICH No. 07-7117 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 28, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on March 5, 2008 in the amount of $95,675.18. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $90 099.80 Interest Through June 11, 2008 , $5 005.70 Per Diem $14.50 , Late Charges $84 30 Legal fees . $1 250.00 Cost of Suit and Title , $1 369.00 Sheriffs Sale Costs , $0 00 Property Inspections/ Property Preservation . $60 00 Appraisal/Brokers Price Opinion . $0 00 Mortgage Insurance Premium / . $123 50 Private Mortgage Insurance . Non Sufficient Funds Charge $0 00 Suspense/Misc. Credits . ($0.00) Escrow Deficit $1,122.67 TOTAL $99,114.97 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 5, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: nele ieg, LLP By: Vradford, re Attorney for Plaintiff 16 w MAY 2 7 2008 If/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. RYAN RICH A/K/A RYAN J. RICH Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-7117 CIVIL TERM RULE AND NOW, this_lp-? day of OOE, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the --? day of P-0'1 ,,1?? _2008, at . in 4x- ., Courti'oomhe Cumberland County Courthouse, Carlisle, Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna fednhe corn ecy t'ES rn aLLC,-L s?3c?os ?- l J. RYAN RICH A/K/A RYAN J. RICH 15 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 /RYAN RICH A/K/A RYAN J. RICH 116 WILLOW VIEW DRIVE CARLISLE, PA 17013 '/RYAN RICH A/K/A RYAN J. RICH 3 FARM HOUSE LANE CARLISLE, PA 17013-8479 165978 - i •e:j ?.1 t'l?I f . r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. RYAN RICH A/K/A RYAN J. RICH Defendant PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7117 CIVIL TERM Z.-3 Plaintiff hereby withdraws its Motion to Reassess Damages, filed on Vom in the above referenced action. ieiz. LLP DATE: By: ? ? y v Mi hel M. Brad rd, Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. RYAN RICH A/K/A RYAN J. RICH Defendant CUMBERLAND County No. 07-7117 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. RYAN RICH A/K/A RYAN J. RICH 3 FARM HOUSE LANE CARLISLE, PA 17013-8479 RYAN RICH A/K/A RYAN J. RICH 116 WILLOW VIEW DRIVE CARLISLE, PA 17013 DATE: t? I 1 d RYAN RICH A/K/A RYAN J. RICH 15 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 TT 1 ' ieg, LLP By Attorney for Plaintiff M. Bradfor , E uire ° ? C?-` ? ?' .? . -z? CL' t..- - a, f ?:: ,,,,,. °' c? `?? f ?a : s ? ; ? ?, ?, ` ' " ' ' ??? w ry .? ?? p. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 1 Ith day ofd A.D., 2008, under and by virtue of a writ Execution issued on the 5th day of March, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7117, at the suit of Wells Fargo Bank N A against Ryan Rich aka Ryan J Rich is duly recorded as Instrument Number 200824720. IN TESTIMONY WHEREOF, I have hereunto set my hand an?)seal of said office this d I day of ,ft. cumsnaw 4962 to Fk* M0^?1' W 2MO Wells Fargo Bank, N.A. vs Ryan Rich a/k/a Ryan J. Rich In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7117 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2008 at 2110 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Ryan Rich a/k/a Ryan J. Rich, by making known unto Ryan Rich personally at 3 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 0915 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 Ryan Rich a/k/a Ryan J. Rich located at 15 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania according to law. R. 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 defendant, to wit: Ryan Rich a/k/a Ryan J. Rich by regular mail to his last known address of 3 Farmhouse Lane, Carlisle, PA 17013. This letter was mailed under the date of April 02, 2008 and never returned to the Sheriffs 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 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,920.57. Sheriff s Costs: Docketing $30.00 Poundage 37.66 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 637.00 Patriot News 1,001.58 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,920.57 y ev Ck. , 44916 & . al1 of Y So An a .? R. Thomas Kline, Sheriff BY ?.. G Real Estate S eant Y • w WELLS FARGO BANK, N.A. . Plaintiff, V. RYAN RICH, A/K/A RYAN J. RICH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7117 CIVIL TERM 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,15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name RYAN RICH, A/K/A RYAN J. RICH Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 FARMHOUSE LANE 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 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 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 t 6. Nape and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 15 NORTH MIDDLESEX 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. r March 4, 2008 DATE DANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff -WELLS FARGO BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 07-7117 CIVIL TERM RYAN RICH, A/K/A RYAN J. RICH Defendant(s). TO: RYAN RICH, A/K/A RYAN J. RICH 3 FARMHOUSE LANE CARLISLE, PA 17013 March 4, 2008 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,675.18 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: 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: (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. 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 1. If the Sheriffs 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 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 LEGAL DESCRIPTIOIN ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 seconds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at corner of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21001); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one half story framed dwelling, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. Parcel ## 21-17-3696-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan J. Rich, single man, by Deed from Keith A. Stamy, married man, dated 09/30/2003, recorded 10/06/2003, in Deed Book 259, page 3578. BEING PREMISES: 15 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013 BEING PARCEL NO. 21-17-2696-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7117 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 RYAN RICH a/k/a RYAN J. RICH (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 $95,675.18 L.L. $.50 Interest from 3/05/08 to 6/11108 (per diem - $15.73) -- $1,557.27 and Costs Arty's Comm % Due Prothy $2.00 Atty Paid $203.40 Other Costs $2,111.50 Plaintiff Paid Date: 3/05/08 Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #62 On March 06, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 15 N. Middlesex Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By: i Real E ate Sergeant ht :1 d 9- HVW 8001 ME) ?a GW) 33N3HS 3H. 3 ;ice. 0 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*ot*1Xews Now you know 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 fac% 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: 05/14/08 05121108 05/28/08 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kbner, Notary Pubk City Of FNmia j Dauphin County My Ca w6sbn l:*hw Nov. 26, 2011 Member, Penns0vanls Asudatlon of Notatwt Real Eater Sale 1162 Wr tNo.2II6'7-71t7CIWTerm Vftft Fw" Berk, N.A. VS Ryan Rich WWa Ryan J. Rich Attonmy: Daniel Schmieg DESCRIPTION { ALL THAT CERTAIN tract of land situate in iIl Middl WX Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Beta and Associates dated September 10,1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R 21011) at corner of premises herein and lands now or formerly of Harold E. Wert; thence along ]ands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at comer of a 10 foot wide alley; tierce along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin, thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. Hanbnson; thence along said HanYwon lands gout 89 degrees 36 rhi 17 seconds West 40.84 feet to a post; thace Sowh 21 degrees 49 minutes 52 seconds West 106.12 feet to a post: thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at comer of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21001), thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one half story firmed dwelling, formerly known as 20 Mill Road, now ktwwn as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. Parcel ## 21-17-3696-038 !CORD OWNER :'t M 'TO SAD AMW IS VHM IN T. i dr Wilk mom, by Dad !tea Y01h Slamy, married man, laud W 3, orded I0/06I2003, in Deed Book 159, page ,,578. BEING PREIrfIW: 15 N43OR M WEX ROAD, CARLISIx PA 17013 BEING PARCEL NO. 21-17-2696-038 he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otAvXews 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: 04/23/08 04/30/08 05/07/08 Sworn to a d ?scribed efore me this 27 day ofWy, 2008 A.D. w? • 'v Notary P Notarial Seal Chytle L. Sheppard, Notary Public Cky Of Harrisburg, Dauphin county mlelkn Expires May 29, 2olo NWEALTH OF PENNSYLVANIA 0WO ftflbsr, fthniyivanla Association of Notaries Real Estae Sale R62 Writ No. 2007-7117 Civil Term Walla Fargo Bank, N.A. VS Ryan Rich alma Ryan J. Rich AttomeV: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Gerrit Betz and Associates dated September 10,1980 as follows, to wit: BEGINNING at a point in Mill Road (L.R 21011) at comer of premises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minute, 00 seconds Fast, 164.00 feet to an iron pipe at comer of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 seconds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 38.95 feet to a post at lands now or formerly of Marie A. li nkinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 seconds Weso 40.84 feet to a post; them South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post: thence South 25 degrees % minutes 27 seconds East 11.91 feet to an iron pin at corer of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.% feet to iron pin on Northern side of Mill Road (L.R. 21001); thence along said road Nordin 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the paint and place of BEGINNING. Said Premises are improved with a two and one half story framed dwelling, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. Parcel #8 21-17-3696-038 RECORD OWNER JTIU TO SAID PREMISES IS VESTED IN ,cyan J. Rich, single man, by Deed from Keith A. Stamy, married man, dated -0913012001 recorded 10/06/2003, in Deed Book 259, page 1578. BEING PREMISES: 15 NORTH MIDDLESEX ROAD, CA&Z PA 17013 BEING P VA" . -, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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: MM 9, May 16, and May 23, 2008 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. Marie Coyne, E)/or SWORN TO AND SUBSCRIBED before me this 23 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL REAL ESTATE SALE NO. 62 Writ No. 2007-7117 Civil Wells Fargo Bank, N.A. vs. Ryan Rich a/k/a Ryan J. Rich Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and de- scribed in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as fol- lows, to wit: BEGINNING at a point in Mill Road (L.R. 21011) at corner of prem- ises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at comer of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 sec- onds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 46.20 feet to an iron pipe; thence South 02 degrees 43 minutes 39 seconds East 38.95 feet to a point at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 sec- onds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at comer of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21011); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one-half story framed dwell- ing, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. BEING THE SAME PREMISES which Keith A. Stamy, married man and joined by his wife Sonia Stamy, by their Deed dated September 30, 2003 and which is intended to be recorded, granted and conveyed unto Ryan J. Rich, single man. 11 CUMBERLAND LAW JOURNAL SHERIFF'S SALE Wednesday, June 11, 2008 By virtue of certain Writs of Execution, issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to me directed, I will expose at public sale by public vendue or outcry, at the Cumberland County Court House, in the Borough of Carlisle, Pennsylvania at 10:00 o'clock A.M. Prevailing Time on the above date, the hereinafter mentioned real estate. All parties in interest and Claim- ants are hereby notified that a sched- ule of Distribution will be filed by the Sheriff on or before July 11, 2008 that distribution will be made in ac- cordance with said schedule unless exceptions are filed thereto within ten (10) days thereinafter. REAL ESTATE SALE NO. 62 Writ No. 2007-7117 Civil Wells Fargo Bank, N.A. VS. Ryan Rich a/k/a Ryan J. Rich Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate in Middlesex Township, County of Cumberland and State of Pennsylvania, bounded and de- scribed in accordance with a survey made by Gerrit Betz and Associates dated September 10, 1980 as fol- lows, to wit: BEGINNING at a point in Mill Road (L. R. 21011) at corner of prem- ises herein and lands now or formerly of Harold E. Wert; thence along lands of the latter North 68 degrees 00 minutes 00 seconds East, 164.00 feet to an iron pipe at corner of a 10 foot wide alley; thence along said alley North 73 degrees 53 minutes 02 sec- onds East 11.39 feet to an iron pin; thence along lands now or formerly of Paul E. Hair North 79 degrees 37 minutes 05 seconds East 46.20 feet to an iron pipe; thence South 02 degrees 43 minutes 39 seconds East 38.95 feet to a point at lands now or formerly of Marie A. Hankinson; thence along said Hankinson lands South 89 degrees 36 minutes 17 sec- onds West 40.84 feet to a post; thence South 21 degrees 49 minutes 52 seconds West 106.12 feet to a post; thence South 25 degrees 56 minutes 27 seconds East 11.91 feet to an iron pin at comer of lands now or formerly of Thaddeus F. Kent; thence along said Kent lands South 58 degrees 50 minutes 56 seconds West 60.96 feet to iron pin on Northern side of Mill Road (L.R. 21011); thence along said road North 35 degrees 41 minutes 20 seconds West 59.20 feet to an iron pin; thence continuing along said road North 39 degrees 27 minutes 08 seconds West 76.33 feet to a nail, the point and place of BEGINNING. Said Premises are improved with a two and one-half story framed dwell- ing, formerly known as 20 Mill Road, now known as 15 N. Middlesex Road, Carlisle, Pennsylvania 17013. BEING THE SAME PREMISES which Keith A. Stamy, married man and joined by his wife Sonia Stamy, by their Deed dated September 30, 2003 and which is intended to be recorded, granted and conveyed unto Ryan J. Rich, single man. TERMS As soon as the property is knocked down to a purchaser, 10% of the pur- chase price or all costs whichever may be higher, shall be delivered to the Sheriff. If the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the property. The balance due shall be paid to the Sheriff by NOT LATER THAN Friday, June 27, 2008 at 12:00 noon, CUMBERLAND LAW JOURNAL Prevailing Time, otherwise all money previously paid will be forfeited and the property will be resold on July 2, 2008 at 10:00 A.M. Prevailing Time in the Cumberland County Sheriff's Office Court House, Carlisle, PA. REAL ESTATE SALE DATES FOR 2008 Sale Dates Cut-Off Dates Sept. 3, 2008 May 28, 2008 Dec. 10, 2008 Sept. 3, 2008 R. Thomas Kline, Sheriff Cumberland County Carlisle, PA May 23