Loading...
HomeMy WebLinkAbout07-7469PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 164321 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67- 74&9 C j v i ( ?p?t-r1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 164321 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 #: 164321 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 #: 164321 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 #: 164321 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/25/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1968, Page: 453. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/29/2007 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 #: 164321 6. The following amounts are due on the mortgage: Principal Balance $97,254.35 Interest $6,081.06 03/29/2007 through 12/11/2007 (Per Diem $23.57) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 09/25/2006 to 12/11/2007 Cost of Suit and Title Search 550.00 Subtotal $105,135.41 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $105,135.41 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 properly 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 #: 164321 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,135.41, together with interest from 12/11/2007 at the rate of $23.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS . HALLINAN, ES IRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 164321 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 08/08/2003 AND RECORDED 10/10/2003 IN BOOK 0259 PAGE 4227 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN Lot OF GROUND SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED ACCORDING TO A Plan AS SURVEYED BY WILLIAM E. SEES, JR., REGISTERED SURVEYOR, DATED April 3, 1953 AS FOLLOWS TO WIT: BEGINNING AT A STAKE ON THE South SIDE OF A PUBLIC Road, NOW KNOWN AS VALLEY Road, AT LANDS NOW OR FORMERLY OF SAMUEL I. RITTER; THENCE ALONG SAID LANDS OF RITTER, South 12 DEGREES 55 MINUTES East, ONE HUNDRED EIGHTEEN AND THREE-TENTHS (I 18.3)FEET TO A STAKE, SAID STAKE BEING TWELVE (12) FEET, MORE OR LESS, FORM THE YELLOW BREECHES CREEK; THENCE ALONG SAID CREEK, South 59 DEGREES 45 MINUTES West, FIFTY AND SEVEN-TENTHS (50.7) FEET TO A STAKE AT LANDS NOW OR FORMERLY OF MARK J. LEHMER AND HELEN F. LEHMER, HIS WIFE; THENCE ALONG LANDS NOW OR FORMERLY OF MARK J. LEHMER AND HELEN F. LEHMER, HIS WIFE, North 10 DEGREES 55 MINUTES West, ONE HUNDRED THIRTY-FOUR AND EIGHT-TENTHS (134.8) FEET TO A STAKE, AT THE South SIDE OF THE AFOREMENTIONED PUBLIC Road, NOW KNOWN AS VALLEY Road: File #: 164321 THENCE ALONG SAID Road, North 78 DEGREES 45 MINUTES East, FORTY-FIVE AND SIX-TENTHS (45.6) FEET TO A STAKE, THE PLACE OF BEGINNING. PARCEL NO. 13-26-0261-018. 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854 File #: 164321 VERIFICATION I hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to 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 my knowledge, information and belief. 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. DATE: -VAL 97o7 4oe AP laintiff File #: 164321 C3 ?? 00 , ? X7 JS' v _r"3 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL PA INC VS JOHNSON ERIC PAUL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON ERIC PAUL the DEFENDANT , at 1705:00 HOURS, on the 8th day of January , 2008 at 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 by handing to ERIC PAUL JOHNSON 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 26.88 Affidavit .00 Surcharge 10.00 .00 I//y10 P ? 54.88 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/10/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sh iff 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 FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD. FORT MILL, SC 29715 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7469- CIVIL TERM ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 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 ERIC PAUL JOHNSON and , 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 12/12/07 to 2/19/08 TOTAL $105,135.41 $1,649.90 $106,785.31 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR rROTHY 164321 r? _ t= ' ..pN ` :??? r? ?,- r e c? .? ,:, ?.? J"? <_? 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. ERIC PAUL JOHNSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7469- 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 ERIC PAUL JOHNSON is over 18 years of age and resides at, 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 __. J DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff { (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO FINANCIAL PENNSYLVANIA, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 07-7469- CIVIL TERM ERIC PAUL JOHNSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL 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." 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 FINANCIAL PENNSYLVANIA, INC. : COURT OF COMMON PLEAS Plaintiff Vs. ERIC PAUL JOHNSON Defendant TO: ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 DATE OF NOTICE: JANUARY 29, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant CIVIL DIVISION CUMBERLAND COUNTY : NO. 07-7649-CIVIL TERM ® `.._ > _ ? ? r? ...,. _T t{.> 1'?.J 1.x.:4 ?. ? ?? ?? ? ? ? ? t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. No. 07-7469- CIVIL TERM ERIC PAUL JOHNSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/20/08 TO 6/11/08 (per diem -$17.55) Add' l Costs TOTAL $106,785.31 $1,983.15 and Costs $2,136.50 $110,904.96 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 164321 er kn 00 er 0 Q a U q ?? 44 o 0o as ? ? ? ? a ? H U Q` ?'' '°? a a H w 3 r U a, w N M d' LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel I. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes East, one hundred eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (12) feet, more or less, from the Yellow Breeches Creek; thence along said Creek, South 59 degrees 45 minutes West, fifty and seven-tenths (50.7) feet to a stake at lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife; thence along lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minutes East, forty-five and six-tenths (45.6) feet to a stake, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Eric-Paul Johnson, by Deed from Federal Home Loan Mortgage Corporation, dated 08/08/2003, recorded 10/10/2003, in Deed Book 259, page 4227 BEING PREMISES: 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854 BEING PARCEL NO. 13-26-0251-018 0 b WIN r, 0 l i?s - Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7469 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Financial Pennsylvania Inc. Plaintiff (s) From Eric Paul Johnson (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 $106,785.31 L.L.$.50 Interest from 2/20/08 to 6/11/08 (per diem -$17.55) $1983.15 and costs Atty's Comm % Atty Paid $173.88 Plaintiff Paid Date: March 3, 2008 (Seal) Due Prothy $2.00 Other Costs $2136.50 Curtis . Long, Proth a By: REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Deputy Supreme Court ID No. 62205 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, ? v. ERIC PAUL JOHNSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7469- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 ,1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 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) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 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. February 19, 2008 J) DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?- 7 +i 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. ERIC PAUL JOHNSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7469- 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 unworn falsification to authorities. h M DANIEL G. SCHMIEG, ESQ_UIRE Attorney for Plaintiff r WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. ERIC PAUL JOHNSON Defendant(s). CUMBERLAND COUNTY No. 07-7469- CIVIL TERM February 19, 2008 TO: ERIC PAUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 "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, 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854, 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 $106,785.31 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA, INC. (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. 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 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 LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel 1. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes East, one hundred eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (12) feet, more or less, from the Yellow Breeches Creek; thence along said Creek, South 59 degrees 45 minutes West, fifty and seven-tenths (50.7) feet to a stake at lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife; thence along lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minutes East, forty-five and six-tenths (45.6) feet to a stake, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Eric-Paul Johnson, by Deed from Federal Home Loan Mortgage Corporation, dated 08/08/2003, recorded 10/10/2003, in Deed Book 259, page 4227 BEING PREMISES: 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854 BEING PARCEL NO. 13-26-0251-018 { r ? 1 -f' '! .. i ( i w CA.) (,3 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC. DEFENDANT(S) ERIC PAUL JOHNSON SERVE ERIC PAUL JOHNSON AT: 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 CUMBERLAND COUNTY No. 07-7469- CIVIL TERM ACCT. #164321 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to S , Defendant, on the ` day ofe` 2- 1200 at T(3 , o'clock Xm., at V.D !i'2 !rC , 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 6 Z' Weight I ?o Race W Sex 6A' Other It?*m2f- ) t a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and s s ribed befo his of , 200 Notary: By: / ?F10 ,....._. s VICE AT L AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Nc lr?iota Pubnty THOMAS P 4ou NOT SERVED city of Pr.`,. , q 2010 My commissigq vjr ?a....- On o , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200-. Notary: 3 Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?jj io , Co 1` .-' ..Z AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC. No. 07-7469- CIVIL TERM DEFENDANT(S) ERIC PAUL JOHNSON ACCT. #164321 SERVE ERIC PAUL JOHNSON AT: Type of Action 1620 VALLEY ROAD - Notice of Sheriffs Sale MECHANICSBURG, PA 17055-4854 Sale Date: JUNE 11, 2008 SERVED day of ` i L- , 200 Served and made known to Ric JCAta J Defendant, on the q at . J o'clock .m., at 1r' Z o i3 `r e? is C ' i Commonwealth of Penn ylvania, in the manner described below: 7 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: Agee) Height w'Weight 00 Race W Sex M Other I, -640 0o k --5' r(,?tti FJ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su cribed befo me this y of 200 / Notary: Z - B / J G M%jrgN pAL7II Of PEWNS VANiA PLEASE-AiTERF ERVICKAT LA?SST 3 MES. INDICATE DATES & T YMESOFERVICE ATTEMPTED. 'THOWS c Mary ublic City 01 r, "` County 'NOT SERVED 1 My y Comm! Iruary 4_20 . :. On the ---ay of y , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this -_ day of 1200_. Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 r??.. V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION ERIC PAUL JOHNSON Defendant(s) NO. 07-7469- CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 1620 VAILEY ROAD_ MF.C14ANICSRi1RG,PA 17055-4854. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: May 1, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It m sty not he said in the ahsenre of a representAtive of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 164321 W a 8 a ? o3 ' a w ta m y £0 6B 6 3000az woai 03,11M • woo 8Z 83c1 0 LOO 624000 . W6 Zo 8 a ? M E"' M bb ~ p uu U i-1 ? ?1 ???• N Q w ? •••888 a a0 L4 aZ N L2 P4 F ? AI Hrs., ? ?? 4 N NO Go ? ' °° rn ? ! ? ? w ? rVl+ ? a U ?W c o Q t z ? ?j O aa. y N • O 3 3 C Ps F? N o Z ?? 8 Q U C? a? uQ ? a' 00 `? W `'O o X p. 0 ? Z a , o 3CA 0 W i ao fs. 0 V (.? o ? U Aw ?c??c i R t? o .w La. ' ac q a Lr] r m a 3 Z m a '? m p ;.:a "' N e+l h %0 l? 00 ? O N M ? N r . rll> ?T' ? T rri ? c?a trT ? COMMI NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Kobert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO FINANCIAL PA INC is the grantee the same having been sold to said grantee on the I ITH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 3RD day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7469, at the suit of WELLS FARGO FINANCIAL PA INC against ERIC is duly recorded as Instrument Number 200820740. IN TESTIMONY WHEREOF, I have hereunto set my hand and of said office this ?7- 3 day of J'j A.D. of Deeds Ramder of D'-306, "moedand County CN W, PA MY CW ninon E*m Ow Fit Mondoy of An. 2010 Wells Fargo Financial Pennsylvania, Inc. In the Court of Common Pleas of vs Cumberland County, Pennsylvania Eric Paul Johnson Writ No. 2007-7469 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2008 at 1952 hours, he served a true copy of the within Real Estate Writ, Notice and Desc 'ption, in the above entitled action, upon the within named defendant, to wit: Eric Paul John n by making known unto Eric Paul Johnson personally at 1620 Valley Road, Mechanicsburg, Cum erland County, Pennsylvania its contents and at the same time handing to him personally the said a and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2 08 at 0920 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and desc ' tion, in the above entitled action, upon the property of Eric Paul Johnson located at 1620 Valle Road, Mechanicsburg, 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 maile a notice of the pendency of the action to the within named defendant, to wit: Eric Paul Johns n by regular mail to his last known address of 1620 Valley Road, Mechanicsburg, PA 17055. This 1 tter was mailed under the date of April 17, 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 otice 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 We Is Fargo Financial Pennsylvania Inc. It being the highest bid and best price received for the same, Wells Fargo Financial Pennsylvania Inc., of 3476 Stateview Blvd., Fort Mill, SC 29715, being a buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $975.11. Sheri Ts Costs: Dock ing Pound ge Postin Bills Adve ising Ackn ledging Deed Aucti neer Law L brary Protho otary Milea e Levy Surch ge Law J umal Patriot News Share f bills Distri tion of proceeds Sheri sdeed 30.00 19.12 15.00 15.00 48.00 10.00 .50 2.00 26.88 15.00 20.00 355.00 339.38 14.73 25.00 39.50 $975.11 61.2s/b F &)-,.. ?do-? qF,0 d.0 /, L ?lZ.. b yy9q .2 /0 '7,;2-0 So Answers: Kline, SherifRTh mas BY Real I WEL S FARGO FINANCIAL PEN SYLVANIA, INC. Plaintiff, v. ERIC PAUL JOHNSON Defendant(s). i FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff in the above action, by its , DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of >n was filed the following information concerning the real property located at ,1620 VALLEY MECHANICSBURG. PA 17055-4854. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Nar*e and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ERIC AUL JOHNSON 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 2. N e and address of Defendant(s) in the judgment: Same ai above 3. Na propej Name None 4. Na and last known address of every judgment creditor whose judgment is a record lien on the real to be sold: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7469- CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC B NK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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. N e and address of every other person who has any record interest in the property and whose interes may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None l 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) Tenan ccupant 1620 VALLEY ROAD MECHANICSBURG, PA 17055-4854 Domes is Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 ealth of Pennsylvania t of Welfare Comm nwealth of Pennsylvania Bureau of Individual Tax Inherit nce Tax Division Internal Revenue Service Federated Investors Tower Depart ent of Public Welfare TPL C ualty Unit Estate Recovery Program 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 erify that the statements made in this affidavit are true and correct to the best of my personal edge or information and belief. I understand that false statements herein are made subject to the ie of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februarv? 19 2008 ? . DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WEL S FARGO FINANCIAL PENN YLVANIA, INC. Plaintiff, ?v. ERIC PAUL JOHNSON Defendant(s). CUMBERLAND COUNTY No. 07-7469- CIVIL TERM February 19, 2008 TO: ERIC PAUL JOHNSON 1620 VALLEY ROAD PA 17055-4854 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR PTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATT MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." our house (real estate) at 1620 VALLEY ROAD MECHANICSBURG PA 17055-4854 is schedul d to be sold at the Sheriff s Sale on NNE 11, 2008 at 10:00 a.m. in the Cumberland County Courth use, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,785.31 obtain by WELLS FARGO FINANCIAL PENNSYLVANIA INC. (the mortgagee) against you. In the a ent the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.., Rule 3129.3. NOTICE OF OWNER'S RIGHTS 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. 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. 2. You may also be able to stop the sale through other legal proceedings. 3. Y u may need an attorney to assert your rights. The sooner you contact one, the more chance you will h ve of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find o 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 Late 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 ou if this has happened, you may call (717) 240-6390. . If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the as if the sale never happened. 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribu ion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedul will state who will be receiving that money. The money will be paid out in accordance with this sch dule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff 'thin ten (10) days after the distribution is filed. You may also have other rights and defenses, or ways of getting your home back, if you act i tely after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA YER 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 postpo ed 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 T AT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State o Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registe ed surveyor, dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or former y of Samuel I. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes East, one hundre eighteen and three-tenths (118.3) feet to a stake, said stake being twelve (12) feet, more or less, from t e Yellow Breeches Creek; thence along said Creek, South 59 degrees 45 minutes West, fifty and seven-t n, s (50.7) feet to a stake at lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife; t nee along lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minute East, forty-five and six-tenths (45.6) feet to a stake, the Place of BEGINNING. TITLE O SAID PREMISES IS VESTED IN Eric-Paul Johnson, by Deed from Federal Home Loan Mortgage Corporation, dated 08/0812003, recorded 10/10/2003, in Deed Book 259, page 4227 PREMISES: 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854 BEINO PARCEL NO. 13-26-0251-018 WRIT OF EXECUTION and/or ATTACHMENT [WEALTH OF PENNSYLVANIA) OF CUMBERLAND) N007-7469 Civil CIVIL ACTION - LAW THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Financial Pennsylvania Inc. Plaintiff (s) Eric Paul Johnson (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 ) as follows: an to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from pa ing any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) r otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of nyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a ga shee and is enjoined as above stated. Due $106,785.31 from 2/20/08 to 6/11/08 (per diem -$17.55 's Comm % Paid $173.88 .tiff Paid March 3, 2008 N T TING PARTY: Daniel G. Schmieg, Esq. ss: One Penn Center at Suburban Station L.L.$.50 $1983.15 and costs Due Prothy $2.00 Other Costs $2136.50 Curtis R. Tong, P7""ry By: Deputy 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 for: Plaintiff e: (215) 563-7000 Court ID No. 62205 Real Estate Sale # 85 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1670 Valley Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2008 By: ` 11 l Rea Esstak Sergeant :8 V 9- UN 8001 dd %?fHf-1U; ?, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH OF PENNSYLVANIA ss. OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State oresaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journ , a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was es ablished January 2, 1952, and designated by the local courts as the official legal period cal for the publication of all legal notices, and has, since January 2, 1952, been regularly issued eekly in the said County, and that the printed notice or publication attached hereto is exactl the same as was printed in the regular editions and issues of the said Cumberland Law Journ on the following dates, 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law J urnal, a legal periodical of general circulation, and that he is not interested in the subject matter f the aforesaid notice or advertisement, and that all allegations in the foregoing as to time, place and character of publication are true. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 MALz81*T8 OW" i o," Writ No. 2007-7469 Civil Wells Fargo Financial Pennsylvania, Inc. VS. Eric Paul Johnson Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel I. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes East, one hundred eighteen and three-mss (118.3) feet to stalre, said elmho be ing tweive (12) t+eet, mom or Wii?lffiw the Yellow Breeches Cre*; *mum along said Creek, South 59 dg+ses 45 minutes West, fifty and seven- tenths (50.7) feet to a stake at lands now or formerly of Mark J. Lehmer and Helen F. l ehmer, his wife; thence along lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforemen- tioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minutes East, forty-five and six-tenths (45.6) feet to a stake, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Eric-Paul Johnson, by Deed from Federal Home Loan Mort- gage Corporation, dated 08/08/2003, recorded 10/10/2003, in Deed Book 259, page 4227. BEING PREMISES: 1620 VAL- LEY ROAD, MECHANICSBURG, PA 17055-4854. BEING PARCEL NO. 13-26-0251- 018. ,,The Pat iot-News Co. 812 arket St. Harrisb rg, PA 17101 Inquiries,- 717-255-8292 CU BERLAND COUNTY SHERIFFS OF CU BERLAND COUNTY COURT HOUSE ISLE PA 17013 the Pahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Joseph A. That he is I Commonwealth of Harrisburg, County newspapers of gen The Patriot-News e all have been conti That the pr daily and/or Sunda, interested in the su place and characte That he ha behalf of The Patril stockholders and b in and for said Cou Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss nison, being duly sworn according to law, deposes and says: e Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the ennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of If Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News ral circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that d The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and .rously published ever since; tted notice or publication which is securely attached hereto is exactly as printed and published in their regular Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is ject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, of publication are true; and personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the and of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds ty 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 an subscribed before me this 27 day of 2008 A.D. Notary Public COMMONWEAL' H OF PENNSYLVANIA teppard, Notary Public ECjjt?yOf otarial Seal sburg, Dauphin County on Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #85 Nrit No. 2007-7469 Civil Term Wells Fargo Financial Pennsylvania, Inc. VS Eric Paul Johnson Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described according to a Plan as surveyed by William E. Sees, Jr., registered surveyor, dated April 3, 1953 as follows to wit: BEGINNING at a stake on the South side of a public road, now known as Valley Road, at lands now or formerly of Samuel 1. Ritter; thence along said lands of Ritter, South 12 degrees 55 minutes East, one hundred eighteen and three- tenths (119.3) feet to a stake, said stake being twelve (12) feet, more or less, from the Yellow Breeches Creek; thence along said Creek, South 59 degrees_ 45 minutes West, fifty and seven- tenths (50.7) feet to a stake at lands now or formerly of Mark J. Lehmer and Helen F. Lehmer, his wife; thence along lands now or formerly of Mark J. Lehmer and Helen E Lehmer, his wife, North 10 degrees 55 minutes West, one hundred thirty-four and eight-tenths (134.8) feet to a stake, at the South side of the aforementioned public road, now known as Valley Road; thence along said road, North 78 degrees 45 minutes East, forty-five and six- tenths (45.6) feet to a stake, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Eric-Paul Johnson, by Deed from Federal Home Loan Mortgage Corporation,-dated 08/08/2003, recorded 10/10/2003, in Deed Book 259, page 4227 BEING PREMISES: 1620 VALLEY ROAD, MECHANICSBURG, PA 17055-4854 BEING PARCEL NO. 13-26-0251-018