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HomeMy WebLinkAbout08-0209PHELAN 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 R. 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 168868 WELLS FARGO BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. l?- ao9 Civ, <Trft CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168868 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 maybe 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 #: 168868 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 #: 168868 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 #: 168868 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/18/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1921, Page: 1537. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 168868 6. The following amounts are due on the mortgage: Principal Balance $111,688.78 Interest $4,853.95 07/01/2007 through 01/09/2008 (Per Diem $25.15) Attorney's Fees $1,250.00 Cumulative Late Charges $620.94 08/18/2005 to 01/09/2008 Cost of Suit and Title Search 550.00 Subtotal $118,963.67 Escrow Credit $0.00 Deficit $164.82 Subtotal 164.82 TOTAL $119,128.49 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 #: 168868 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 $119,128.49, together with interest from 01/09/2008 at the rate of $25.15 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: T qyw .p* CIS S. HALLINN, ESQUIRE DANIEL G. SCHMIEG,`ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168868 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN Lot OR PIECE OF GROUND WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SHOWN ON THE FINAL SITE Plan OF MIDEASTERN DEVELOPMENT CORPORATION PREPARED BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS AND BEARING DATE OF March 24, 1975, AS LATEST REVISED January 15, 1979, AS LATEST REVISED January 15, 1979, SAID Plan BEING RECORDED ON February 9, 1979, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN Plan BOOK VOLUME 34, PAGE 126 AND BEING FURTHER KNOWN AS WILLIAMSBURG North, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH POINT IS LOCATED 179.78 FEET South 20 DEGREES 41 MINUTES 17 SECONDS East FROM A HUB (SET) AT THE Northeast CORNER OF THE SUBDIVISION HEREIN BEFORE REFERRED TO, WHICH POINT IS ALSO THE Southeast CORNER OF Lot #9 AND A POINT ON THE LINE OF LANDS NOW OR FORMERLY OF CYNWYD INVESTMENTS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF CYNWYDE INVESTMENTS South 20 DEGREES 41 MINUTES 17 SECONDS East, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Northeast CORNER OF File #: 168868 Lot #7; THENCE ALONG Lot #7 South 69 DEGREES 18 MINUTES 43 SECONDS West, A DISTANCE OF 119.00 FEET TO A POINT, SAID POINT BEING THE Northwest CORNER OF Lot #7; THENCE North 20 DEGREES 41 MINUTES 17 SECONDS West, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Southwest CORNER OF Lot #9; THENCE ALONG SAID Lot #9 North 69 DEGREES 18 MINUTES 43 SECONDS East, A DISTANCE OF 119.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot #8, BUILDING #6, ON THE Plan OF WILLIAMSBURG North AFORESAID, KNOWN AND NUMBERED AS 5500-H GLOUCESTER DRIVE, MECHANICSBURG, PENNSYLVANIA. TAX ID #: 13-24-0791-040 BY FEE SIMPLE DEED FROM ALICE I. HARLACHER, WIDOW AS SET FORTH IN DEED BOOK 238, PAGE 935 AND RECORDED ON 2/1/2001, CUMBERLAND COUNTY RECORDS. PROPERTY BEING: 554H GLOUCESTER STREET File #: 168868 VERIFICATION I hereby state that I am the 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 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. 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. omey for Plain ff DATE: ?? f w ! zta r. -h} o SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00209 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DZIEWIOR LORRAINE M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DZIEWIOR LORRAINE M but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 14th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers-- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 46.28 Sheriff of Cumberland County Postage 1.31 7 2. 5 9 ? 2/2o/p y 4,, 02/14/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00209 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DZIEWIOR LORRAINE M STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DZIEWIOR LORRAINE M the DEFENDANT , at 0900:00 HOURS, on the 16th day of January , 2008 at 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 by handing to LORRAINE M DZIEWIOR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 2/.t. l 6 37.60 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/14/2008 PHELAN HALLINAN SCHMIEG By: De uty Sheriff A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: bf@blazenet.net Ch C64'' ? COUNTY OF YORK OFFICE OF THE SHERIFF S(1 1960111 #168868 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE VISTI TIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THM) 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER 08_200 civil WEILS FARGO BANK, N.A. ? TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ (; LORRAINE M. DZIEWIOR MORTGAGE FORECLI& SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTAGHEU, UH SOLE) LORRAINE M. DZIEWIOR 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP. STATE AND ZIP CODE) AT 1415 OLD QUAKER ROAD, ETTERS, PA 17319 "e-u-e r I l veJ /?f(' c. 7 INDICATE SERVICE 0 PERSONAL U PERSON IN CHARGE XX DEPUTIZE CJ CART AI?L a U 1 ST CLASS MAIL U POSTED J OTHER NOW January 15 .20 08 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York. COUNTY to execute this Writ and make return thereof -according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SER4%T OF COUNTY C rnberland PLEASE ATTEMPT, SERVICE AT LEAST 3 TUMS AND 1 TIME AFTER 6FI1. ADV FEE PAID BY ATTY Please mail return of service to CLynberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof. 9. pE NAhQE TTD [M'GINATQR and SIGNATURE 1(3 IL i JFK BLVD SUITE 140U 1 10. TELEPHONE NUMBER 11 DATE FILED 5LLY PHILADELPHIA, PA 19103 215-563-7000 1-11-2008 1 END NOTIC OF SERVICE QPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 11-16-2008 12-10-2008 16. HOW SERVED' PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 22. REMARKS: PER CHRIS DZIEWIOR HE AND DEF ARE NO LONGER MARRIED, HE HAS BEEN REMARRIED FOR 8 YRS NOW, HE IS THE OWNER OF PROPERTY. HE DOES NOT KNOW CURRENT ADDRESS OF THE DEFENDANT. C 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg 32 Td. Costs 33 Costs Due or eland Check No. $100.00 '00 `VR Q? g ' 34. Foreign County Costs 35 Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs a0 osts Due or eound 41. AFFIRMED? aFndR subscribed to bet me this 5th 42. day °fG6}VV+Lf43 NOTARIAL SEAL LISA L. BOV1'MAN, NOTARY PUBLIC CITY OF YORE, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 44. Signature of 45. DATE Dep. Sheriff 46. Signature of York 47 DATE County Sheriff RICHARD P. KEUE E E SHERIFF 2-5-2008 48 Signature of Foreign 49 DATE County Sheriff AA 1- f - _. ., it..r u^? Ar ..... .. .. ,.: _ a.. jk? Lip 1 ., ?-g At r • ^ r? r e. < 3 .n xx " I .. 2 rc L .l 'i r ` Y 2 1 q1 r a . a PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 .s1'?_Z0nn ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. : CUMBERLAND County Plaintiff : Court of Common Pleas VS. : CIVIL DIVISION LORRAINE M. DZIEWIOR : NO. 08-209-CIVIL TERM Defendant(s) PRO IP T(7 ?IIB4TITIITE VERIFI OTInN TO CIVI OC'TIQN COMPI01NT IN MORTGAGE FOR C10-MIR TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 03/08/08 PHS:168868 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 WELLS FARGO BANK, N.A. Plaintiff VS. LORRAINE M. DZIEWIOR Defendant(s) CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-209-CIVIL TERM I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF 0 Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 03/08/08 PHS:168868 VERIFICATION Yolanda Williams hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatinAg to unsworn falsification to authorities. --f / 1 Williams DATE: January 10, 2008 Title:N4cJ President of Loan Documentation Company: AMERICA'S SERVICING COMPANY Loan:1115053563 File #: 168868 N 4 - _ - m A.w 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 BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 Defendant(s). CIVIL DIVISION NO. 08-209-CIVIL TERM 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 LORRAINE M. DZIEWIOR , 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 $119,128.49 Interest from 01/10/2008 to 8/13/08 $5,457.55 TOTAL $124,586.04 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: P PR 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. 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 CIVIL DIVISION Vs. CUMBERLAND COUNTY LORRAINE M. DZIEWIOR Defendants : NO. 08-209-CIVIL TERM TO: LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 u c , e DATE OF NOTICE: JULY 25.2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Ll?-,?Q??- ?? Jason Ricco, Legal Assistant 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. 3476 STATEVIEW BLVD Plaintiff, V. LORRAINE M. DZIEWIOR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-209-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned smatter, 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 LORRAINE M. DZIEWIOR is over 18 years of age and resides at, 5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _ A DANIEL G. S HMIEG, ESQUI Attorney for Plaintiff N C-- ni p SO v mow. Y+ ? ? Ab a_- (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. 3476 STATEVIEW BLVD Plaintiff, V. LORRAINE M. DZIEWIOR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-209-CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUI 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on 20O S?. By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 08-209 CIVIL TERM LORRAINE M. DZIEWIOR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/14/2008 (per diem -$20.48) Add'l Costs TOTAL $124,586.04 $2,437.12 and Costs $127,023.16 'Q4-jj 'Y's " DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban tion 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. 168868 d w? O d? ow O 00 H4 U O? v? H d O W a O N A W 0 Z O w w? 04 oa ?W th, v a In a r d a a ca v x U H W U 0 0 i ZA b 00 140 00 00 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN Lot OR PIECE OF GROUND WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SHOWN ON THE FINAL SITE Plan OF MIDEASTERN DEVELOPMENT CORPORATION PREPARED BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS AND BEARING DATE OF March 24, 1975, AS LATEST REVISED January 15, 1979, AS LATEST REVISED January 15, 1979, SAID Plan BEING RECORDED ON February 9, 1979, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN Plan BOOK VOLUME 34, PAGE 126 AND BEING FURTHER KNOWN AS WILLIAMSBURG North, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH POINT IS LOCATED 179.78 FEET South 20 DEGREES 41 MINUTES 17 SECONDS East FROM A HUB (SET) AT THE Northeast CORNER OF THE SUBDIVISION HEREIN BEFORE REFERRED TO, WHICH POINT IS ALSO THE Southeast CORNER OF Lot #9 AND A POINT ON THE LINE OF LANDS NOW OR FORMERLY OF CYNWYD INVESTMENTS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF CYNWYDE INVESTMENTS South 20 DEGREES 41 MINUTES 17 SECONDS East, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Northeast CORNER OF Lot #7; THENCE ALONG Lot #7 South 69 DEGREES 18 MINUTES 43 SECONDS West, A DISTANCE OF 119.00 FEET TO A POINT, SAID POINT BEING THE Northwest CORNER OF Lot #7; THENCE North 20 DEGREES 41 MINUTES 17 SECONDS West, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Southwest CORNER OF Lot #9; THENCE ALONG SAID Lot #9 North 69 DEGREES 18 MINUTES 43 SECONDS East, A DISTANCE OF 119.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot #8, BUILDING #6, ON THE Plan OF WILLIAMSBURG North AFORESAID, KNOWN AND NUMBERED AS 5500-H GLOUCESTER DRIVE, MECHANICSBURG, PENNSYLVANIA. TAX ID #: 13-24-0791-040 BY FEE SIMPLE DEED FROM ALICE I. HARLACHER, WIDOW AS SET FORTH IN DEED BOOK 238, PAGE 935 AND RECORDED ON 2/1/2001, CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES VESTED IN Lorraine M. Dziewior, single woman, by Deed from Alice I. Harlacher, widow, dated 01/21/2001, recorded 02/01/2001, in Deed Book 238, page 935. PREMISES BEING: 5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-040 ? aJ `V p? h_ 4 h 16- tiz) r WELLS FARGO BANK, N.A. Plaintiff, V. LORRAINE M. DZIEWIOR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 08-209 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 120 Limekiln Road New Cumberland, PA 17070 j Lower Allen Township C/o Steven P. Miner 3211 N Front St, PO Box 5300 Harrisburg, PA 17110-0300 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) Williamsburg North Associates 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 2685 Fleetwood Dr Lancaster, PA 17601 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 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. August 28, 2008 'DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ? - i7i ti rri n. r1i J 9 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. LORRAINE M. DZIEWIOR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-209 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. 0S2LM/ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ra K? F n ,c:..' [dap WELLS FARGO BANK, N.A. Plaintiff, V. LORRAINE M. DZIEWIOR Defendant(s). CUMBERLAND COUNTY No. 08-209 CIVIL TERM August 28, 2008 TO: LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,586.04 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 DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN Lot OR PIECE OF GROUND WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SHOWN ON THE FINAL SITE Plan OF MIDEASTERN DEVELOPMENT CORPORATION PREPARED BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS AND BEARING DATE OF March 24, 1975, AS LATEST REVISED January 15, 1979, AS LATEST REVISED January 15, 1979, SAID Plan BEING RECORDED ON February 9, 1979, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN Plan BOOK VOLUME 34, PAGE 126 AND BEING FURTHER KNOWN AS WILLIAMSBURG North, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH POINT IS LOCATED 179.78 FEET South 20 DEGREES 41 MINUTES 17 SECONDS East FROM A HUB (SET) AT THE Northeast CORNER OF THE SUBDIVISION HEREIN BEFORE REFERRED TO, WHICH POINT IS ALSO THE Southeast CORNER OF Lot #9 AND A POINT ON THE LINE OF LANDS NOW OR FORMERLY OF CYNWYD INVESTMENTS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF CYNWYDE INVESTMENTS South 20,DEGREES 41 MINUTES 17 SECONDS East, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Northeast CORNER OF Lot #7; THENCE ALONG Lot #7 South 69 DEGREES 18 MINUTES 43 SECONDS West, A DISTANCE OF 119.00 FEET TO A POINT, SAID POINT BEING THE Northwest CORNER OF Lot #7; THENCE North 20 DEGREES 41 MINUTES 17 SECONDS West, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Southwest CORNER OF Lot #9; THENCE ALONG SAID Lot #9 North 69 DEGREES 18 MINUTES 43 SECONDS East, A DISTANCE OF 119.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot #8, BUILDING #6, ON THE Plan OF WILLIAMSBURG North AFORESAID, KNOWN AND NUMBERED AS 5500-H GLOUCESTER DRIVE, MECHANICSBURG, PENNSYLVANIA. TAX ID #: 13-24-0791-040 BY FEE SIMPLE DEED FROM ALICE I. HARLACHER, WIDOW AS SET FORTH IN DEED BOOK 238, PAGE 935 AND RECORDED ON 2/1/2001, CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES VESTED IN Lorraine M. Dziewior, single woman, by Deed from Alice I. Harlacher, widow, dated 01/21/2001, recorded 02/01/2001, in Deed Book 238, page 935. PREMISES BEING: 5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-040 -r7 r CM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-209 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 LORRAINE M. DZIEWIOR (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 gamishee(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$124,586.04 L.L.$.50 Interest $2,437.12 Atty's Comm % Due Prothy $2.00 Atty Paid $229.19 Other Costs Plaintiff Paid Date: September 2, 2008 S l?c Curtis R. Long, Prothonotary (Seal) By:-?-? - Dep REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE 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 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Lorraine M. Dziewior Plaintiff VS. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 08-209-CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action ended without prejudice. Date: A / 1-7 //) ? Francis S. Hallirian, Esquire Attorney for Plaintiff PHS# 168868 -°" t Wells Fargo Bank, N.A. VS Lorraine M. Dziewior In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-209 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 1.35 Law Library .50 Prothonotary 2.00 Levy 15.00 Surcharge 20.00 $ 68.85 So Answers: R. Thomas Kline, Sheriff BY \, 6 (4_ 1 /1)JOA Real Estate S geant ? ;-W 1`. 60 r 4 WELI.SFARGO BANK, N.A. 0 V. Plaintiff, LORRAINE M. DZIEWIOR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 08-209 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 ,5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township C/o Steven P. Miner 3211 N Front St, PO Box 5300 Harrisburg, PA 17110-0300 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) Williamsburg North Associates 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 2685 Fleetwood Dr Lancaster, PA 17601 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and 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. August 28, 2008 i oc"J'Y' &-J, DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff r WELLS FARGO BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 08-209 CIVIL TERM LORRAM M. DZIEWIOR Defendant(s). August 28, 2008 TO: LORRAINE M. DZIEWIOR 5500 H GLOUCESTER STREET MECHANICSBURG, PA 17055 **THIS FIRMIS 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 WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 5500 H GLOUCESTER STREET, MECHANICSBURG, PA_ 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,586.04 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. r You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY GF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN Lot OR PIECE OF GROUND WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SHOWN ON THE FINAL SITE Plan OF MIDEASTERN DEVELOPMENT CORPORATION PREPARED BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS AND BEARING DATE OF March 24, 1975, AS LATEST REVISED January 15, 1979, AS LATEST REVISED January 15, 1979, SAID Plan BEING RECORDED ON February 9, 1979, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN Plan BOOK VOLUME 34, PAGE 126 AND BEING FURTHER KNOWN AS WILLIAMSBURG North, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH POINT IS LOCATED 179.78 FEET South 20 DEGREES 41 MINUTES 17 SECONDS East FROM A HUB (SET) AT THE Northeast CORNER OF THE SUBDIVISION HEREIN BEFORE REFERRED TO, WHICH POINT IS ALSO THE Southeast CORNER OF Lot #9 AND A POINT ON THE LINE OF LANDS NOW OR FORMERLY OF CYNWYD INVESTMENTS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF CYNWYDE INVESTMENTS South 20.DEGREES 41 MINUTES 17 SECONDS East, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Northeast CORNER OF Lot #7; THENCE ALONG Lot #7 South 69 DEGREES 18 MINUTES 43 SECONDS West, A DISTANCE OF 119.00 FEET TO A POINT, SAID POINT BEING THE Northwest CORNER OF Lot #7; THENCE North 20 DEGREES 41 MINUTES 17 SECONDS West, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Southwest CORNER OF Lot #9; THENCE ALONG SAID Lot #9 North 69 DEGREES 18 MINUTES 43 SECONDS East, A DISTANCE OF 119.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot #8, BUILDING #6, ON THE Plan OF WILLIAMSBURG North AFORESAID, KNOWN AND NUMBERED AS 5500-H GLOUCESTER DRIVE, MECHANICSBURG, PENNSYLVANIA. TAX ID #: 13-24-0791-040 BY FEE SIMPLE DEED FROM ALICE I. HARLACHER, WIDOW AS SET FORTH IN DEED BOOK 238, PAGE 935 AND RECORDED ON 2/1/2001, CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES VESTED IN Lorraine M. Dziewior, single woman, by Deed from Alice I. Harlacher, widow, dated 01/2112001, recorded 02/01/2001, in Deed Book 238, page 935. PREMISES BEING: 5500 H GLOUCESTER STREET, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-040 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-209 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 LORRAINE M. DZIEWIOR (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$124,586.04 Interest $2,437.12 Atty's Comm % Atty Paid $229.19 Plaintiff Paid Date: September 2, 2008 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotary By: _ n ' , Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE 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 Supreme Court ID No. 62205 Real Estate Sale #67 On September 5, 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 5500 H Gloucester St., Mechanicsburg more fully described on Exhibit "A" ,r filed with this writ and by this reference incorporated herein. ? Date: September 5, 2008 By: Real Es t Sergeant