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HomeMy WebLinkAbout08-0469PHELAN 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 169548 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C$- q(oq &vIt ?erm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169548 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 #: 169548 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 #: 169548 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 #: 169548 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/22/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PRESIDENTIAL BANK, FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1832, Page: 1272. By Assignment of Mortgage recorded 08/27/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 700, Page 4687. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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 #: 169548 6. The following amounts are due on the mortgage: Principal Balance $79,097.70 Interest $2,026.40 08/01/2007 through 01 /17/2008 (Per Diem $11.92) Attorney's Fees $1,250.00 Cumulative Late Charges $112.64 08/22/2003 to 01/17/2008 Cost of Suit and Title Search $550.00 Subtotal $83,036.74 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $83,036.74 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 #: 169548 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,036.74, together with interest from 01/17/2008 at the rate of $11.92 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 B. 2U FRANCIS S. H LLINAN, 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 #: 169548 ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of Southampton, Camberiand County, Penmsylvamia, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as follows, to-wit: BEGE4NING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-xis and forty-nine hundredths (129.49) feet to a poird, being the common comer of Lots No_ 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common comer of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees tlrir"no (31) mimies thirty-three (33) seconds West one hundred twenty and Eft-six hundredths (12056) feet to a point in lime of Lot No. 68, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nice (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common comer of Lots No. 68 and No. 69; thence North eighty-two (82) degrees fifty-five (55) minutes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point iu the western edge of Helen Avenue, being a common turner of Lots No. 70 and No. 69; thence by the Western edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) *et and a chord length of ninefy- six and twc ty-nine hundredths (9629) lbet, a distance of ninety-six and thirty-five hundredths(96.35) fxg to the point and place of BEGEVING. CON><'ADMG 16,422 square feet, per survey of7.IL Rife, LS., dated February 9,1973. PROPERTY BEING: 53 HELEN AVENUE PARCEL NO. 39-36-2438-046 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. Attorney for Plaintiff DATE: ??/ ' ? ? tl W C _ --a N } V_. „4., PHtLAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 -215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant (s) ATTORNEY FOR PLAINTIFF CUMBERLAND County COURTHOUSE Court of Connon Pleas CIVIL DIVISION NO. 08-469- CIVIL TERM FILE: 169548 LOAN # 0189038698 PR ECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. i 1 Francis S. Hallinan, Esquire Attorney for Plaintiff 4 Dated: 1 VERIFICATION Steven Patrick hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK N.A., 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 relating to unworn falsification to authorities. ot-? - /?- Name: Steven Patrick DATE: January 21, 2008 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan:0189038698 File #: 169548 94 ' 4 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant (s) ATTORNEY FOR PLAINTIFF : CUMBERLAND COURTHOUSE County Court of Common Pleas CIVIL DIVISION NO. 08-469- CIVIL TERM FILE: 169548 LOAN # 0189038698 CERTIFICATE OF SERVICE 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: JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 a Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 3/18/08 n ? CP (?i Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. VS. James Salisbury a/k/a James E. Salisbury Court of Common Pleas Civil Division Cumberland County No. 08-469-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, James Salisbury a/k/a James E. Salisbury, by first class mail and certified mail to the Defendant's last known address and mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257, posting of the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, James Salisbury a/k/a James E. Salisbury, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", this address is vacant. 3 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of May 7, 2008, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 24, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's April 24, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 7, 2008 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, James Salisbury a/k/a James E. Salisbury, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hal LLP By. Daniel G. c ieg, Esquire Attorneys for Plaintiff May 7, 2008 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. VS. James Salisbury a/k/a James E. Salisbury Court of Common Pleas Civil Division Cumberland County No. 08-469-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the conect address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, helan HLLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 7, 2008 6 fM - NOT FOUND CASE NO: 2008-00469 P COMMONTWEALTH OF PENNSYLVANIA COUNTY.OF CUMBERLAND WELLS FARGO BANK N A VS SALISBURY JAMES AKA JAMES E R.-Thomas Kline No. I V40 r. L ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within. named DEFENDANT nTT r[?TITTri" TT LRT?['? TT7T YTML'C' V. CT T_T COTTnfl but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT SALISBURG , 53 HELEN AVENUE NOT FOUND , as to , SALISBURY JAMES AKA JAMES E SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT Sheriff's Costs: So answers; Docketing 18.00 r' Service 19.20 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 52.20 PHELAN HALLINAN SCHMIEG 03/17/2008 Sworn and subscribed to before me this day of A. D. FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 169548 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: James Salisbury Property Address: 53 Helen Avenue, Shippensburg, PA 17257 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James Salisbury - xxx-xx-0760 B. EMPLOYMENT SEARCH James Salisbury - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James Salisbury reside(s) at: 53 Helen Avenue, Shippensburg, PA 17257. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for James Salisbury. B. On 01-08-08 our office made several telephone calls to the phone number (717) 696- 8668 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 01-08-08 our office made several phone calls in an attempt to contact James R. Blankenship & Marjorie Y. Blankenship (717) 530-1266,50 Helen Avenue, Shippensburg, PA 17257: answering machine. On 01-08-08 our office made several phone calls in an attempt to contact Michael K. Gephart & Melissa M. Gephart (717) 532-3677,54 Helen Avenue, Shippensburg, PA 17257: answering machine. On 01-08-08 our office made several phone calls in an attempt to contact Matthew Carr (717) 530-5848,100 Helen Avenue, Shippensburg, PA 17257: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-08-08 we reviewed the National Address database and found the following information: James Salisbury - 53 Helen Avenue, Shippensburg, PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on James Salisbury. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-08-08 Vital Records and all public databases have no death record on file for James Salisbury. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for James Salisbury residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH James Salisbury -12-18-1957 B. A.K.A. James E. Salisbury * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ..,_ COMMONWEALTH OF NOTARIAL SEAL AFFIANT - Brendan Booth NORA M. FERRER, Notary Pu* Full Spectrum Legal Services, Inc. City of Philadelphia, Phila. Covnty My Commission Expires November 22, 2009 Sworn to and subscribed before me this 8th day of January, 2008. ; 'pr, The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 24, 2008 James Salisbury aVa James E. Salisbury 53 Helen Avenue Shippensburg, PA 17257 RE: Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. vs. James Salisbury a/k/a James E. Salisbury Premises Address: 53 Helen Avenue, Shippensburg, PA 17257 Cumberland County, No. 08-469-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 1, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 9 o a? r ? -- ? ? ? rn U A w N ? ? a. N z N r o = 3 * ? ""? iF * B • A 7 ? dF _ c s dt• ti ? a 7d '? r] o. Z ?77 ? 8 A ? y O I y b L1 N O r• y A 0 3 ? ,byr, >y M M ? a N C t? Q? pt N a vNi ? O N ?•t `,G O Q A b ?Q 0 y F N O ??ee N CD E3 n y. O 7 O. £ G b E. 3?Xr. N CxD 0 fD m P? Gi W x (CD P U F 10 'U dQ L ti p V ? Crl co ? O 10 H b ?' o h is O 'C ? r* W OCI fi b ti ? Q n a ? a ? N b N N O l? ?pf SP N M-4-4r-' - Nwwmvmw EPrrNfrN v aovuss 02 1M $ 01.050 0004218010 APR 25 2008 MAILED FROM ZIP CODE 18103 m VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP B Dance ? ieg, Esquire Attorney for Plaintiff May 7, 2008 7 'Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Court of Common Pleas Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. Civil Division VS. Cumberland County No. 08-469-Civil Term James Salisbury a/k/a James E. Salisbury CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. James Salisbury a/k/a James E. Salisbury: 53 Helen Avenue Shippensburg, PA 17257 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: May 7, 2008 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By' Danie chmieg, Esquire Attorney for Plaintiff 8 l a - 1 j r.._ c a - w ? °? ' ?-C X51 t 'S7? co -?. co Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff VS. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-469-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 1, 2008 PHELAN HALLINAN SCHMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 169548 ra co 0 _ co 17 o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. Civil Division vs. No. 08-469-Civil Term James Salisbury : a/k/a James E. Salisbury ORDER MAY 0 9 20081W/ 4 AND NOW, this . Z- day of y??A- , 2008, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, James Salisbury a/k/a James E. Salisbury, by: 1. Posting of the premises: 53 Helen Avenue, Shippensburg, PA 17257. 2. First class mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 3. Certified mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 4. Publication in accordance with PA. R.C.P. 430. BY TH COURT: J. 2 Lt/7- A,liL 0 *6 WV I A vW goUZ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 211-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-469-CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 11, ?009 PHELAN HALLINAN & SCHMIEG, LLP B: Y6 RANCIS S. HAL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jjn, Svc Dept. File4 169548 94, ray ` , ? "C% SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00469 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS SALISBURY JAMES AKA JAMES E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SALISBURY JAMES AKA JAMES E SALISBURG but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT SALISBURY JAMES AKA JAMES E SALISBURG 53 HELEN AVENUE , SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT Sheriff's Costs: Docketing 18.00 Service 19.20 Not Found 5.00 Surcharge 10.00 00 5 2 . 2 0 So ans -R Thomas Kline Sheri of Cumberland County P AN HALLINAN SCHMIEG 0 /17/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS SALISBURY JAMES AKA JAMES E 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: SALISBURY JAMES AKA JAMES E SALISBURY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT-- MORT FORE On March 17th , 2008 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Postage .97 25.97 v 4/2 J11,oA - 03/17/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , omas aline ff of Cumberland County A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS SALISBURY JAMES AKA JAMES E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SALISBURY JAMES AKA JAMES E SALISBURG the DEFENDANT at 0019:00 HOURS, on the 17th day of June , 2008 at 53 HELEN AVENUE SHIPPENSBURG, PA 17257 POSTED PROPERTY LOCATED AT by handing to 53 HELEN AVE, SHIPPENSBURG 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 17.00 Affidavit .00 Surcharge 10.00 Posting X6.000 4ll,g10 5? 1,00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/18/2008 PHELAN HALLINAN & SCHMIEG By: e-IDeputy-Sheriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank NA vs. James Salisbury aka James E. Salisbury 08-469 civil No. Now, January 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at 20 , at o'clock M. served the by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF' S RETURN - NOT FOUND ?rr'r CASE NO: 2008-00023 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN WELLS FARGO BANK NA VS JAMES SALISBURY AKA JAMES E DANE M ANTHONY , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SALISBURY JAMES AKA JAMES E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS , , NOT FOUND , as to the within named DEFENDANT , SALISBURY JAMES AKA JAMES E 197 PARK HEIGHTS SHIPPENSBURG, PA 17257 CLAIMS HE WAS NEVER OWNER OF PROPERTY(PROVED BY SSN) Sheriff's Costs: So an s: Docketing .00 Service .00 Affidavit .00 DMqf M ANTHO Y Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 PHELAN HALLLINAN & SCHMIEG 06/05/2008 Sworn and subscribed to before me this AI - day of b?-dy A.D. Notanzy _ U NotKw SW Richard A McCarty, NoWy Public Chamb *n Hor% F= Mm County M Commissi Jan. 29.2011 Ly .r 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. VS. James Salisbury a/k/a James E. Salisbury : Civil Division : Court Of Common Pleas : Cumberland County : No. 08-469-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated May 12, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Cumberland Law Journal on June 27, 2008 and The Sentinel on June 18, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. S F ancis S. Hallinan, Esquire Date: August 15, 2008 Jason Ricco Service Dept. -ft. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 27, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 7)4 vjot'z- ( - LI/ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me thi 27 day of June, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PUbiiC CARLISLE BORO, CUMBERLAND Q My Commission Expires Apr 28 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In The Court Of Common Pleas Of Cumberland County, Pennsylvania Civil Action-Law NO. 08-469-CIVIL TERM WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. VS. JAMES SALISBURY a/k/a JAMES E. SALISBURY NOTICE TO JAMES SALISBURY a/k/a JAMES E. SALISBURY: You are hereby notified that on JANUARY 22, 2008, Plaintiff, WELLS FARGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC. filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 08-469-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 53 HELEN AVENUE, SHIP- PENSBURG, PA 17257 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 27 13 .0 . ` PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 18, 2008 COPY OF NOTICE OF PUBLICATION ._ t wE [t1K?teeer a - ?: MBiY!lrM , 77 F ?r -. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 181h day of Tune, 2008. Notary I-Ifiblic 41? ?V' }5, L a? -fir 1. i My commission expires: 42) 6101 N01MK am BONM A CAW Nft" h?bNc IC- AN MM10ROUG".CUMMOLANDCOMW Mb COMMbNon ih ip h Jun $. 2M d co fk.. • ? rn ?? AN AWAO" J W a OK) A *#*A VOW ??y/)y??t? .t?3A ?'? 9M?W8 f7A~??vm E 11 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 CUMBERLAND WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-CIVIL TERM JAMES SALISBURY A/K/A JAMES E SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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 JAMES SALISBURY A/K/A JAMES E SALISBURY, 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 $ 83,036.74 Interest from 01/18/2008 to 09/08/2008 $2,801.20 TOTAL $85,837.94 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,, copy attached. t DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 91/0/08 P PRO 169548 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 CUMBERLAND WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. JAMES SALISBURY A/K/A JAMES E SALISBURY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-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 JAMES SALISBURY A/K/A JAMES E SALISBURY is over 18 years of age and resides at, 53 HELEN AVENUE, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r DANIEL G. SC MIEG, ES IRE Attorney for Plaintift/ 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., S/B/M WELLS FARGO : COURT OF COMMON PLEAS HOME MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JAMES SALISBURY, A/K/A JAMES E. SALISBURY :NO. 08-069-CIVIL TERM Defendants TO: JAMES SALISBURY, AXIA JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 DATE OF NOTICE: AUGUST 6 ,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 O ?..?, 9? g, ro c . { C:D -? ?rf (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUMBERLAND WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-CIVIL TERM JAMES SALISBURY , A/K/A JAMES E SALISBURY , Defendant(s). , Notice is given that a Judgment in the above-captioned matter has been entered against you on N%ga 10 2008. By: 0"995&& DEPUT If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG,? UIRE Attorney for Plaintiff ' ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant(s). No. 08-469-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/09/2008-03/04/2009 (per diem -$14.11) Add' 1 Costs TOTAL $85,837.94 $2,497.47 and Costs $3.207.21 $91,542.62 `?C7ynAllJC ?C 1 1??ymc p n , DANIEL G. SCHMIEG, ESQLE 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. 169548 ;01, ? z w? a ? o za .? ?w a? ¢, w o 3 .? r p Q oa '? w 0 Q. d oa v t- in N r d a pG w a w x tr n ? 99 MAY 0 9 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. vs. James Salisbury a/k/a James E. Salisbury Civil Division No. 08-469-Civil Term ORDER AND NOW, this .,/24k day of , 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, James Salisbury a/k/a James E. Salisbury, by: 1. Posting of the premises: 53 Helen Avenue, Shippensburg, PA 17257. 2. First class mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 3. Certified mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: In Teaff °-ny wherad, i here unto 8w1 my hand vtd 1ho seal of said Cowt_a! Carlisle, ft, -Wk .U At 11-1-7,, tt1 / 2 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., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. _Omy?d ?. " 014 DANIEL G. SCHMIEG, ESQL4RE Attorney for Plaintiff r? -n C? C'? ? ? .--a D ? 5 fie', . t,'t ?x ? ? ? ? ? ? w ; `= .? ? .? t? WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, 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 53 HELEN AVENUE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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) HOUSEHOLD REALTY CORPORATION C/O 123 SOUTH BROAD STREET, SUITE 2080 MARC S. WEISBERG PHILADELPHIA, PA 19109 HERSHEY MILTON S. MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 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) MERS AS NOMINEE FOR ADVANCED P.O. BOX 2026, FLINT MI 48501-2026 FINANCIAL SERVICES MERS AS NOMINEE FOR ADVANCED 3300 SW 34TH AVENUE SUITE 101 FINANCIAL SERVICES OCALA, FL 34474 MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES CIT SMALL BUSINESS LENDING CORPORATION 25 ENTERPRISE CENTER, NEWPORT, RI 02842 1 CIT DRIVE, LIVINGTON, NJ 07039 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 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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. September 24, 2008 _tv Q DATE DANIEL G. SCHMIEG, ESQt7IRE Attorney for Plaintiff N c? [? -? G ? ?- ?, ;:r . ? ?' -?? fi ` tt ,. , . - ?. t ?? ?-- c ; ? ?.. "?:. ? :: ?? -- - ? . WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant(s). CUMBERLAND COUNTY No. 08-469-CIVIL TERM September 24, 2008 TO: JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 "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 A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 53 HELEN AVENUE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,837.94 obtained by WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, 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 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 ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of Southampton, Cumberland County, Pennsylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as follows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) seconds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common comer of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty-two (82) degrees fifty-five (55) minutes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 70 and No. 69; thence by the Western edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninety-six and thirty-five hundredths(96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9,1973. BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attorney-in-Fact, Richard Brown, dated 08/15/2001, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2438-046 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08469 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARAGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JAMES SALISBURY a/k/a JAMES E. SALISBURY (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 na rned 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 $85,837.94 L.L.$ 0.50 Interest from 9/09/08 - 3/04/09 (per diem - $14.11) -- $2,497.47 and Costs Atty's Comm % Atty Paid $268.17 Other Costs $3,207.21 Plaintiff Paid Date: 9/26/08 Prothonotary (Seal) By: Due Prothy $2.00 Deputy REQUESTING PARTY: Name: DANIEL G. SCFIMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JAMES SALISBURY A/K/A JAMES E. SALISBURY CIVIL DIVISION NO. 08-469-CIVIL TERM Defendant. AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JAMES SALISBURY A/K/A JAMES E. SALISBURY on SEPTEMBER 24, 2008 at 53 HELEN AVENUE, SHIPPENSBURG, PA 17257, in accordance with the Order of Court dated MAY 12, 2008. The property was posted on OCTOBER 4, 2008. Publication was advertised in THE SENTINEL on OCTOBER 15, 2008 & in THE CUMBERLAND LAW JOURNAL on OCTOBER 24, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unworn falsification to authorities. PHE HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, E UIRE Dated: November 6, 2008 MAY 0 9 2008 IN THE COURT OF- COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage, Inc. VS. James Salisbury a/k/a James E. Salisbury Civil Division No. 08-469-Civil Term ORDER AND NOW, this 4k day of _?S 't , 2008, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, James Salisbury a/k/a James E. Salisbury, by: 1. Posting of the premises: 53 Helen Avenue, Shippensburg, PA 17257. 2. First class mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 3. Certified mail to James Salisbury a/k/a James E. Salisbury at the last known address and the mortgaged premises, 53 Helen Avenue, Shippensburg, PA 17257; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: TRUE COQ Y 'i'RO FECORU in Tee in-- n wheraof, I mare unti sWI mY fund vid i of said Ctwfi a,, Cafi , Pa. th?,_ / day ` 2 r ... b? N Z N r. ? N a? N W .P ? ? J ? ?I p ? t to 0 o b LL??] t'/1 ? Z "' 1 7 'w oo i+ io 7? tr1 n " 0 _j x oho''`' C d"? 7' x A ] ? Qll C) CRL H ? y r r Q ?t d Oil ? ? Cr'? r+ N .-? coo ? to rl Q o o Alt rld, lo 9 a r o ° p ?? B c.I v b r•+ CD a CD??, W O 6 b x? a Wig OU r 7y Csf a a W o a ?? ?. ? C ? d n a ? cno <°?°? 9 r r G bi ui o}7 ?.., a r ° cNn ? o ?. ? ? ? rr?' N ? K op 1? 0400" S? d.,.. , f p?2?4421gQ10 Z?P??E191p3 Sep ° ? C mA tf-'o Fg N ? S W , `s W ^? Q Q fl, ° 7s ° b i A R 7178 2417 6099 0013 7183 4/TNW JAMES SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0013 7183 Status: Delivered Your item was delivered at 9:21 AM on October 6, 2008 in PHILADELPHIA, PA 19103. Page 1 of 1 Home I Help Tack & Con&m i-12- Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. dla Return Receipt (Electronic) Verify who signed for your item by email. 80> Forms ov4 Servi C t U Pol oy w Jots P .Yacy T erms_O Us.e. N_?t.19n-r" -Plre1Pie[AS&9.Wt& s ontac site Mao . . .. . Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA 0 i l , l,. ", . jj 1!1111111 Iir t http://trkcnffiml -smi.uses.con/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 11/6/2008 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTEFF WELLS FARGO BANK, N.A., S/B/M / WELLS FARGO HOME MORTGAGE, No. 08469-CIVIL TERM INC. ACCT. #169648 DEFENDANT(S) JAMES SALISBURY A/K/A JAMES E. SALISBURY Type of Action - Notice of Sheriff's Sale PLEASE POST AT 53 HELEN AVENUE, Sale Date: MARCH 4, 2009 SHIPPENSBURG, PA 17257 c_ / // SERVED Served and made known to c> ,•/vty Defendant, on the day of QC , 200 ', at 3 o'clock Pm., at , 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: nbsj? /"i&D ;4: &06./ Description: Age Height Weight Race Sex Other I, - z 10.v ,4X-7.4- , 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 !e ,forth herein, issued in the captioned case on the date and at the address indicated above. Sworn and subscribed Ken W. Bakor before me ?is day f ,200$ BV "J08016 o N y By: -4231 44ioXTLEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public NOT SERVED State of New Jersey PATRICIA E. HARRIS OrChomission EmAnpo6une 16.2013 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 15` Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PROOF OF PUBLICATION State of Pennsylvania. County of Cumberland Erica Peterson Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 15, 2008 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-469-CIVIL TERM WELLS FARGO BANK, NA, S/B/M WELLS FARGO HOME MORTGAGE, INC. V3. JAMES SALISBURY A/K/A JAMES E. SALISBURY NOTICE TO: JAMES SALISBURY A/K/A JAMES E. SALISBURY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL THAT following described lot of ground situate, lying and being in SOUTHAMPTON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Your house (real estate) at 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on MARCH 4, 2009at I O:OOAM, at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $85,837.94 obtained by WELLS FARGO BANK, NA, S/B/M WELLS FARGO HOME MORTGAGE, INC., (the mortgagee), against your Prop. sit. in the City of, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 Improvements consist of residential property. Sold as the property of JAMES SALISBURY A/K/A JAMES E. SALISBURY- TERMS TERMS OF SALE: The purchaser at the sale must take ten (10%) percent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. Daniel Schmieg, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ar true. Sworn to and subscribed before me this Notar Public LEGAL DESCRIPTION My commission expires: ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of Southampton, Cumberland County, Pennsylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as follows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) seconds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty-two (82) degrees fifty-five (55) minutes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 70 and No. 69; thence by the Western edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninety-six and thirty-five hundredths(96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9,1973. NOTARIAL SEAL BONITA A CANUP Notary Public CART ISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Jun 8, 2004 BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attorney-in-Fact, Richard Brown, dated 08/15/2001, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 PARCEL NO 39-36-2438-046 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 24, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 24 day of October, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-469-CIVIL TERM WELLS FARGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC. VS. JAMES SALISBURY a/k/a JAMES E. SALISBURY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JAMES SALISBURY a/k/a JAMES E. SALISBURY ALL THAT following described lot of ground situate, lying and being in SOUTHAMPTON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Your house (real estate) at 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on MARCH 4, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $85,837.94 obtained by WELLS FARGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC., (the mortgagee), against your Prop. sit. in the City of County of CUMBERLAND, and State of Pennsylvania. Being Premises: 53 HELEN AV- ENUE, SHIPPENSBURG, PA 17257. Improvements consist of residen- tial property. Sold as the property of JAMES SALISBURY a/k/a JAMES E. SALIS- BURY. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of South- ampton, Cumberland County, Penn- sylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as fol- lows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty- one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) sec- onds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty- two (82) degrees fifty-five (55) min- utes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 3 . CUMBERLAND LAW JOURNAL 70 and No. 69; thence by the West- ern edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninety-six and thirty-five hundredths (96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9,1973. BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attor- ney-in-Fact, Richard Brown, dated 08/15/200 1, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AV- ENUE, SHIPPENSBURG, PA 17257. PARCEL NO. 39-36-2438-046. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Oct. 24 4 ?? ? a ? "T7 C ?'?- T ??? 1 , .. , G.. ' ? ?.. r_._J ??w .j - } S'^43 -d7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County JAMES SALISBURY No. 08-469-CIVIL TERM A/K/A JAMES E. SALISBURY Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 22, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on September 10, 2008 in the amount of $85,837.94. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $79,097.70 Interest Through March 4, 2009 $6,883.14 Per Diem $11.92 Late Charges $112.64 Legal fees $1,550.00 Cost of Suit and Title $2,716.40 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $350.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $94.98 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,342.86 TOTAL $93,147.72 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 12, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: i Z C °5 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County JAMES SALISBURY No. 08-469-CIVIL TERM A/K/A JAMES E. SALISBURY Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES SALISBURY A/K/A JAMES E. SALISBURY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 53 HELEN AVENUE, SHIPPENSBURG, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of PittsburgJi v Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ! ! z? By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" } ? C • •- { = -0 ICT t -` _ `s'+ om ? N -? .. PHELAN 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) 563-70M 169548 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 4e,9 Civil lerwl CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We here Within t".Gec'ertify ro vle correct true and...,' on9in copy Of the of fiie Pt u d Of rec'Ord ?4y ti File #: 169548 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 #: 169548 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 N: 169548 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 #: 169548 L 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/22/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PRESIDENTIAL BANK, FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1832, Page: 1272. By Assignment of Mortgage recorded 08/27/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 700, Page 4687. 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 09/01/2007 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 N: 169548 6. The following amounts are due on the mortgage: Principal Balance $79,097.70 Interest $2,026.40 08/01/2007 through 0l /17/2008 (Per Diem $11.92) Attorney's Fees $1,250.00 Cumulative Late Charges $112.64 08/22/2003 to 01/17/2008 Cost of Suit and Title Search 550.00 Subtotal $83,036.74 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $83,036.74 7 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 N: 169548 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,036.74, together with interest from 01/17/2008 at the rate of $11.92 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. ?vv FRANCIS S. H LINAN, 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 #; 169548 ALL the following described real estate, together with improvements thereon emted, lying and being situated in the Township of Southampton, CumberLad County, Penw7houla, being Let No. 70 is Section 3 in the Development known as Soutk Mountain Esbtes, said plan recorded is Plan Book 27 at page 117, bounded and described *9 foAows, to-wit: BEGINNING at a point in the' Western edge of Halen Avenue, said point being a counu m corner of Lot No. 76 acrd the with conveyed. lot•, thex+ao by Lot No. 76 South seventy-six (76) degrees seven (07} wafts forty (40) seconds West one hundred two nty-oice and forty mane hundredths (129 49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thkiny-one (31) n&Acs tbi ty (30) sccon& Want thaty (30.00) feet to a poirt, being a common corner of Lou No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees t*W-one (31) minutes thktywthnce (33) seconds West one hundred twenty and fifty-six hundredths (120.56) fiat to a point in lino of Lot No. 68, being a common comer of Lots No. 70 and No. 80; the nee by Lot No. 68 South ewgrnkw (89) degrees twemty,-xn= (27) n&xtas fifty-two (52) seoonds East twenty (20.00) feet to a point, being a common comer of Lots No. 68 and No. 69; Race North eighty-two (82) degrees fifty-five (55) des 583N-live (55) secomb East one bzWred thirty-three and thVy one hmdredths (133.31) fleet to a point is the weatem edge of Hales Aveium, being a common cornet of Leta No. 70 and No. 69; thence by the Western edge of said Mcka Avemie can a cave to the left having a radius of cWt hundred eleven and thirty-cat Madre tlst (811.36) float and a o ord length of ninety= air[ and twaatpmine lundreaft (96.29) '*ct, a distance of ninetpaix and tbirty-five htmdredths(9635) Scat to the point and place of BEGINNING. CONTAINING 16.422 square feet, per survey of XIL Rife, R.S., dated February 9,1973. PROPERTY BEING: 53 HELEN AVENUE PARCEL NO. 39-36-2438-046 . 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 unsworn falsifications to authorities. Attorney for Plaintiff DATE: /? Exhibit "B" eHELAN HALLINAN & SCMMMG, 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 CUMBERLAND WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD §70RNEY FILL . Plaintiff, PLEASE RETUr v. JAMES SALISBURY A/K/A JAMES E SALISBURY • CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-CPAL TERM 53 HELEN AVENUE r SHIPPENSBURG, PA 17257 4: ° O • rTir;,., q ? •? Defendant(s). f77 _--_?7 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T(h ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: c''a ATTORNEY FILE COPY w Kindly enter an in rem judgment ifi S&INR ffand- ainst JAMES SALISBURY AWA JAMES E SALISBURY 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 $ 83,036.74 Interest from 01/18/2008 to 09/08/2008 $2,801.20 TOTAL $85,837.94 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 accor ?ule 237 copy attached. A TARK 'U kEW DANIEL G. SCT.at Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: to p P PRO _ 169548 Exhibit "C" a?'1 fr : w N 8 1,0oo a? cn .01 w N •- fog 01 .? B c. rTo ? C a ? o g ? $, e yo O ?-n 00? ? 'Doo°a N ? M O O O 3'aoo 3 . C> 0 0 O ? n G ' p A G < y O ? 0 h A O y 3 ? ? m ?. frl n' a 5 ? a 6 m a 5 0 ®gTNEY BOWES a 7 G. 0 .? $01 100 - 02 1M y 000421 801 0 JAN 1 2 2009 MAILED FROM ZIP CODE 19 103 R ?y.g r ?am A H ? „d •z a Hr A_ CD Ci0 CD I M ? O A a a a? r a ? ro CrJ V ? (D ? O O ? yy ro A a z ? a A y b Y J e? A L? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: I ?z(df By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant CUMBERLAND County No. 08-469-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP DATE: / 2 a By: Michele M. Bradford, Esquire Attorney for Plaintiff +r"ti„ "" ?? 4J _ .. .. f ? ii ^"3 ,__ ? ?' . ?' ? .. :k" ?^: ` ? r ?- JAN 2 3 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Court of Common Pleas Civil Division CUMBERLAND County No. 08-469-CIVIL TERM Defendant RULE BY TH COURT J. AND NOW, this 2 6 day of ?eT2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Z O cla7.! Rule Returnable , Coil ia. ,V1 y'F l i,? .f t 1 1 •8 WV LZ NVf 60OZ 11 1, ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 169548 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-469-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 10, 2009 was sent to the following individual on the date indicated below. JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 DATE: z/'r /. 7 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff c A ?, -,I cil W WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. VS. JAMES SALISBURY A/K/A JAMES E. SALISBURY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-469-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. hereby verify that true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 12, 2009 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .? WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, v. JAMES SALISBURY A/K/A JAMES E. SALISBURY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-469-CIVIL TERM Defendant(s). AMMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A, S/B/M WELLS FARGO HOME MORTGAGE, 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,53 HELEN AVENUE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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) HOUSEHOLD REALTY CORPORATION C/O 123 SOUTH BROAD STREET, SUITE 2080 MARC S. WEISBERG PHILADELPHIA, PA 19109 HERSHEY MILTON S. MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 HOUSEHOLD REALTY CORPORATION FAGER R F COMPANY FAGER R F COMPANY C/O JOHN S. KUNDRAT, ESQ. P.O. BOX 8604 ELMHURST, IL 60126 2058 STATE ROAD CAMP HILL, PA 17011 107 BOAS STREET HARRISBURG, PA 17102 4: Name and address of last recorded holder of every mortgage of record: Name MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES CIT SMALL BUSINESS LENDING CORPORATION P.O. BOX 2026, FLINT MI 48501-2026 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 25 ENTERPRISE CENTER, NEWPORT, RI 02842 1 CIT DRIVE, LIVINGTON, NJ 07039 HOUSEHOLD REALTY COPRPORATION 577 LAMONT ROAD ELMHURST, IL 60126 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Last Known Address (if address cannot be reasonably ascertained, please indicate) 53 HELEN AVENUE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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. October 13, 2008 DATE 00 J O? lh A W N r q- z C a' M eAeo [y?y ???ii?n? n??1 ??xi ? b xj '2 N N O y ? ? ? ? ?, % ? 1? ? O o ,3 r ? Iry ?1 v ? ?? ? ? ? o l 7dA boo J e ??o c0O yor q 0-4 ti N C?7 n 0 N O x, ? g 7 R fi Cci ro CA a ? H A o w a , o •o o w M ?' g $ m o ? ewe FQ? y. e y w ?p 00 art g n a 00 x r F- F? o A . fxY y. b ff. O. 7 ? ? O O w ' r [71 6s P g S. h` fox % mi W- a 2 x H ° ' ? ?. t . 112 "4 °"roer e s 000 $ 01 • G a Y • 4 J , .520 4218 01 OCT MAfLEQ FFtp 4 0 M 2!P O QE 03 191 w gv? w „ n v m x o c ?s OQI ? G. aN ? O 't3 !'r1 v? -0 a? 'p C N b R b r r b C4 0 O "IVrJ n C' W A O CD C/] - ?.v ' ~ r . - y P r- z N ~ G ?O 00 J O? Cn A W N ~ co C N .? d y ? tz tz ?o z ?t ?C 3 ? Sri a eo N CA d o? .b ? a? 01 C? 5"o ? ,U b z It C7 0 ° ro° C) W C7 d rz ° m A o E p t- ? ., y 0-i N til zm, ?4 w A MW 0 Z co x ro z N Z t" p 'Ch.o 0 e - c-i, y nR ? b 0 -1 > N Q ' j n ? > ?rj Vu 00 m " g: a z x ? i ? N r W ? Z o ti ?? ?O ?O om'., tyrJO ?? ? d< ? ? ? t t17Z ' a ?? v to H C ?. C C o. r ;- ON t Y ? r r? oc? a an e n ° ?n d x? Gn ° o ? o y ?,? o , ?. a r o y L, LQ 406 C) 00 c'E.o H ? g A H V' p O O y H_ an an a C ° ;? y C (D S a_ 8 0, E. w° 8 "" r o m a°Ac `O o ,LQ 00 3 g -w S " a o ?" o o ' w - 3 •e a W CD g PST I n ?• ? s ` ` ?. F . . s_? pRNEY now? z 46° a . a g N_. -.S' ? 3 $ 04. 02 IMp 30 2008 0004218010 OM ZIPCODE 19103 n x? n MAILED FR b ??+ yQo o c `? o " 5 0 Oa? AA w? CL ?d .O O ax -CD Qa -0 00 •P ? h x° 0 r O? ?Z n r 'r b 0 a a a a? d ? •ti ° ?4 UGz,•? a a ? ? a ro ? ? Q as zdo M 1 w CA V r" a 1 a W bY0 Q CO C8 t 3Qood2 WO2U U3,,VW doz ZO $ 108 lPU z ,000 Sam-Ow A Aid. c O NsbdSplay d a I e "s a a q d 0 Y Q z" E Z m v Y Q 00 O N ? W rn Q ?oa r U en C4 W V U A v3 Z 0 0 s u ?w YREy ? ,VVp C a $ .. Kin '? O n 00 •? 8 C O H q V ? 5•a? 79 C ? O i io v .5 a .? . 0 a 0. ?o A Vs u W•? kc ? - all t+ o'b H u Y 00 V1 ? 9 VV p w U ? W •• •C p 7 'SiV g e'a pVp ? h p 0 OVD b Q ? Tyy U G 's }I V V V1 a C? ? o a? u c?' C/1 0 z? O T z ^' M ct V'1 ?O I- 00 O, O??+ o Co ('tY r. -may PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Court of Common Pleas Civil Division CUMBERLAND County No. 08-469-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on January 21, 2009 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: Z? By: Michele M. Bradford, Esquire Attorney for Plaintiff .? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-469-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 DATE: Z4 Phelan Hallinan & Schmieg,, LLP ID7 By: l/ Michele M. Bradford, Esquire Attorney for Plaintiff r --w. 41 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of SEPT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 469, at the suit of WELLS FARGO BANK N A against JAMES SALISBURY AKA JAMES E is duly recorded as Instrument Number 200913362. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o2 Y day of Z,V . A.D. -,/ OZ9 of Deeds 04A& Como MW County, CorM. PA W CmIwWw Ew" tv Fiat Monday d Jw 2010 Wells Fargo Bank, N.A., s/b/m In The Court of Common Pleas of Wells Fargo Home Mortgage, Inc. Cumberland County, Pennsylvania VS Writ No. 2008-469 Civil Term James Salisbury a/k/a James E. Salisbury Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2008 at 1920 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James Salisbury a/k/a James E. Salisbury, by posting the premises located at 53 Helen Ave., Shippensburg, Cumberland County, Pennsylvania pursuant to order of court, according to law. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1721 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James Salisbury a/k/a James E. Salisbury located at 53 Helen Ave., Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: James Salisbury a/k/a James E. Salisbury, by regular mail to his last known address of 53 helen Ave., Shippensburg, PA 17257. This letter was mailed under the date of January 9, 2009 and returned to the Sheriffs Office on January 13, 2009. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $10,000.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., of 3476 Stateview Boulevard, Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 2,500.00 Sheriff s Costs: Docketing $30.00 Poundage 200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 37.80 Levy 15.00 Surcharge 20.00 Posting 6.00 Post Pone Sale Law Journal 473.00 Patriot News 465.71 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 1,428.03 'YJz V16 9 4- So Answers: rpop-a??40'004119?4- 4 R. Thomas Kline, S eriff By t-- Real Estate Coordinator q? ?? ?.1 `1367 THE 7r;ln 1I- L 'o ry i , WELLS, FARGO BANK, N.A., SB/M WELLS FARG-6 HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAMES SALISBURY A/K/A JAMES E. SALISBURY NO. 08-469-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, 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,53 HELEN AVENUE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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) HOUSEHOLD REALTY CORPORATION C/O 123 SOUTH BROAD STREET, SUITE 2080 MARC S. WEISBERG PHILADELPHIA, PA 19109 HERSHEY MILTON S. MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 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) MERS AS NOMINEE FOR ADVANCED P.O. BOX 2026, FLINT MI 48501-2026 FINANCIAL SERVICES MERS AS NOMINEE FOR ADVANCED 3300 SW 34TH AVENUE SUITE 101 FINANCIAL SERVICES OCALA, FL 34474 MERS AS NOMINEE FOR ADVANCED F1NA11C?AL $ERVICES CIT SMALL BUSINESS LENDING CORPORATION 25 ENTERPRISE CENTER, NEWPORT, RI 02842 1 CIT DRIVE, LIVINGTON, NJ 07039 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 53 HELEN AVENUE SHIPPENSBURG, PA 17257 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. September 24, 2008 DATE DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff f WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. CUMBERLAND COUNTY No. 08-469-CIVIL TERM JAMES SALISBURY A/K/A JAMES E. SALISBURY Defendant(s). September 24, 2008 TO: JAMES SALISBURY A/K/A JAMES E. SALISBURY 53 HELEN AVENUE SHIPPENSBURG, PA 17257 "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 ISNOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 53 HELEN AVENUE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 85$ ,837.94 obtained by WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, 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: 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 ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of Southampton, Cumberland County, Pennsylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as follows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common comer of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) seconds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty-two (82) degrees fifty-five (55) minutes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (13 3.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 70 and No. 69; thence by the Western edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninety-six and thirty-five hundredths(96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9,1973. BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attorney-in-Fact, Richard Brown, dated 08/15/2001, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AVENUE, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2438-046 ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-469 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARAGO BANK, N.A., s/b/m WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JAMES SALISBURY a/k/a JAMES E. SALISBURY (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 $85,837.94 L.L.$ 0.50 Interest from 9/09/08 - 3/04/09 (per diem - $14.11) -- $2,497.47 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $268.17 Other Costs $3,207.21 Plaintiff Paid Date: 9/26/09 2to P (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #12 On October 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 53 Helen Ave., Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 30, 2008 By: ( _ Ky--? Real Estate Sergeant ?rs SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 12 held March 4, 2009 EFFECTIVE DATE: March 4, 2009 PREMISES: 53 Helen Avenue, Township of Southampton, Cumberland County, Pennsylvania, Tax Parcel No. 39-36-2438-046 (the "Premises") RECITAL: Being the same premises which Dorothy Jane Brown, single woman, by her attorney-in-fact, Richard Brown, by Deed dated August 15, 2001 and recorded August 24, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 348, granted and conveyed unto James Salisbury, single man. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to the spousal rights, if any, of the spouse of James Salisbury. 21. Mortgage in the amount of $84,150 from James Salisbury to Presidential Bank, FSB dated August 22, 2003 and recorded August 27, 2003 in Mortgage Book 1832, Page 1272 -2- assigned August 27, 2003 in Miscellaneous Book 700, Page 4687 to Wells Fargo Home Mortgage, Inc. 22. Mortgage in the amount of $57,550.00 from James Salisbury to Advanced Financial Services, Inc. dated June 28, 2005 and recorded July 25, 2005 in Mortgage Book 1913, Page 999, assigned January 30, 2008 to Instrument No. 200802961 to Household Realty Corporation. 23. Mortgage in the amount of $640,000.00 from James Salisbury to CIT Small Business Lending Corp. dated August 29, 2006 and recorded September 14, 2006 in Mortgage Book 1965, Page 4791. 24. Judgment against James Salisbury and James E. Salisbury in favor of Wells Fargo Bank, N.A. in the amount of $85,837.94 entered September 10, 2008 to No. 2008-469 with respect to the Mortgage identified as item 21, above. 25. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Section 3 of South Mountain Estates recorded in Plan Book 27, Page 117. 26. Subject to the restrictions in Miscellaneous Book 194, Page 981 and in Deed Book "T", Volume 26, Page 202. 27. Subject to the rights granted Adams Electric Cooperative Company, Inc. in Miscellaneous Book 505, Page 522, Miscellaneous Book 525, Page 878, Miscellaneous Book 200, Page 409 and in Miscellaneous Book 221, Page 472. 28. Subject to the rights granted The United Telephone Company of Pennsylvania in Miscellaneous Book 194, Page 858 and Miscellaneous Book 103, Page 392. 29. Subject to the pending mortgage foreclosure complaint filed January 3, 2008 to No. 2008-33 concerning the mortgage identified in item 22, above. 30. Subject to the rights of others in and to any portion of the Premises within or adjoining Helen Avenue. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: I lq'-- Keith O. Brenneman -3- REAL ESTATE SALE NO. 12 Writ No. 2008-469 Civil Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. vs. James Salisbury a/k/a James E. Salisbury Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of South- ampton, Cumberland County, Penn- sylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as fol- lows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty- one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) sec- onds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 68 South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty- two (82) degrees fifty-five (55) min- utes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 70 and No. 69; thence by the West- ern edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-sip; hundredths (81 i.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninetv-six and thirty-five hundredths (96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9, 1973. BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attor- ney-in-Fact, Richard Brown, dated 08/15/2001, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AV- ENUE, SHIPPENSBURG, PA 17257. PARCEL NO. 39-36-2438-046. EXHIBIT A ,1 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORKTO AND SUBSCRIBED before me this day of Februar 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FWAL IWAMN BALS NO. 12 Writ No. 2008-469 Civil Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. VS. James Salisbury a/k/a James E. Salisbury Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situated in the Township of South- ampton, Cumberland County, Penn- sylvania, being Lot No. 70 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at page 117, bounded and described as fol- lows, to-wit: BEGINNING at a point in the Western edge of Helen Avenue, said point being a common corner of Lot No. 76 and the within conveyed lot; thence by Lot No. 76 South seventy-six (76) degrees seven (07) minutes forty (40) seconds West one hundred twenty-nine and forty-nine hundredths (129.49) feet to a point, being the common corner of Lots No. 76 and No. 77; thence by Lot No. 77 South seventy (70) degrees thirty- one (31) minutes thirty (30) seconds West thirty (30.00) feet to a point, being a common corner of Lots No. 70 and No. 80; thence by Lot No. 80 North seven (7) degrees thirty-one (31) minutes thirty-three (33) sec- onds West one hundred twenty and fifty-six hundredths (120.56) feet to a point in line of Lot No. 68, being a common coaster of Lots No. 70 and No. 80; thence by Lot No. 68 South nine (89) degrees twenty-seven (2 minutes fifty-two (52) seconds Eat twenty (20.00) feet to a point, being a common corner of Lots No. 68 and No. 69; thence North eighty- two (82) degrees fifty-five (55) min- utes fifty-five (55) seconds East one hundred thirty-three and thirty-one hundredths (133.31) feet to a point in the western edge of Helen Avenue, being a common corner of Lots No. 70 and No. 69; thence by the West- ern edge of said Helen Avenue on a curve to the left having a radius of eight hundred eleven and thirty-six hundredths (811.36) feet and a chord length of ninety-six and twenty-nine hundredths (96.29) feet, a distance of ninety-six and thirty-five hundredths (96.35) feet to the point and place of BEGINNING. CONTAINING 16,422 square feet, per survey of J.H. Rife, R.S., dated February 9, 1973. BEING THE SAME PREMISES VESTED IN James Salisbury, single man, by Deed from Dorothy Jane Brown, single woman, by her attor- ney-in-Fact, Richard Brown, dated 08/15/2001, recorded 08/24/2001, in Deed Book 248, page 348. PREMISES BEING: 53 HELEN AV- ENUE, SHIPPENSBURG, PA 17257. PARCEL NO. 39-36-2438-046.