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Home My WebLink About08-1263PHELAN 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 173111 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE CARLISLE, PA 17015 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03- 1a(,P3 Civi t'Feri% CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173111 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 k 173111 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 #: 173111 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 #: 173111 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/02/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1841, Page: 1777. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 173111 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 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. The following amounts are due on the mortgage: Principal Balance $147,033.84 Interest $3,503.16 10/01/2007 through 02/25/2008 (Per Diem $23.67) Attorney's Fees $1,325.00 Cumulative Late Charges $137.88 10/02/2003 to 02/25/2008 Cost of Suit and Title Search 550.00 Subtotal $152,549.88 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $152,549.88 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. File #: 173111 8. 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Filets: 173111 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,549.88, together with interest from 02/25/2008 at the rate of $23.67 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: F CIS S. HALLINAN, ESQUIRE 65T 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 #: 173111 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobblestone Drive (50-feet wide right of way) at the southeastern corner of Lot No. 39 as shown on the above described Subdivision Plan; thence by the western right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East 68.34 feet to a point on said right of way line; thence continuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern corner of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No. 43 as shown on said Plan, which point is also the southeastern corner of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the corner common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. PARCEL ID NO.: 40-24-0758-213 PROPERTY BEING: 25 COBBLESTONE DRIVE File #: 173111 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. /' ?MaD?/? tton ey for Plaintiff Z?g ^? DATE: C =F Ri Ul (N 9 J s Od J 00 0 v V j O ls'3 --G it SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01263 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS JUMPER LESLIE H ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named JUMPER LESLIE H AKA LESLIE H unable to locate Him in his COMPLAINT - MORT FORE , the within named DEFENDANT JUMPER JR ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT JUMPER JR but was bailiwick. He therefore returns the 25 COBBLESTONE DRIVE NOT FOUND as to JUMPER LESLIE H AKA LESLIE H CARLISLE, PA 17015 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 3Jlalo P, 37.80 So answers • .?? . _--- R. Thomas K i n e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND r , CASE NO: 2008-01263 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS JUMPER LESLIE H ET AL 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 JUMPER TAMMY K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT JUMPER TAMMY K 25 COBBLESTONE DRIVE NOT FOUND , as to CARLISLE, PA 17015 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS JUMPER LESLIE H ET AL 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 JUMPER LESLIE J AKA LESLIE H JUMPER JR the DEFENDANT , at 1816:00 HOURS, on the 29th day of February-, 2008 at 40 BRIAN DRIVE CARLISLE, PA 17013 LESLIE JUMPER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ? .3 j/z1OP /? Sworn and Subscibed to before me this of So Answers: 6.00 4.80 .00 10.00 R. Thomas Kline .00 20.80 03/07/2008 PHELAN HALLINAN SCHMIEG By. . day Deput Sheriff A. D. CASE NO: 2008-01263 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS JUMPER LESLIE H ET AL 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 JUMPER TAMMY K the DEFENDANT , at 1809:00 HOURS, on the 29th day of February , 2008 at 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 by handing to TAMMY K JUMPER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.76 Affidavit .00 Surcharge 10.00 41,16 P ?; ? .00 21.76 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/07/2008 PHELAN HALLINAN SCHMIEG By ?5 Deputy Sheriff A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEIVEW BOULEVARD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 NO. 08-1263 CIVIL TERM TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 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 LESLIE H. JUMPER. A/K/A LESLIE H. JUMPER JR. and TAMMY K. JUMPER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/26/08 to 4/7/08 TOTAL $152,549.88 $994.14 $153,544.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: --?k do PRO ROTHY 173111 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff Vs. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants TO: TAMMY K JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: MARCH 21, 2009 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 k.ON D MAL1NJ,LT eg Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-1263 CIVIL TERM PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. :NO. 08-1263 CIVIL TERM TAMMY K. JUMPER ` g Defendants TO: LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 DATE OF NOTICE: MARCH 21, 008 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 J Assistant ' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEIVEW BOULEVARD V. Plaintiff, LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1263 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 LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. is over 18 years of age and resides at, 40 BRIAN DRIVE, CARLISLE, PA 17015. (c) that defendant TAMMY K. JUMPER is over 18 years of age, and resides at, 12 WEST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .. ? C7 u co 00 ? +? t? rn (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. 3476 STATEIVEW BOULEVARD V. Plaintiff, • CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, NO. 08-1263 CIVIL TERM JR. TAMMY K. JUMPER ' Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 g. By: If you have any questions concerning this matter, please contact: \ Y DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 08-1263 CIVIL TERM LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $153,544.02 Interest from 4/8/08 TO 9/3/08 $3,760.76 and Costs (per diem -$25.24) Add'l Costs $1,763.50 TOTAL $159,068.28 S&Yu L G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 173111 w? O Wa 96o zz OW oz OV ?A O? U Ww H U P Rs COQ Od 00 J z z? d O w a ti a ti x ? as ati 1d W? ti W a W a O UW ? yC ?• W rA w? O ? H ir O w O? f? c a? U a 0 0 a co? u z a C7 z ?O d? ?W ?a a u A a H W o d R -a- 9.3. , 74 O 0? 0 O 0,0 C. O ? S O _ o e {Y 00 O C- b b t ? o b b a? M a < L n Dire . ?. __ ELAN HALLINAN & SCHMIEG, L.L.P. By. DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT 1617 JOHN F SUBURBAN STATION F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff, V. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. ' TAMMY K. JUMPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1263 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ES the above-captioned matter QUIRE, hereby verifies that he is attorney for the Plaintiff in because it is: and that the premises are not subject to the provisions of Act 91 () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C. falsification to authorities. S. Section 4904 relating to unswo m Attorney for Plaintiff J .` . • '`? WELLS FARGO BANK, N.A. Plaintiff, _ CUMBERLAND COUNTY V. COURT OF COMMON PLEAS LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, ; CIVIL DIVISION JR. TAMMY K. JUMPER NO. 08-1263 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BAN N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,25 COBBLESTONE DRIVE. CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 40 BRIAN DRIVE CARLISLE, PA 17015 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Beneficial Consumer Discount Company, D/B/A, Beneficial Mortgage Company of PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 419 Village Drive, Suite 2 Carlisle, PA 17013 .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 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 25 COBBLESTONE DRIVE CARLISLE, PA 17015 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. April 23, 2008 DATE DANIEL G. SCHMIE Attorney for Plaintiff WELLS FARGO BANK, N.A. V. Plaintiff, . LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendant(s). TO: LESLIE H. JUNIPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 • CUMBERLAND COUNTY • No. 08-1263 CIVIL, TERM April 23, 2008 TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PVIOUSLY DEBTANDRECEIVED A DIANYINFORMATION BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS ANATTEMPT TO COLLECT ,4 DEBT, BUT RE TRUED TO BE ONLYENFORCEMENT OFT Y. LIENAG SHOULD N ROPERTCH* RUE IN Your house (real estate) at 25 COBBLESTONE DRIVE CARLISLE PA 1 scheduled to be sold at the Sheriffs Sale on September 3, 2008 at 10:00 a.m. in t he 70 Cumbebe is County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce th rland $153,544.02 02 obtained by WELLS FARGp B e court judgment of sale is continued, an announcement will be made at said ale (theMortgagee) against ou. the compliance with Pa.R.C p event the Rule 3129.3. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action: j 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 pa call: X215) 563-7nnn y, you may 2. You may be able to stop the sale by filing a petition asking the Court to strike judgment, if the judgment was improperly entered. You may also ask the Court open the postpone the sale for good cause. to 3. You may also be able to stop the sale through other legal proceedings. t You may need an attorney to assert your rights. You will have The sooner you contact one the more chance of stopping the sale. (See notice on page two on how to obtain an a YOU AdAV C7rntr . . _ attorney.) 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 and the Sheriff gives a deed to the buyer. At that time, the buyer may rin tlegais paid to the Sheriff you. g gal proceedings to evict 6. You may be entitled to a share of the money which was paid for our ho distribution of the money bid for your house will be filed by the Sheriff wi schedule will state who will be receiving that money. The money your use. A schedule of this schedule unless exceptions (reasons ns why the proposed distribution thin 30 days of the sale. This accordance with Sheriff within ten (s a days after the (reasons ib willution is s paid wrong) out are in filed with the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your ho immediately after the sale. me back, if you act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ONCE. IF YOU C NOT HAVE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE OFFICE LISTED IMPORTANT NOTICE: This Property is sold at the direction of the plaintiff. It ma not be sold in the absence of a re resentative of the laintiff at the Sheriffs Sale be - Postponed or stayed in the event that a representative of the plaintiff i The sale must snot present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Townshi Pennsylvania, more particularly bounded and described pursuant to S Sheet No. 2, recorded in Cumberland ubdi County plan Book 70, Page Cumberland County, vision plan for Cobblestone Estates, 130A, as follows: BEGINNING at a point on the western right of way line of Cobblestone the southeastern corner of Lot No. 39 as shown on the above described Sub western right of way line of Cobblestone Drive, South OS degrees Drive (50-feet wide right of way) at point on said right of way line; thence continuing by said right of division plan; thence 3 the radius of s175.00 aid right by feet to a feet an arc distance of 33.08 feet b a point ht o f said 00 right of minutes way 48 line at seconds the East northeastern a corner of Lot No. 41 as shown t on the above described Subdivision go way Plan; line thence by curve said to th Lot e No. right 41, having South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No point is also the southeastern corner of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47 North O1 degree 01 minute 24 seconds East 100.35 feet to a point bein t No. 43 as shown on said Plan, which 01 d g he corner c comommon to Lots 39, , 40,47 and point shown on said Plan; thence b on the western right of way of Cobblestone Drive, the point and lace 48 as by Lot No. 39, South 84 degrees 11 minutes O1 second East 291.85 feet to a CONTAINING 0.6815 acres or 29,687.40 square feet and being designated place of described Subdivision Plan. g signated Lot No. 40 as shown on the above UNDER AND SUBJECT, nevertheless, to all utility and drainage Basemen Subdivision Plan. is as shown on the above-described UNDER AND SUBJECT, nevertheless, to all building and use restrictions BEING the same premises which Petersburg Road Associates a p of record. February 12, 1997, which Deed in recorded in the Office of the Reco do General Partnership b County in Deed Book , by Deed dated Page , granted and conveyed to Te Deeds and for Cumberland PARCEL IDENTIFICATION NO: 40-24_0758-213 CONTROL S. #. 40003946 TITLE TO SAID PREMISES IS VESTED IN Leslie H. Jumper and Tammy K Jumper, h/w, by Deed from Terry S. Leiby, dated 03/10/1999, recorded 03/23/1999, in Deed Book 196, . page 270. PREMISES BEING: 25 COBBLESTONE DRIVE, CARLISLE PARCEL NO. 40-24-0758-213 , PA 17015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1263 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From LESLIE H. JUMPER a/k/a LESLIE H. JUMPER, JR. and TAMMY K. JUMPER (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 $153,544.02 L.L.$ 0.50 Interest from 4/08/08 to 9/03/08 (per diem - $25.24) - $3,760.76 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $220.36 Other Costs $1,763.50 Plaintiff Paid Date: 4/24/08 e7 Prothonot (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 - N. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER TAMMY K. JUMPER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1263 CIVIL TERM CUMBERLAND COUNTY PRAECIPE 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. Date: 4 ??Z?u Phelan Hallinan & Schmieg, LLP Attorney for Plainti By: It AN Francis S. Hallinan, squire PHS #: 173111 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 unswom falsification to authorities. Name: Steven Patrick DATE: 02/26/08 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan:0190911479 File #: 173111 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER TAMMY K. JUMPER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1263 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: LESLIE H. JUMPER 40 BRIAN DRIVE CARLISLE, PA 17015 TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 LESLIE H. JUMPER TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: A - Francis S. Hallinan, Es uire ., C; ry ? 4 '?? ,,' - ?-'? , `r'7 r' .?. '? , -r - ?,. ?? " i 7 T1 r`v ? ?- ?; ? - -- ; `? w ?a '- .. •-?" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A/K/A LESLIE H. JUMPER, JR. No. 08-1263 CIVIL TERM TAMMY K. JUMPER Defendants 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 February 26, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on April 9, 2008 in the amount of $153,544.02. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(6)(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 September 3, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $147,033.84 Interest Through September 3, 2008 $7,993.30 Per Diem $23.67 Late Charges $137.88 Legal fees $1,325.00 Cost of Suit and Title $786.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $253.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $105.68 TOTAL $157,635.95 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 Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 1, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 CCU. 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. LLP DATE: D By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff : VS. LESLIE H. JUMPER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A/K/A LESLIE H. JUMPER, JR. No. 08-1263 CIVIL TERM TAMMY K. JUMPER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. and TAMMY K. JUMPER 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 25 COBBLESTONE DRIVE, TWP. OF SOUTH MIDDLE, PA 17013. 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, Defendants 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 Defendants 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 Sheriff s 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 Defendants 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. DATE: b By: LLP for Plaintiff Exhibit "A" 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 (215 563-7000 173111 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE CARLISLE, PA 17015 Defendants CTT O x ni i RT n .fl t ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- /01&3 Civic -F. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 173T14-???? w??n ? ?y C?gjgoy t tii1e to 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 H: 173111 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 H: 173111 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 #: 173111 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/02/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1841, Page: 1777. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 173111 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 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. 6. The following amounts are due on the mortgage: Principal Balance $147,033.84 Interest $3,503.16 10/01/2007 through 02/25/2008 (Per Diem $23.67) Attorney's Fees $1,325.00 Cumulative Late Charges $137.88 10/02/2003 to 02/25/2008 Cost of Suit and Title Search 550.00 Subtotal $152,549.88 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $152,549.88 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. File k: 173111 8. 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 173111 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,549.88, together with interest from 02/25/2008 at the rate of $23.67 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: A v,- h qw kl? F CIS S. HALLINAN, 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 N: 173111 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobblestone Drive (50-feet wide right of way) at the southeastern corner of Lot No. 39 as shown on the above described Subdivision Plan; thence by the western right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East 68.34 feet to a point on said right of way line; thence continuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern corner of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No. 43 as shown on said Plan, which point is also the southeastern comer of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the corner common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. PARCEL ID NO.: 40-24-0758-213 PROPERTY BEING: 25 COBBLESTONE DRIVE File k 173111 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. %II mey for Plaintiff &AT I V DATE: S' Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEIVEW BOULEVARD FORT MILL, SC 2 ? . A IE H. JUMPER, JR. 40 BRUN DRIVE CARt"ISLE, PA 17015 TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO TO THE c; :? c 0 1 lD -'4 G3 R FnM XjT{{Ii1 .T Kin ? "in rem judgment in favor of the Plaintiff and against LESLIE H. JUMPER. A/K/A "JUMPER JR. and TAMMY Kr JUMPER Defendant(s) for failure to file an Answef 1 ffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/26/08 to 4/7/08 TOTAL I hereby (2) that notice h i the addresses of the Pla in accordance with Rule CUMB TY LOUR ON PLEAS CIVIL DIVISION $152,549.88 $994.14 $153,544.02 are as shown above, and U /T\. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR ROTHY 173111 NO. 08-1263 CIVIL TERM Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 1, 2008 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 RE: WELLS FARGO BANK, NA vs. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. and TAMMY K. JUMPER Premises Address: 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 CUMBERLAND County CCP, No. 08-1263 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery, ly yours, ichele . rad rd, squire or Phelan Hallinan & Schmieg, LLP Enclosure S a a w x U z a Q rn U a 0 d O y OO ? uj E L=, £0 L6 L 3000?Z 8002 LO lnf woad Ob ibW O tO w O00 00 'X0 s L Z =vim '?? ? V O O a ? °' ? y1 ? ? '&Od vl "SO E E ? •o v p; v?EN a el .y W a w o om N nN-i M&Y o W.- a ro T Ix > oo'n o w ern .=w O N p W E! c'j ¢ 0 vE ..o Qp ¢? -oo?,? b ? ? Q b w ?a. p ? ?? ?aa o Amb . a ? xo xz .a L=, a0 0 ? v a V) ?a' CA ap a°w °? Q dN ¢Q . s a a? a? a a a? a> V ^d z (+" '.7'. F x W a o0 o ° w *1 tr) wa wa L ?°? 3 z w,? ? wO w z> H a av a3 a § .. .. en . en ., fn V ¢ ???.yy1 W 1r?rl W 1? W •p a a. o. m u J a a a b ? ? L 6l zdo 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 unsworn falsification to authorities. DATE: d? MleBradfor ieg, LLP By: quire Att orney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1263 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. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 14 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 eg, LLP By: TMiel MBradford4squire Attorney for Plaintiff f? a Fn- . , S-0 a- W-- T 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff vs. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1263 CIVIL TERM RULE AND NOW, this -4-k b day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. w i t L 1 -7 L d c! s ?7 l d 2? c 4 ? S 4;-J Jcr-. Rule Returnable 2;,;,o a? ?L * a Co i'P4VAIASNN3- d AiN v ` F'!'" 33 Wf10 91 :9 WV 91 Inn 8001 1VIQNOHi }dd 3N130 3OH20-OM Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 Xmichele.bradford@fedi2he.com LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 TEL: 717-258-8348 I LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 173111 I PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division LESLIE H. JUMPER CUMBERLAND County A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER No. 08-1263 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify t at a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of was sent to the following individual on the date indicated below. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 DATE: ?-l 6 14 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 1' c ieg, LLP ne By: che e M. Bradford, squire Attorney for Plaintiff _ ^?? . ru ' ?. ;?.,, - ,? _.._ ?: ., :y> .?? .r- ?: AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) LESLIE H. JUMPER AIK/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER SERVE TAMMY K. JUMPER AT: 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 "Defendants can not accept for one another" SERVED CUMBERLAND COUNTY No. 08-1263 CIVIL TERM ACCT. #173111 Type of Action - Notice of Sheriffs Sale Sale Date: 03166 Served and made known to T"Mq k) . ?UMPUL Defendant, on the _ day of , 200 , at 3' S 5 , o'clockp-m., at (2 WF-ST 5 PQ 1 NGV t LL E RO#'D' u cj NG S Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 36Height ? Weight 240 Race W Sex F Other 4 M I, P MA G 1.C_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _7_ day of , 200. Nota By: EASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY q&T9ONMAISSI0IjWRES 1012512012 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed 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 2 `?;:' ,-a ?= ?a, ?. , , _._ .., ?. ? _ r? f? n ..?. ?? ; -? ?.. ' ,?` r? ? ?.. t ??_ .. ..a- AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT(S) LESLIE H. JUMPER A/KIA LESLIE H. JUMPER, JR. TAMMY K. JUMPER SERVE LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. AT: 40 BRIAN DRIVE CARLISLE, PA 17015 **Defendants can not accept for one another** SERVED CUMBERLAND COUNTY No. 08-1263 CIVIL TERM ACCT. #173111 Type of Action - Notice of Sheriffs Sale Sale Date: g I? j Q 0 Served and made known to J F-S U E 4 - V t(M P EA . Defendant, on the _741- day of A4 _, 200 at 4'40 , o'clock p.m., at 46 EQI AN bA i V ,. C4A -ISLF_ , Commonwealth of Pennsylvania, in the manner described below: V/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ? Height 67 11 Weight lig Race yU Sex All Other I,ROA4 -tx /t0 ?- 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su scribed befo?re me th's y of 4- , 200b. Not By: 64? %tou I'ASE AT PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED On theSTATE Old4g 1 JERSEY , 200_, at o'clock in., Defendant NOT FOUND because: MY CDNM15SiON X 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 Z14 `2 C? ? -n ?2 ?=- i C.... '? 3 ' .ir ??. ?,?.? r?ti i SALE DATE: September 3, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. VS. LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER No.: 08-1263 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 25 COBBLESTONE DRIVE, CARLISLE, PA 17015. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCH IEG, ESQU Attorney for Plaintiff July 23, 2008 c Z •• - •-• O ?O Oo ?1 O? to A w N 1-+ rlj i N L y . , . . F` x m ?-t7 tz ° : v 0 04 b v ff o t" ? ?z O d o w l n ?;. xv x ~ C ` y. .??' n Sti m bd Iol O o t7'p P' „Ot O v?? ~ W rr?? o ?j Ga k O ?w 0 0% -4 `r?. A 99 0 C "' H ? . U ?' N GO d 0 ?'h _ O 9 _'? ? . ` w ° G tv _ ° ?' O N A I'd c ?C7, td ? O tin b N ? ? ,? $ Li ? ? tx7 ip S• ,.a, ONO vi (D IL • A o . 8 M y `? 0 CA co CY .. w o ? r 81 6?; os P 5 . F O ?7^ A ? _. e.. 999 KQ "n R ay soft-ts ,? 45 $ 0 Q 00042 18010 APR 29 MAILED FROM ZIPCODE 19103 CC. P CL e. t!a a cr y G C,4? CPS a r' f t i 1t <`? ? 1 ' s ? _. ?,_, _.. (? -- ,? ?mi =--- ? ???? wT ? L?? ?? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff vs. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1263 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, NA, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: I . That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 9, 2008. 3. A Rule was entered by the Court on or about July 14, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on July 22, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PP e H 6Bradtbrrd, eg, LLP DATE: * 1) By: ichele M. uire Atto rney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1263 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 9, 2008. A Rule was entered by the Court on or about July 14, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on July 22, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. a 'nan hmieg, LLP DATE: D? By: Michele M. Bradford, squire Attorney for Plaintiff Exhibit "A" wc7 0ma? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA vs. Plaintiff LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1263 CIVIL TERM RULE AND NOW, this--j Ll tL day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. t 1 y d 1 ti z? c t S az3 jc'r- w t 7' L 2 s c7 Rule Returnable «1---?a}?-e «? __? ?,•?-Ma'= Co TRUE COPY FROM RECORD r - urr? ; my hand In Test?m?:., ,, . and the seal a t,-r iar lilslu, Pa. This ..... 4 ei:ly of%z c y... e? ? ?, ono#ary Exhibit "B" C.) C: o Q -n // L r Uri ?. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ?Q (215) 563-7000 Q? .= wy WELLS FARGO BANK, NA Plaintiff VS. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants ATTORNEY FOR PLAINTf F Court of Common Pleas Civil Division CUMBERLAND CountN No. 08-1263 CIVIL TERIvi CERTIFICATION OF SERVICE I hereby certify t at a true and correct copy of our Motion to Reassess Damages r;;+.. rg Rule Return date of was sent to the following individual on the date below. t RA LESLIE H. JUMPER ESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. LESLIE H. JUMPER, JR. 40 BRIAN DRIVE''. TAMMY K. JUMPER CARLISLE, PA 17015 25 COBBLESTONE DRIVE w TWP. OF SOUTH MIDDLE, PA 170 1:' LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 DATE: 9 By: '.Y e 1' c ieg, LLP Michele M. Bradford, squire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: o g, By: Aeinan & Y-qreLL' Michele M. Brad ord, iAttorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff vs. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County : No. 08-1263 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 25 COBBLESTONE DRIVE TWP. OF SOUTH MIDDLE, PA 17013 LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007-9739 DATE: W.ela nan S i eg, LLP By: Bradford, squire Attorney for Plaintiff r"7 n? T :*a. r7l =.. `" j A?` CZ) _ f... J .. y I-rl Zri y AUG 2 2 M8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. No. 08-1263 CIVIL TERM TAMMY K. JUMPER Defendants ORDER AND NOW, this 2 r] day of 4 0 q , , 2008, upon consideration of Plaintiff s V Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $147,033.84 Interest Through September 3, 2008 $7,993.30 Per Diem $23.67 Late Charges $137.88 Legal fees $1,325.00 Cost of Suit and Title $786.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $253.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 6S :Z lild L2 OnV OOOZ 1ti G :4cl Hi ?O Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $105.68 TOTAL $157,635.95 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 173111 w 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 ARLINGTON LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 24TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1263, at the suit of WELLS FARGO BANK N A against LESLIE H JUMPER AKA LESLIE H JR & TAMMY K is duly recorded as Instrument Number 200834111. and seal of said office this ?Vr day of A.D. a zr),qc- Recorder of Deeds 4 FA=* d 03*4 CWM04WW County, CiAf , PA C6"" M E*kn tw Fft MW4q of dm. 2010 IN TESTIMONY WHEREOF, I have hereunto set my hand Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Leslie H.,Jumper a/k/a Leslie H. Jumper, Jr. Writ No. 2008-1263 Civil Term And Tammy K. Jumper William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1155 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: Leslie H. Jumper a/k/a Leslie H. Jumper, Jr., by making known unto Leslie Jumper personally, at 40 Brian Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 09, 2001 at 2000 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: Tammy K. Jumper, by making known unto Tammy Jumper personally, at 12 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2008 at 1841 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Leslie H. Jumper a/k/a Leslie H. Jumper, Jr. and Tammy K. Jumper located at 25 Cobblestone Drive, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Leslie H. Jumper a/k/a Leslie H. Jumper, Jr. and Tammy K. Jumper by regular mail to their last known addresses of 40 Brian Drive, Carlisle, PA 17015 and 12 West Springville Road, Boiling Springs, PA 17007, respectively. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $163,700.00 to Arlington Loan Servicing, LLC. It being the highest bid and best price received for the same, Arlington Loan Servicing, LLC, of 4 State Road, No. 520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $171,481.40. Sheriff s Costs: Docketing $30.00 Poundage 3274.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 15.00 Levy 15.00 Surcharge 30.00 Law Journal 509.00 Patriot News 491.48 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 9.50 $4,547.12 So An R. Thomas Kline, Sheriff BY* &.I- Real Estate ?' geant 1101 It, I & ? C?' (v' Ck_. (, 4 3 8 v ' WELLS FARGO BANK, N.A. Plaintiff, v. LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1263 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,25 COBBLESTONE DRIVE, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER 40 BRIAN DRIVE CARLISLE, PA 17015 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Beneficial Consumer Discount Company, 419 Village Drive, Suite 2 D/B/A, Beneficial Mortgage Company of PA Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name . None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 25 COBBLESTONE DRIVE CARLISLE, PA 17015 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. April 23, 2008 DATE DANIEL G. SCHMIE , ESQ Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 08-1263 CIVIL TERM LESLIE H. JUMPER, A/K/A LESLIE H. JUMPER, JR. TAMMY K. JUMPER Defendant(s). April 23, 2008 TO: LESLIE H. JUMPER A/K/A LESLIE H. JUMPER, JR. 40 BRIAN DRIVE CARLISLE, PA 17015 TAMMY K. JUMPER 12 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 25 COBBLESTONE DRIVE, CARLISLE, PA 17015, is scheduled to be sold at the Sheriffs Sale on September 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $153,544.02 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobblestone Drive (50-feet wide right of way) at the southeastern corner of Lot No. 39 as shown on the above described Subdivision Plan; thence by the western right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East 68.34 feet to a point on said right of way line; thence continuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern corner of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No. 43 as shown on said Plan, which point is also the southeastern corner of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the comer common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. CONTAINING 0.6815 acres or 29,687.40 square feet and being designated Lot No. 40 as shown on the above described Subdivision Plan. UNDER AND SUBJECT, nevertheless, to all utility and drainage easements as shown on the above-described Subdivision Plan. UNDER AND SUBJECT, nevertheless, to all building and use restrictions of record. BEING the same premises which Petersburg Road Associates, a PA General Partnership, by Deed dated February 12, 1997, which Deed in recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book , Page , granted and conveyed to Terry S. Leiby, Grantor herein. PARCEL IDENTIFICATION NO: 40-24-0758-213, CONTROL #: 40003946 TITLE TO SAID PREMISES IS VESTED IN Leslie H. Jumper and Tammy K. Jumper, h/w, by Deed from Terry S. Leiby, dated 03/10/1999, recorded 03/23/1999, in Deed Book 196, page 270. PREMISES BEING: 25 COBBLESTONE DRIVE, CARLISLE, PA 17015 PARCEL NO. 40-24-0758-213 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1263 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From LESLIE H. JUMPER &Wa LESLIE H. JUMPER, JR. and TAMMY K. JUMPER (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 $153,544.02 L.L.$ 0.50 Interest from 4/08/08 to 9/03/08 (per diem - $25.24) - $3,760.76 and Costs Atty's Comm % Atty Paid $220.36 Plaintiff Paid Date: 4/24/08 Due Prothy $2.00 Other Costs $1,763.50 Pr thonotary (Seal) REQUESTING PARTY: By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAIN & SCHMIEG, LLP Deputy 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 # 33 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 25 Cobblestone Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. tr`? Date: May 13, 2008 By: Real Estat ergeant LS :Z cJ S Z ddtl 8001 Vd')L JJN3HS ?VV SCHEDULE OF DISTRIBUTION SALE NO. 33 Date Filed: September 25, 2008 Writ No. 2008-1263 Civil Term_ Wells Fargo Bank, N.A. VS Leslie H. Jumper, aka Leslie H. Jumper, Jr. and Tammy K. Jumper 25 Cobblestone Drive Carlisle, PA 17015 Sale Date: September 3, 2008 Buyer: Arlington Loan Servicing, LLC Bid Price: $163,700.00 Real Debt: $153,544.02 Interest: 3,760.76 Attorney Writ Costs: 220.36 Misc. Costs 1,763.50 Total: $159,288.64 DISTRIBUTION: Receipts: Cash on account (05/13/2008): Cash on account (09/03/2008): Cash on account (09/18/2008): $ 1,500.00 16,370.00 155,111.40 Total Receipts: $172,981.40 Disbursements: . Sheriffs Costs $4,547.12 Legal Search 300.00 Transfer Tax, Local 2,103.70 Transfer Tax, State 2,103.70 Robert C. Cairns, Tax Collector 1,772.92 South Middleton Township 432.66 Attorney Daniel Schmieg 1,500.00 Wells Fargo Bank, N.A. 159,288.64 Beneficial Consumer Discount Company 932.66 Total Disbursements: ($172,981.40) Balance for distribution: 00.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENN EMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 33, held September 3, 2008 EFFECTIVE DATE: September 3, 2008 PREMISES: 25 Cobblestone Drive, South Middleton Township, Cumberland County, Pennsylvania, Lot No. 40, Subdivision Plan For Cobblestone Estates, Tax Parcel No. 40-24-0758-213 (the "Premises") RECITAL: Being the same premises which Terry S. Leiby by his Deed dated March 10, 1999 and recorded March 23, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 196, Page 270, granted and conveyed unto Leslie H. Jumper and Tammy K. Jumper, husband and wife. 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: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 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. 5. 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, 2008. 20. Subject to the spousal rights, if any, of the Grantor Terry S. Leiby. 21. Mortgage in the amount of $155,400.00 from Leslie H. Jumper and Tammy K. Jumper, husband and wife, to Superior Home Mortgage Corp. dated October 2, 2003 and recorded October 17, 2003 in Mortgage Book 1841, Page 1777, assigned March 17, 2008 in Instrument No. 200807924 to Wells Fargo Bank, N. A. -2- 22. Mortgage in the amount of $90,802.57 from Leslie H. Jumper and Tammy K. Jumper, husband and wife, to Beneficial Consumer Discount Company, DBA Beneficial Mortgage Company of Pennsylvania dated July 26, 2006 and recorded July 31, 2006 in Mortgage Book 1960, Page 1724. 23. Judgment against Leslie H. Jumper, Leslie H. Jumper, Jr. and Tammy K. Jumper in favor of Wells Fargo Bank, N.A. in the amount of $153,544.02 entered April 9, 2008 to No. 2008-1263 with respect to the mortgage assigned to Wells Fargo Bank, N.A. identified above. 24. Subject to the restrictions noted in Deed Book 153, Page 273. 25. All building setback lines, easements, notes, conditions, restrictions and all other matters appearing in the Plan of Cobblestone Estates, recorded in Plan Book 70, Page 130. 26. Subject to the restrictions, reservations, easements, conditions and all other matters, if any, appearing in the survey by Gerrit J. Bentz Associates dated July 30, 1984 not recorded but cited in Deed Book "R", Volume 34, Page 710, together with any defect with respect to the title by reason of said survey not being recorded. 27. Subject to the rights granted South Middleton Township Municipal Authority in Miscellaneous Book 260, Page 558. 28. Subject to the rights granted MetEd in Miscellaneous Book 77, Page 502 and in Miscellaneous Book 492, Page 648. 29. Subject to the right-of-way cited in Deed Book 114, Page 618. 30. Subject to the drainage easement recorded in Miscellaneous Book 508, Page 680. 31. Subject to the partnership agreement recorded in Miscellaneous Book 486, Page 192. 32. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Cobblestone Drive. 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: Keith O. Brenneman -3- 1 REAL ESTATE SALE NO. 33 Writ No. 2008-1263 Civil Wells Fargo Bank, N.A. VS. Leslie H. Jumper a/k/a Leslie H. Jumper, Jr. and Tammy K. Jumper Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobble- stone Drive (50-feet wide right of way) at the southeastern corner of Lot No. 39 as shown on the above described Subdivision Plan; thence by the west- ern right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East 68.34 feet to a point on said right of way line; thence con- tinuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern corner of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No. 43 as shown on said Plan, which point is also the southeastern corner of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the cor- ner common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. CONTAINING 0.6815 acres or 29,687.40 square feet and being des- ignated Lot No. 40 as shown on the above described Subdivision Plan. UNDER AND SUBJECT, never- theless, to all utility and drainage easements as shown on the above- described Subdivision Plan. UNDER AND SUBJECT, neverthe- less, to all building and use restric- tions of record. BEING the same premises which Petersburg Road Associates, a PA General Partnership, by Deed dated February 12, 1997, which Deed in recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book _, Page _, granted and conveyed to Terry S. Leiby, Grantor herein. PARCEL IDENTIFICATION NO: 40-24-0758-213. CONTROL #: 40003946. TITLE TO SAID PREMISES IS VESTED IN Leslie H. Jumper and Tammy K. Jumper, h/w, by Deed from Terry S. Leiby, dated 03/ 10/ 1999, recorded 03/23/1999, in Deed Book 196, page 270. PREMISES BEING: 25 COB- BLESTONE DRIVE, CARLISLE, PA 17015. PARCEL NO. 40-24-0758-213. EXHIBIT A T The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otAvXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/.Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 008 A. D. Notary Public COMMON . hktsy pubNc * Carm*&bn 20, 2011 Member, P Ywanh AseodeWn of Notarise PUBLICATION COPY Reed Estate Sale No. 33 Writ No. 2008-1263 Civil Term Wells Fargo Bank, N.A. VS Leslie H. Jumper aiWa Leslie H. Jumper, Jr. and Tammy K. Jumper Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobblestone Drive (50-feet wide right of way) at the southeastern comer of Lot No. 39 as shown on the above described Subdivision Plan; thence by the western right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East,68.34 feet to a point on said right of way line; thence continuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern comer of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in fine of Lot No. 43 as shown on said Plan, which point is also the southeastern comer of Lot No. 47 as shown on said Plan; thence by said Lot No. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the comer common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. CONTAINING 0.6815 acres or 29,687.40 .,:{ware feet and being designated Lot No. 40 as shown on the above described Subdivision Plan. UNDER ANDSUBJECT, nevertheless, to all utility and drainage easements as shown on the above-described Subdivision Plan. UNDER ANDSUBJECf, nevertheless, to all '.wilding and use restrictions of record. BEING the same premises which Petersburg Road Associates, a PA General Partnership, by Deed dated February 12, 1997, which Deed in recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book, Page , granted and conveyed to Terry S. Leiby, Grantor herein. PARCEL IDENTIFICATION NO: 40-24-0758- 213, CONTROL #: 40003946 TITLE TO SAID PREMISES IS VESTED IN Leslie H. Jumper and Tammy K Jumper, h/w, by Deed from Terry S. Why, dated 03/10/1999, recorded 03/23/1999, in Deed Book 1%, page 270. PREMISES BEING: 25 COBBLESTONE DRIVE, CARLISLE, PA17015PARCEL NO. 40-24-0758-213 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: July 18, July 25, and August 1, 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. REAL ESTATE BALE NO. 33 Writ No. 2008-1263 Civil Wells Fargo Bank, N.A. VS. Leslie H. Jumper a/k/a Leslie H. Jumper, Jr. and Tammy K. Jumper Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the ` western right of way line of Cobble- - P isa Marie Co ,Editor SWORN TO AND SUBSCRIBED before me this day of Au ,gust, 2008 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 142AL IWATS iALZ NO. 33 Writ No. 2008-1263 Civil Wells Fargo Bank, N.A. VS. Leslie H. Jumper a/k/a Leslie H. Jumper, Jr. and Tammy K. Jumper Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed pursuant to Subdivision Plan for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the western right of way line of Cobble- stone Drive (50-feet wide right of way) at the southeastern corner of Lot No. 39 as shown on the above described Subdivision Plan; thence by the west- ern right of way line of Cobblestone Drive, South 05 degrees 00 minutes 48 seconds East 68.34 feet to a point on said right of way line; thence con- tinuing by said right of way line by a curve to the right having a radius of 175.00 feet an arc distance of 33.08 feet to a point on said right of way line at the northeastern corner of Lot No. 41 as shown on the above described Subdivision Plan; thence by said Lot No. 41, South 84 degrees 11 minutes 01 seconds East 299.42 feet to a point in line of Lot No. 43 as shown on said Plan, which point is also the southeastern corner of Lot No. 47 as shown on said Plan; thence by said Lot NO. 47, North 01 degree 01 minute 24 seconds East 100.35 feet to a point being the cor- ner common to Lots 39, 40, 47 and 48 as shown on said Plan; thence by Lot No. 39, South 84 degrees 11 minutes 01 second East 291.85 feet to a point on the western right of way of Cobblestone Drive, the point and place of BEGINNING. CONTAINING 0.6815 acres or 29,687.40 square feet and being des- ignated Lot No. 40 as shown on the above described Subdivision Plan. UNDER AND SUBJECT, never- theless, to all utility and drainage easements as shown on the above- described Subdivision Plan. UNDER AND SUBJECT, neverthe- less, to all building and use restric- tions of record. BEING the same premises which Petersburg Road Associates, a PA General Partnership, by Deed dated February 12, 1997, which Deed in recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Page _, granted and conveyed to Terry S. Leiby, Grantor herein. PARCEL IDENTIFICATION NO: 40-24-0758-213. CONTROL 40003946. TITLE TO SAID PREMISES IS VESTED IN Leslie H. Jumper and Tammy K. Jumper, h/w, by Deed from Terry S. Leiby, dated 03/ 10/ 1999, recorded 03/23/1999, in Deed Book 196, page 270. PREMISES BEING: 25 COB- BLESTONE DRIVE, CARLISLE, PA 17015. PARCEL NO. 40-24-0758-213.