HomeMy WebLinkAbout08-1904PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 167976
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff
V.
DORIS L. BENSON
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0$ - 1904 0'ivii Term
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 167976
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 #: 167976
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 #: 167976
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 #: 167976
Plaintiff is
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
DORIS L. BENSON
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 09/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS A NOMINEE FOR AMERICAN HOME MORTGAGE which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book:
1925, Page: 2543. PLAINTIFF is now the legal owner of the mortgage and is in the
process of formalizing an assignment of same. The mortgage and assignment(s), if any,
are matters of public record and are incorporated herein by reference in accordance with
Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach
documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 167976
6.
The following amounts are due on the mortgage:
Principal Balance $133,454.23
Interest $5,306.43
08/01/2007 through 03/24/2008
(Per Diem $22.39)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
09/30/2005 to 03/24/2008
Cost of Suit and Title Search 550.00
Subtotal $140,560.66
Escrow
Credit ($31.76)
Deficit $0.00
Subtotal 31.76
TOTAL $140,528.90
7.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above
may be less than the amount demanded based on work actually performed. The
attorney's fees requested are in conformity with the mortgage and Pennsylvania law.
Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal
balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if
the complexity of the action requires additional fees in excess of the amount demanded in
the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 167976
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $140,528.90, together with interest from 03/24/2008 at the rate of $22.39 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:
L RENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE&76`?' l
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
File #: 167976
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County
of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the eastern line of Cascade Road at the southern line of Lot No. 40 as
shown on the hereinafter mentioned Plan of Lots; thence along the southern line of Lot No. 40,
North 82 degrees 37 minutes East, 138 feet to a point; thence South 7 degrees 23 minutes East,
80 feet to a point; thence South 82 degrees 37 minutes West, 138 feet to Cascade Road; thence
along the eastern line of Cascade Road, North 7 degrees 23 minutes West, 80 feet to the place of
BEGINNING.
BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 11, Page
58.
UNDER AND SUBJECT to building and use restrictions and rights of public utilities created by
instruments of prior record.
HAVING THEREON ERECTED an aluminum split-level dwelling house.
PREMISES: 323 CASCADE ROAD
PARCEL: 42-28-2423-010
File #: 167976
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.
DATE: 13
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01904 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
BENSON DORIS L ET AL
NOAH 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
BENSON DORIS the
DEFENDANT , at 1455:00 HOURS, on the 27th day of March 2008
at 323 CASCADE ROAD
MECHANICSBURG, PA 17055 by handing to
DORIS L BENSON
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
Service
Affidavit
Surcharge
`110-o g 0- Sworn and Subscibed to
before me this
of
18.00
9.60
.00
10.00
day
So Answers:
R. Thomas Kline
03/28/2008
PHELAN HALLINAN SCHMIEG
By: Deputy Sheriff
A. D.
t 1
CASE NO: 2008-01904 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
BENSON DORIS L ET AL
NOAH 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
nV'KTQn'Tj J?Jn7MANT 7P the
DEFENDANT , at 1455:00 HOURS, on the 27th day of March , 2008
at 323 CASCADE ROAD
MECHANICSBURG, PA 17055 by handing to
DORIS L BENSON, ADULT IN CHARGE
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 .00
Affidavit .00
Surcharge 10.00
.00
y/b- D 8 16.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
03/28/2008
PHELAN HALLINAN SCHMIEG
By
Deputy Sheriff
A. D.
r
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, N.A.
Plaintiff
VS.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904 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.
Phelan Hallinan & Schmieg, LLP
Attorney fo Plaintiff
By:
Fran 4s S. Hallman, Esquire
Date: 5/ l 4/08
PHS #: 167976
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VERIFICATION
Valorie Wallace 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: Valorie Wallace
DATE: 03/25/08 Title:
Vice President of Loan Documentation
Company: WELLS FARGO BANK N.A.
Loan:0199255373
File #: 167976
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, N.A.
Plaintiff
VS.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 08-1904 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:
DORIS L. BENSON
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By. G
Franc' S. Hallinan, Esquire 4?
Date: 5/14/08
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PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
V.
Plaintiff,
DORIS L. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904-CIVIL TERM
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 DORIS L. BENSON and
NORMAN E. BENSON, Defendant(s) for failure to file an Answer to Plaintiff s 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 $140,528.90
Interest from 03/25/2008 to 06/11/2008 $1,768.81.
TOTAL $142,297.71
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.
X 3C /? - ?-Cg?
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: /. 2/08
PR PROTH
167976
' 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
DORIS L. BENSON
NORMAN E. BENSON : NO. 08-1904-CIVIL TERM
Defendants
TO: DORIS L. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
DATE OF NOTICE: MAY 20, 2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
Jason Ricco, Legal Assistant
. 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
DORIS L. BENSON
NORMAN E. BENSON : NO. 08-1904-CIVIL TERM
Defendants
TO. NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
DATE OF NOTICE: MAY 20.2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
Jason Ricco, Legal Assistant
• ' PHELAN HALLINAN & SCHMIEG, L.L.P.
' By: DANIEL G. SCHMIEG
Identification No. 62205 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
CIVIL DIVISION
NO. 08-1904-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 DORIS L. BENSON is over 18 years of age and resides at, 323
CASCADE ROAD, MECHANICSBURG, PA 17055.
(c) that defendant NORMAN E. BENSON is over 18 years of age, and resides at, 323
CASCADE ROAD, MECHANICSBURG, PA 17055.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Ll A S4??M
DANIEL G. SCHMIEG, ES RE
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
Plaintiff,
v.
DORIS L. BENSON
NORMAN E. BENSON
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904-CIVIL TERM
Defendant(s).
DANIEL G. SCHMIEG, ES RE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
Notice is given that a Judgment in the above-captioned matter has been entered against you on
d1ine 200
By: ejLk;??
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If you have any questions concerning this matter, please contact:
I
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
Amount Due
Interest from 06/12/2008 - 12/10/2008
(per diem -$23.39)
Add'1 Costs
TOTAL
$142,297.71
$4,256.98 and Costs
$2.233.50
$148,788.19
DANIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff,
V.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
No. 08-1904-CIVIL TERM
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
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.
167976
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Defendant(s).
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG,
ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at ,323 CASCADE ROAD, MECHANICSBURG,
PA 17055.
WELLS FARGO BANK, N.A.
CUMBERLAND COUNTY
v.
Plaintiff,
DORIS L. BENSON
NORMAN E. BENSON
1. Name and address of Owner(s) or reputed Owner(s):
Name
DORIS L. BENSON
NORMAN E. BENSON
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
323 CASCADE ROAD
MECHANICSBURG, PA 17055
323 CASCADE ROAD
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
First Select, Inc. 460 Rosewood Drive
Pleasanton, CA 94588
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
,,, 5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
323 CASCADE ROAD
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities.
July 24, 2008 S?
DATE DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A.
Plaintiff, ;
V.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904-CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
(X) an FHA mortgage
( ) non-owner occupied
( ) vacant
( ) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
Da'J"q S'?' ?'M
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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WELLS FARGO BANK, N.A.
Plaintiff,
V.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
CUMBERLAND COUNTY
No. 08-1904-CIVIL TERM
July 24, 2008
TO: DORIS L. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
Your house (real estate) at, 323 CASCADE ROAD, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$142,297.71 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper
Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the eastern line of Cascade Road at the southern line of
Lot No. 40 as shown on the hereinafter mentioned Plan of Lots; thence along the
southern line of Lot No. 40, North 82 degrees 37 minutes East, 138 feet to a
point; thence South 7 degrees 23 minutes East, 80 feet to a point; thence South
82 degrees 37 minutes West, 138 feet to Cascade Road; thence along the eastern
line of Cascade Road, North 7 degrees 23 minutes West, 80 feet to the place of
BEGINNING.
BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 11, Page 58.
UNDER AND SUBJECT to building and use restrictions and rights of public
utilities created by instruments of prior record.
HAVING THEREON ERECTED an aluminum split-level dwelling house.
BEING THE SAME PREMISES VESTED IN Doris L. Benson and Norman E. Benson, her
husband, by Deed from Marion J. Heisey, Widower, dated 09/29/2005, recorded 10/04/2005, in
Deed Book 271, page 1353.
PREMISES BEING: 323 CASCADE ROAD, MECHANICSBURG, PA 17055
PARCEL NO. 42-28-2423-010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1904 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 DORIS L. BENSON and NORMAN E. BENSON
(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 $142,297.71
L.L.$ 0.50
Interest from 6/12/08 -12/10/08 (per diem - $23.39) - $4,256.98 and Costs
Atty's Comm %
Atty Paid $172.60
Plaintiff Paid
Date: 7/25/08
(Seal)
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
Due Prothy $2.00
Other Costs $2,233.50
Prothonotary
By:
Deputy
' AFFIDAVIT OF SERVICE
PLAINTIFF WELLS FARGO BANK, N.A.
DEFENDANT(S) DORIS L. BENSON
NORMAN E. BENSON
SERVE NORMAN E. BENSON AT:
323 CASCADE ROAD
MECHANICSBURG, PA 17055
SERVED
CUMBERLAND COUNTY
No. 08-1904-CIVIL TERM
ACCT. #167976
Sale Date: DECEMBER 10, 2008
Type of Action
- Notice of Sheriffs Sale
Served and made known to AIC AM kN F 1? 5a N , Defendant, on the t 3 fA day of 4 06-as
, 200 , at 745 3 , o'clock?-.m., at 3a3 04-5c1p€ 2DOft M£c t4?/es&- A,&-
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
V Adult family member with whom Defendant(s) reside(s). Name and Relationship is DO 4(5 , ('11 I FE .
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 ?5 Height Weight (70 Race W Sex Other
ip
I, )CS IV A-L D bD Ll- , 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 day
of A&,nJ, 2001?.-
Notary- By:
PLEASE AT EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
ATTEMPTED.
TMODORE J. HARRIS
NOTARY PUBLIC NOT SERVED
200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
Is` 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
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AFFIDAVIT OF SERVICE
PLAINTIFF
DEFENDANT(S)
WELLS FARGO BANK, N.A.
DORIS L. BENSON
NORMAN E. BENSON
SERVE DORIS L. BENSON AT:
323 CASCADE ROAD
MECHANICSBURG, PA 17055
SERVED
CUMBERLAND COUNTY
No. 08-1904-CIVIL TERM
ACCT. #167976
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
Served and made known to _lbQ I S t. 6 E N S 6 N , Defendant, on the 134 day of b(6rGt ST , 200;(,
at __? ^S 3 , o'clock ?-.m., at 313 CASCADE T46, / 4& Pift (c s 13U o. 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 ?g Height 7P " Weight -11-0 Race W Sex F Other
I, rv tltbt , 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 subscribed
before me this 133 day
No AvAo7- 200 By: ???
IF CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
NOTARY PUBLIC NOT SERVED
STATE OF NEW JERSEY
81f 12 200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1st Attempt: / / Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of - 200.
Notary:
l
2 `7
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
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Wells Fargo Bank, N.A. In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Doris L. Benson and Norman E. Benson Writ No. 2008-1904 Civil Term
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2008 at 0830 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Doris L. Benson
and Norman E. Benson by making known unto Doris Benson, personally and wife of Norman E.
Benson, at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and
at the same time handing to her personally the said true and correct copy of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Schmieg.
Sheriff s Costs:
Docketing
Poundage
Advertising
Posting Handbills
Law Library
Prothonotary
Levy
Mileage
Surcharge
Share of Bills
R. Thomas Kline, Sheriff
BY
Real Estate rgeant
30.00
2.93
15.00
15.00
.50
2.00
15.00
24.00
30.00
14.92
$149.35 ?
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y
WELLS FARGO BANK, N.A.
Plaintiff,
V.
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-1904-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 ,323 CASCADE ROAD, MECHANICSBURG,
PA 17055 .
1. Name and address of Owner(s) or reputed Owner(s):
Name
DORIS L. BENSON
NORMAN E. BENSON
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
323 CASCADE ROAD
MECHANICSBURG, PA 17055
323 CASCADE ROAD
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
First Select, Inc. 460 Rosewood Drive
Pleasanton, CA 94588
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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)
323 CASCADE ROAD
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6"' Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13`a 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 unworn falsification to authorities.
July 24, 2008
DATE DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
r
WELLS FARGO BANK, N.A.
Plaintiff,
V.
CUMBERLAND COUNTY
No. 08-1904-CIVIL TERM
DORIS L. BENSON
NORMAN E. BENSON
Defendant(s).
July 24, 2008
TO: DORIS L. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
NORMAN E. BENSON
323 CASCADE ROAD
MECHANICSBURG, PA 17055
"THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY"
Your house (real estate) at, 323 CASCADE ROAD, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$142,297.71 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee.the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
I : If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper
Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the eastern line of Cascade Road at the southern line of
Lot No. 40 as shown on the hereinafter mentioned Plan of Lots; thence along the
southern line of Lot No. 40, North 82 degrees 37 minutes East, 138 feet to a
point; thence South 7 degrees 23 minutes East, 80 feet to a point; thence South
82 degrees 37 minutes West, 138 feet to Cascade Road; thence along the eastern
line of Cascade Road, North 7 degrees 23 minutes West, 80 feet to the place of
BEGINNING.
BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 11, Page 58.
UNDER AND SUBJECT to building and use restrictions and rights of public
utilities created by instruments of prior record.
HAVING THEREON ERECTED an aluminum split-level dwelling house.
BEING THE SAME PREMISES VESTED IN Doris L. Benson and Norman E. Benson, her
husband, by Deed from Marion J. Heisey, Widower, dated 09/29/2005, recorded 10/04/2005, in
Deed Book 271, page 1353.
PREMISES BEING: 323 CASCADE ROAD, MECHANICSBURG, PA 17055
PARCEL NO. 42-28-2423-010
WRIT OF EXECUTION and/or ATTACHMENT
4
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1904 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 DORIS L. BENSON and NORMAN E. BENSON
(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; Q
(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 $142,297.71
L.L.$ 0.50
Interest from 6/12/08 -12/10/08 (per diem - $23.39) - $4,256.98 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $172.60 Other Costs $2,233.50
Plaintiff Paid
Date: 7/25/08 t3a
Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Deputy
Real Estate Sale # 15
On August 15, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
.Upper Allen Township, Cum County, PA
Known and numbered as 323 Cascade Road, Mechanicsburg
more fully described on Exhibit "A"»
filed with this writ and by this reference
incorporated herein.
Date: August 15, 2008 By:
ice.
Real fate Sergeant
PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Wells Fargo Bank, N.A.
Doris L. Benson
Norman E. Benson
Plaintiff
vs.
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
Cumberland County
No. 08-1904 CIVIL TERM
Please mark the above referenced case Discontinued and Ended without
prejudice.
Please mark the above referenced case Settled, Discontinued and Ended.
Please mark Judgments satisfied and the Action settled, discontinued and
ended.
X Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinue ..
ended without prejudice.
Date: (6 13
Francis S. Hallinan, Esquire
Attorney for Plaintiff
PHS# 167976
V po
iy n