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HomeMy WebLinkAbout09-1537Phelan 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 195537 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 Plaintiff V. CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. cat -153'7 0,1vaTem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 195537 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 (717) 249-3166 File #: 195537 I 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1968, Page 0423. 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 02/28/2008 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 #: 195537 6. The following amounts are due on the mortgage: Principal Balance $19,612.33 Interest $3,104.31 01/28/2008 through 03/11/2009 (Per Diem $7.59) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 09/25/2006 to 03/11/2009 Cost of Suit and Title Search 750.00 Subtotal $24,766.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $24,766.64 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. File #: 195537 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $24,766.64, together with interest from 03/11/2009 at the rate of $7.59 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 w By: Lawrence T. Phelan, Esquire 2 q 4`5ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 195537 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON ERECTED, SITUATED IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE East SIDE OF A TWENTY (20) FOOT DRIVEWAY; THENCE BY SAME, South 28 DEGREES 30 MINUTES East, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF H. D. KEISER, North 66 DEGREES East, A DISTANCE OF FOUR HUNDRED FORTY (440) FEET, MORE OR LESS, TO CENTER OF THE LETORT RUN; THENCE BY CENTER OF THE AFOREMENTIONED LETORT RUN, North 35 DEGREES West, A DISTANCE OF ONE HUNDRED TWENTY-ONE (121) FEET, MORE OR LESS, TO A POINT; THENCE ALONG PROPERTY NOW OR FORMERLY OF DAVID E. STONER, South 66 DEGREES West, A DISTANCE OF FOUR HUNDRED FIFTY (450) FEET, TO A STAKE ON THE East SIDE OF THE TWENTY (20) FOOT DRIVEWAY, THE PLACE OF BEGINNING. CONTAINING ONE AND TWENTY-THREE HUNDREDTH (1.23) ACRES, MORE OR LESS. HAVING THEREON ERECTED A TWO-STORY SINGLE PERMASTONE DWELLING KNOWN AND NUMBERED AS 7 North LETORT DRIVE, CARLISLE. PARCEL NO. 21-18-1357-020. PROPERTY BEING; 7 NORTH LETORT DRIVE File #: 195537 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. 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. DATE 4///2-00Y Attorney for Plaintiff File #: 195537 n o •? r_ ?' ? T 00 i 1 T r- _ z 00 y c .n ?: i "t Sheriffs Office of Cumberland County R Thomas Kline soil, of cumb'p Edward L Schorpp Sheri Solicitor Ronny R Anderson °° Jody S Smith Chief Deputy OFnU OF T sIqalFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 01:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 1340 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Charles Sutton, by making known unto Lea Anne Sutton, wife of defendan at 7 N. Letort Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handinc to her personally the said true and correct copy of the same. 03/14/2009 01:40 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 1340 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Lea Anne Sutton, by making known unto herself pesonally, defendant at 7 N. Letort Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.50 (PAID) SO ANSWERS, March 16, 2009 2009-1537 Wells Fargo Financial Pennsylvania, Inc. VS Charles & Lea Anne Sutton R THOMAS KLINE, SHERIFF By Deputy Sheriff r•? 0 - n L), ^ i .? Cad .- . 16 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. CHARLES SUTTON LEA ANNE SUTTON Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1537-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 At rney for Plaintiff B Francis S. Hallinan, Esquire Date: 04-09-09 PHS #: 195537 VICE PRESIDENT VERIFICATION Daft BLOW hereby states that he/she is of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 's statement is made subject to the penalties of 18 Pa. C:S. Sec. 4904 relating to unsw f 4,w<eo f au tie., Name: Darin Bu&W DATE: f-y1P4?- 13 ?n g Title: VICE PRESIDENT Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. File #: 195537 ., S A. 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 FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. CHARLES SUTTON LEA ANNE SUTTON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1537-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: CHARLES SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff BvA 00?_ _ Francis S. Hallinan, Esquire Date: 04-09-09 F?LEfl??=r;,'E OF THE PPT`?; OTARY 2009 APR 14 AM 10: 41 CUMEDI ? v ? TY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. VS. CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1537-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES SUTTON, and LEA ANNE SUTTON, 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 $24,766.64 Interest - 03/12/2009 to 04/21/2009 $311.19 TOTAL $25,077.83 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copatt ached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: X,22 6 1 4432ij? PHS # 195537 PRO PROTHY . Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. VS. CHARLES SUTTON LEA ANNE SUTTON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-1537-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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHARLES SUTTON is over 18 years of age and resides at 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624. (c) that defendant LEA ANNE SUTTON is over 18 years of age and resides at 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff -61 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO FINANCIAL PENNSYLVANIA, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 : CIVIL DIVISION : No. 09-1537-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ?-2 By: DE144T-Y If you have any questions concerning this matter please contac ??- Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHEtAN 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff V. CHARLES SUTTON LEA ANNE SUTTON Defendant(s) TO: LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 DATE OF NOTICE: April 6, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1537-CIVIL TERM CUMBERLAND COUNTY 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SEAN MCDONNELL Legal Assistant PHS # 195537 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff v CHARLES SUTTON LEA ANNE SUTTON Defendant(s) TO: CHARLES SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 DATE OF NOTICE: April 6, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1537-CIVIL TERM CUMBERLAND COUNTY 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 4--e"-, (-t11 SEAN MCDONNELL Legal Assistant PHS # 195537 I j`Flf' M" PZn'- mApy Z P9 A =R 22 yoy? eA- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. . Plaintiff, V. Nq. 09-1537-CIVIL TERM CHARLES SUTTON LEA ANNE SUTTON Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $25,077.83, Interest from 4/22/2009-9/2/2009 $552.08 (per diem -$4.12) TOTAL $25,629.91 DANIEL G. SCHMIEG, ESQgRE 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. 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. 195537 C:l "D C%I; a, Cj C' d' -31 • = $ a. o -ar eA ?v ()0$ v0 3 e ! a a? UU w w O AA H o :n W W ??" Uv oo w ° `'a as o? x ow H c ?a ?' w w dl vl ?? W ?, w r ? ?` U 7? p ?' c7 U a o .? H s o? a a w A U w ? a ?U c r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. CHARLES SUTTON . LEA ANNE SUTTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1537-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 341- OT Trio Apy 2009 F'1 ' 2 ll L l C° ?,??`. F WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, v. CHARLES SUTTON LEA ANNE SUTTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1537-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7 NORTH LETORT DRIVE. CARLISLE. PA 17013-1624_. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Financial Pennsylvania, Inc. 4830 Carlisle Pike E3 Mechanicsburg, PA 17050 N ? 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Middlesex Township Municipal Authority SNELBAKER, BRENNEMAN & SPARE, P.C. C/O KEITH O. BRENNEMAN, ESQUIRE 44 WEST MAIN STREET MECHANICSBURG, PA 17055-0318 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 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 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 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 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 statem herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsific n to a orities. May 21, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FILED- .,.:, ?.. OF Tl-!E,Y 2.007 tar'iY 26 Ar"i 1 ? U 1 4 r WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, V. CHARLES SUTTON LEA ANNE SUTTON Defendant(s). TO: CHARLES SUTTON May 21, 2009 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 CUMBERLAND COUNTY No. 09-1537-CIVIL TERM LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 7 NORTH LETORT DRIVE. CARLISLE, PA 17013-1624, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 25$ .077.83 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 9 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON ERECTED, SITUATED IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE East SIDE OF A TWENTY (20) FOOT DRIVEWAY; THENCE BY SAME, South 28 DEGREES 30 MINUTES East, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF H. D. KEISER, North 66 DEGREES East, A DISTANCE OF FOUR HUNDRED FORTY (440) FEET, MORE OR LESS, TO CENTER OF THE LETORT RUN; THENCE BY CENTER OF THE AFOREMENTIONED LETORT RUN, North 35 DEGREES West, A DISTANCE OF ONE HUNDRED TWENTY-ONE (121) FEET, MORE OR LESS, TO A POINT; THENCE ALONG PROPERTY NOW'OR FORMERLY OF DAVID E. STONER, South 66 DEGREES West, A DISTANCE OF FOUR HUNDRED FIFTY (450) FEET, TO A STAKE ON THE East SIDE OF THE TWENTY (20) FOOT DRIVEWAY, THE PLACE OF BEGINNING. CONTAINING ONE AND TWENTY-THREE HUNDREDTH (1.23) ACRES, MORE OR LESS. HAVING THEREON ERECTED A TWO-STORY SINGLE PERMASTONE DWELLING KNOWN AND NUMBERED AS 7 North LETORT DRIVE, CARLISLE. TITLE TO SAID PREMISES IS VESTED IN Charles Sutton and Lea Anne Sutton, by Deed from Terry L. Fake and Caroline A. Fake, b/w, dated 12/19/2003, recorded 01/0712004 in Book 261, Page 668. PREMISES BEING: 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 PARCEL NO. 21-18-1357-020 CONTROL # 21002289 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1537-CIVIL TERM WELLS FARGO FINANCIAL PENNSYLVANIA, INC. VS. CHARLES SUTTON and LEA ANNE SUTTON owners of property situate in the MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 Parcel No. 21-18-1357-020 CONTROL # 21002289 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1537 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From CHARLES SUTTON AND LEA ANNE SUTTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,077.83 L.L. $.50 Interest FROM 4/22/2009-9/2/2009 (PER DIEM - $4.12) - $552.08 Atty's Comm % Due Prothy $2.00 Atty Paid $167.50 Plaintiff Paid Date: MAY 26, 2009 (Seal) REQUESTING PARTY: Other Costs 1s L,? Pe. 4 C 's R. Long, Prothonotar By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC. DEFENDANT(S) CHARLES SUTTON LEA ANNE SUTTON SERVE LEA ANNE SUTTON AT: 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 SERVED CUMBERLAND COUNTY No. 09-1537-CIVIL TERM phs. #195537 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to t" A-WN15 5647'r0 A( , Defendant, on the ?Np day of -TUNE , 200 at G ; ;7 , o'clock _?.m., at -7 A i wv Lrmv bAt of , GLI S C E , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. /? ?LAdult family member with whom Defendant(s) reside(s). Name and Relationship is l" ILis 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 30 3 Height 5114 Weightap Race W Sex M Other I, 12M a-ta A) t-L 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 indicate4_?i y&w..-+( swornto and subscribed Ka11AB ERLY C.IJRTY before me this ?o NO day NOTARY PUS 1 of 1uN 200a? STATE OF N JERS ,201 Nod1°?. MY Commiss:Expire AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1"t Attempt: / / Time: 2°d 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 1200 . One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?? PIUD OF THE "MIVDNI . 2009 JUN 16 AP. ," 00 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) WELLS FARGO FINANCIAL PENNSYLVANIA, INC. CHARLES SUTTON LEA ANNE SUTTON Type of Action SERVE CHARLES SUTTON AT: - Notice of Sheriffs Sale 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to OkL MMES SGl7-r0 N -Defendant, on the 9 N 1) day of u N E 200- at (0: 1-7 , o'clock g.m., at -7 I NAM LE-r111zT SRI 1/E, 9191As'Le- 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 ?3CL Height 11 Weight Race W Sex M Other I, 12010-" hAA L t- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of 5 e i forth herein, issued in the captioned case on the date and at the address indicated above. `e c;RLY CURTY Sworn to and subscribed NOTARY PUBLIC before me this day STATE OF NEW JERSEY ;t KJ ' of "runic 2009. My Commission Expir 7, 2013 n 041 SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. CUMBERLAND COUNTY No. 09-1537-CIVIL TERM phs. #195537 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: 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 V1p 10 2 Fil D a -ICE OF Ti tE ; ^ 'r' irkRY 2009 Rill 16 M :"' 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff v. CHARLES SUTTON LEA ANNE SUTTON Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1537-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for WELLS FARGO FINANCIAL PENNSYLVANIA, INC., hereby verify as follows: As required by Pa. R.C.P. 3129.1 (a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". PHELAN HALLINAN & SCH1vIIEG, LLP Date: ~1 ~ l ~`~ ~/~~' ~- By: ence 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677-9~ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff 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. 195537 3, ~ ~ r C^ x w N ~ p ~D 0o v O~ cn 1a w ~,,~ ,_.. »~ a e~ ~, ~ -- ~ ~ ~ O a ~ ~^ J ~ ° ~ z ~ z R~ ~z ~ ~ ~ ~ ~z~ t=i~a; bd G~ ro~ ~A ~n ,~g nz~ ~OZ o~~ ~ro0 ~wnv ~z~~ ; o ~ A~ o m o y " ~~ 3 d ~ ~ o~ ' ~ ~ ~ i n x ~ ~ 7d vs~,-30 ~ ~ ~n~~~ A ~7 ~ ~ a ~ ? p g~ C/~ 0 ~ ~d i ~~'o ~ p ~~ R ~ -b~ Cn ~ ~ l "i Q yHA ~ . i ~U~~ ~ i l "~ ~~~~ ! .~ vs~~ b ~~ ~er ,..,O ~ ~ ,,d r Z ~ d ~~ts (y M~J W ~o r ~A N ~ o ~'h ~ ~ oy 1.r ~ '~ ~ ~y ~y J ~" w y cO~ W ~~-~ a (~ 4, l J ~ ~ f7 ~ ~ ~ r' ~ 1~~~~ vyy!J ~ C N '_ 'Ci O ~ ~ " 0 t:f ro ~ n'd ~ r. re p ~..i h eJ ~ ~ O r. ~ ~~+ ~• a7 ~ a ~ m z z ~ z C~7 ~ 6 R ~ v ~ " ~ O ~ ~' u~ ~' ~ a ~ f ° ~ N ~' ~ K r y ~ t ~ ~. m th ~ ~- , a' r+ a a ed C z r W' V1 C n ~, '"' "ed ~ tail ~n A ~ ~ C r rr 1 .`~. ~ ~ ~... ~ O ~ O ~ `"~ S. ~ O [ ~ 7 " ~ ~ ~~,y ~ . C d d ~N~.~~ d y ~ ~,~ ~ y~, ~ ~ b~ a~ g~~t ~ n o a ~ 7C C-"'~ , y ~ C2 ~ ~~ O W H Jyy ~"' yQ y" ~, o' ~ ~ t w J [ ~-7 O ~ o p o. o .~-. B N M 7 9 ly ~ ~ ~y ~ r~i` ~D ~ w t9 ~ ~ ~ an ~• O~ ~ ~ ~ ~~ {~ ~ ~ b ~ A ~ ~ ~~ ara I-+ a ~ ~ H z ° d S g ~ a arc, .. O `'' . 6 a CrJ o ~.~~a ~. ~ _ ~ .~~ ~ ~~~~ o ~.~~~. e ° s:~~n °_° ~ ' ~ o.~~~ ~' ~ ~ ~y.n ~5~~ w ~ , R~Rg N d ~ ^. 5.00 ~ ~ o~~ 7 f: O ~~~ ~ I ~'v® . R ~ ,~ ~'^i _ ~ ' ~0~/ ® PITNEY BOWES t~. ~"'°-'~ ~ ;sue 03.36° 02 1M ~, A ~ Z •` 000421 801 0 MAY 26 2009 ~ fl• MAIIFD FROM ZIP CODE 1 9103 o~z -»~a~ fD fD ~ ~' p -e a. b~ ~~ ~ o b ~ .P' :'~ a~ o ... O ~ I ~ O ~. C ~ C A~ ~s. H ~ ~P O O l17 0 c~ C~ -, Cam, o~ 0 a z Z n G1 b Gi.l° ` rY Jfl~ '~ ~ `,~,~I t~ .~~r. r~ - i ~ t is j, Sheriff s Office of Cumberland County R Thomas Kline ` Sheriff Ronny R Anderson ~°ti~t1lt ~1 ~,~1t~~~ ~~''~~ Chief Deputy ~- - a Jody S Smith ~~ Civil Process Sergeant ~F~,cE ~~ rrG,~-~F~F~ Edward L Schorpp Solicitor F~LE~-~~t:~c~ ~ aF THc FF~Ti,~r ~0?ARY 209 SEP -4 P~1 E ~ 4 3 F~NiwYL1,r~;""~~ Wells Fargo Financial Pennsylvania Inc vs. Charles Sutton Case Number 2009-1537 SHERIFF'S RETURN OF SERVICE 06/27/2009 08:58 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/27/09 at 0857 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles Sutton and Lea Anne Sutton, located at, 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania according to law. 06/27/2009 08:58 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on6/27/09 at 0857 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: Charles Sutton, by making known unto, Charles Sutton, personally, at, 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania its contents and ai the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Elizabeth Hallinan. 06/27/2009 08:58 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/27/09 at 0857 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: Lea Anne Sutton, by making known unto, Charles Sutton, husband, at, 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/31/2009 Property sale cancelled on 8/31/2009 SHERIFF COST: $639.58 ~ ~ a s-`~' 79~ September 03, 2009 SO ANSWERS, R THOMAS KLIN ,SHERIFF ~~. 6 d Cd ~ S~ ~ C- ~k~ 71loSrd2 .~ y WELLS FARGO FINANCIAL PENNSYLVANIA, INC. y Plaintiff, v. CHARLES SUTTON LEA ANNE SUTTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-1537-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO FINANCIAL PENNSYLVANIA, INC , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate} CHARLES SUTTON LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be r''easonably ascertained, please indicate) Wells Fargo Financial Pennsylvania, Inc. 4830 Carlisle Pike E3 ' Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Middlesex Township Municipal Authority SNELBAKER, BRENNEMAN & SPARE, P.C. C/O KEITH O. BRENNEMAN, ESQUIRE 44 WEST MAIN STREET MECHANICSBURG, PA 17055-0318 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 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 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 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 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 statem s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific n to a orities. i Ma 2~ 1, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff, v. CHARLES SUTTON LEA ANNE SUTTON Defendant(s). CUMBERLAND COUNTY No. 09-1537-CIVIL, TERM May 21, 2009 TO: CHARLES SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 LEA ANNE SUTTON 7 NORTH LETORT DRIVE CARLISLE, PA 17013-1624 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $25,077.83 obtained by WELLS FARGO FINANCIAL PENNSYLVANIA, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 TRACT OF LAND AND THE IMPROVEMENTS THEREON ERECTED, SITUATED IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE East SIDE OF A TWENTY (20) FOOT DRIVEWAY; THENCE BY SAME, South 28 DEGREES 30 MINUTES East, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF H. D. KEISER, North 66 DEGREES East, A DISTANCE OF FOUR HUNDRED FORTY (440) FEET, MORE OR LESS, TO CENTER OF THE LETORT RUN; THENCE BY CENTER OF THE AFOREMENTIONED LETORT RUN, North 35 DEGREES West, A DISTANCE OF ONE HUNDRED TWENTY-ONE (121) FEET, MORE OR LESS, TO A POINT; THENCE ALONG PROPERTY NOW OR FORMERLY OF DAVID E. STONER, South 66 DEGREES West, A DISTANCE OF FOUR HUNDRED FIFTY (450) FEET, TO A STAKE ON THE East SIDE OF THE TWENTY (20) FOOT DRIVEWAY, THE PLACE OF BEGINNING. CONTAINING ONE AND TWENTY-THREE HUNDREDTH (1.23) ACRES, MORE OR LESS. HAVING THEREON ERECTED ATWO-STORY SINGLE PERMASTONE DWELLING KNOWN AND NUMBERED AS 7 North LETORT DRIVE, CARLISLE. TOGETHER with a twenty (20) foot right of way for purposes of ingrees and egress in common with H.D. Keiser's heirs and assigns, to the property herein conveyed from the Carlisle Harrisburg Turnpike, and along the dividing line between the property now or formerly of H.D. Keiser and Eugene Sutton and extending from the Carlisle Harrisburg Turnpike, South 11 degrees East, a distance of four hundred forty (440) feet, more or less; thence along the dividing line between the property now or formerly H.D. Keiser and the property herein conveyed, South 28 degrees 30 minutes East a distance of one .hundred and five-tenths (100.5) feet, more or less; the said right of way for ingress and egress to be used in common with the H.D. Keisers, their, heirs and assigns. UNDER AND SUBJECT, nevertheless, to restrictions contained in prior deeds. TITLE TO SAID PREMISES IS VESTED IN Charles Sutton and Lea Anne Sutton, by Deed from Terry L. Fake and Caroline A. Fake, h/w, dated 12/19/2003, recorded 01/07/2004 in Book 261, Page 668. PREMISES BEING: 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624 PARCEL NO. 21-18-1357-020 CONTROL # 21002289 SHORT DESCRIl'TION By virtue of a Writ of Execution No. 09-1537-CIVIL TERM WELLS FARGO FINANCIAL PENNSYLVANIA, INC. vs. CHARLES SUTTON and LEA ANNE SUTTON owners of property situate in the MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 NORTH LETORT DRIVE CARLISLE PA 17013-1624 Parcel No. 21-18-1357-020 CONTROL # 21002289 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT ' COMMONWEALTH OF ~'ENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1537 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC., Plaintiff (s) From CHARLES SUTTON AND LEA ANNE SUTTON (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'hasl~en added as a garnishee and is enjoined as above stated. Amount Due $25,077.83 L.L. $.50 Interest FROM 4/22/2009-9/2/2009 (PER DIEM - $4.12) - $552.08 Atty's Comm Atty Paid $167.50 Plaintiff Paid Date: MAY 26, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Due Prothy $2.00 Other Costs Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as, 7 North Letort Drive, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: _ C~-~-' 1 . Real Estate Coordinator j-r'_~ I- -~~-~ ~-- ~- -,~, ~~ - . ~. 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 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r- REAL ESTATE BALE NO. 90 Writ No. 2009-1537 Civil Wells Fargo Financial Pennsylvania Inc. vs. Charles Sutton Lea Anne Sutton Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in the MIDDLESEX TOWNSHIP, Cumber- land County, Peimsylvania, being 7 NORTH LETORT DRIVE, CARLISLE, PA 17013-1624. Parcel No. 21-18-1357-020 CON- TROL # 21002289. Improvements thereon: RESIDEN- TIAL DWELLING. Coyne, SWOK~`f0 AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNIY My Commission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot-News 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 ,~, Sale No. 90 _ 07/31/09 Wrlt No. 2009-1537 Clvll Wells Fargo Flnanclal 08/07/09 Pennsylvania Inc vs. ~~'~~j~~I -~~ ~ Charles Sutton . . . ........ . .. ... . ... .......... Lea Anne Sutton Atty: Daniel Schmleg .~ SHORT DESCRIPTION ,, Sworn to and bscjTbed before me hid 14 y August, 2009 A.D. Sy virtue of a Writ of Execution No. 09-1537- - % ~ ~~ CNILTERM - ~~ f ~' -. ~ .' WELLS FARGO FINANCIAL __ ~ .L ~A~-t~/ ~ r '~ ~`f'~~~'. _~-------.., PENNSYLVANIA, INC. vs. ~ ____. '.~ CHARLES SUTTON and LEA ANNE NO PUbIIC SUTTON owners of property situate in the MIDDLESEX TOWNSHIP, Cumberland County, Peimsylvania, being (Municipality) 7 NORTH ~COMMONWEALThf OF Pf"IVNSYLVANIA LETORT DRNE, CARLISLE, PA 17013-1624 Pazcel No. 21-18-1357-020 CONTROL # Notarial Sea! ^~-ter 21002289 (Acreage or street address) Shams L. ltiSnei. Notary Put)lic Improvements thereon: RESIDENTIAL Ctty Of fiarnsbutg, Dauphin C:ourtry t DWELLING My Commission Fx,~ait~. Nov. 26, 2011 ~ Member, Pennsafvania Association of Notaries Phelan Hallman &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff vs CHARLES SUTTON LEA ANNE SUTTON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 09-1537-CIVIL TERM PHS# 195537 PRAECIPE TO THE PROTHONOTARY: X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Date: October 13, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: .~ rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779- Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff _'=~~Y 3 ~1 $S.oo PD A~ Cr.~ 8fo ~ ass ~x~a3a.os5