Loading...
HomeMy WebLinkAbout09-2917 Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 196469 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM ei bi v. NO. 09' O?y? 7 PATRICIA J. REED 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 196469 ., 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 #: 196469 l? . 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA J. REED 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1704, Page 243. By Assignment of Mortgage recorded 11/14/2006 the mortgage was assigned to WASHINGTON MUTUAL BANK, F.A. which Assignment is recorded in Assignment of Mortgage Book No. 0732, Page 0175. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. Said mortgage was modified as set forth in the loan modification agreement made on 03/01/2007, for Loan Number 9368404022421. 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 11/01/2008 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 File #: 196469 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $98,778.68 Interest $4,688.20 10/01/2008 through 05/08/2009 (Per Diem $21.31) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 04/17/2001 to 05/08/2009 Property Inspections $45.00 Appraisal/Brokers Price Opinion $285.00 Cost of Suit and Title Search 750.00 Subtotal $105,846.88 Escrow Credit ($579.17) Deficit $0.00 Subtotal 579.17 TOTAL $105,267.71 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 File #: 196469 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,267.71, together with interest from 05/08/2009 at the rate of $21.31 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 ence T. Phelan, squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire T-10'71 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 196469 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on 'Part of Plan No. 2, Cedar Cliff Manor', said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid File #: 196469 Plan. BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton and William W. Hampton, unmarried person, by their deed dated December 15, 1998 and recorded January 12, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. PARCEL #: 13-23-0547-483 PROPERTY ADDRESS: 22 CORNELL DRIVE File #: 196469 VERIFICATION The undersigned attorney hereby states 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 unsworn falsifications to authorities. DATE: '?-A--A 1,% 1 -LA U01 Fmey for Plainri 61 F11.'D-??i??-1CE OF THE PFD i NOTARY 2009 MAY I I AM 10.- 13 P,16'r-s-e- *? Cry/ Pyoa1 Sheriffs Office of Cumberland County R Thomas Kline Edward L Schorpp Solicitor Sheri , Ronny R Anderson Jody S Smith Chief Deputy t,?FFI a _?IEWF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 07:06 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 1906 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Patricia J. Reed, by making known unto herself personally, defendant at 22 Cornell Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.40 SO ANSWERS, May 13, 2009 'R-THOMAS KLINE, SHERIFF 2009-2917 Wells Fargo Bank, NA VS Patricia J. Reed By- Depucll? Sheriff C7 N J a" C-11 Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2917 PATRICIA J. REED CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 196469 y 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 f Plain 'ff By: Lawrence T. Phelan, Esquire Francis 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: 06-OS-09 PHS #: 196469 ~ J ~ VERIFICATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, 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 this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Xee Moua DATE: May 11, 2009 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 196469 Reed Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff vs. PATRICIA J. REED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2917 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: PATRICIA J. REED 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 Phelan Hallinan & Schmieg, LLP Attorney for11Pl^^ain ' f By: i~d Lawrence T. Phelan, Esquire „Francis 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: 06-OS-09 FlLEU-<~F~~~CE 4F THc P~;;~T~~~?'~;~7TARY 2009 JUP~ -8 P~ 4~ 18 ~~~"~ `~~~'i 1~r~rv+I~ J No. CIVIL-09-2917 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGE! 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 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 WELLS FARGO BANK, NA Attorney for Plaintiff CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS PATRICIA J. REED CIVIL DIVISION TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRI[CIA J. REED, 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 Plaintiff's damages as follows: As set forth in Complaint $1O5,:L67.71 Interest - 05/09/2009 to 06/24/2009 $1,001.57 TOTAL $106,269.28 I hereby certify that (1) the Defendant's last known address is 22 C~~RNELL DRIVE„ CAMP HILL, PA 17011-7637, and (2) that notice has been given in accordance with Rule 237.1, copy attached. L rence T. Phelan, Es uire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquil~ 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Z / `~ i2J ~ ~;. PROTHONO7CARY ~' PHS # 196469 WELLS FARGO BANK, NA COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-2917 PATRICIA J. REED CUMBERLAND COUNTY Defendant(s) TO: PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 DATE OF NOTICE: June 2, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDINESS 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 APPERANCE 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. PHS # 196469 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lance .Phelan, Esq., Id. No. 32227 Fr cis S. allina , sq., Id. No. 62695 Daniel G. Sc peg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. S~B745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87(177 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. 6179] Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. !0134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 196469 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 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 WELLS FARGO BANK, NA vs. PATRICIA J. REED Attorney for Plaintiff : CUMBERLAND CCIUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-2917 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 PATRICIA J. REED is over 18 years oiE age and resides at 22 CORNELL DRNE„ CAMP HILL, PA 17011-7637. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. La ence T. Phelan, squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqu~e Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivac;k, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Duren, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff i-' ..~. ,_., .1. ` i Ol ~`i~~Dv ~k~ ~,~"#f ~lr<~sl ~laf~ ~ rr~~r~ (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, NA CUMBERLAND COUNTY vs. COURT OF COMI•/ION PLEAS PATRICIA J. REED 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 CIVIL DIVISION : No. CIVIL-09-2917 Notice is given that a Judgment in the above captioned matter has been entered against you on ~( ~~~~ ~r By: ~ "' ~ _L~~DEPUTY ~~ ~~~ `, If you have any questions concerning this matter please contact: L ence T. Phelan Esquire F ands S. Hallinapl, Esquire Daniel G. Schmi g, 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, Esquiire Peter J. Mulcahy, Esquire Andrew L. Spivack:, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman„ Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, 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 ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PUA'POSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE INBANKRUPTC:F', THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Wells Fargo Bank, NA vs. Patricia J. Reed ,,. j~lk ... ~. ,. _.,,,, 2D1~FEg - I AM 11 ~ 08 Case Number 2009-2917 SHERIFF'S RETURN OF SERVICE 09/28/2009 07:17 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09/28/09 at 1917 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 Patricia J. Reed, located at, 22 Cornell Drive, Camp Hill, Cumberland County, Pennsylvania according to law. 10/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Patricia J. Reed, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10!30/2009 Dauphin County Return and now the, 27th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Patricia J. Reed, the defendant, by making known unto Patricia J. Reed, personally, at 80 Ringneck Drive, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: G. Miller, Deputy Sheriff of Dauphin County, Pennsylvania. 12/01/2009 Property sale postponed to 2/3/2010. 01/06/2010 Property sale cancelled on 1/6/2010 01/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Elizabeth Hallinan. SHERIFF COST: $2,610.10 SO A~WERS, ~`r~'``,0~--~ January 29, 2010 ~RQNNY R ANDERSON, SHERIFF ~ ~ D~Lv L ~,~~~ ~~ ~ ~,~ `1 WELLS FARGO BANK, NA . CUMBERLAND COUNTY Plaintiff, . v COURT OF COMMON PLEAS PATRICIA J. REED CIVIL DIVISION NO. CIVIL-09-2917 Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY P.O. BOX 15530 HARRISBURG, PA 17105-5530 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) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13"' 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.A. § 4904 relating to unsworn falsifica~t/ion to authorities. August 24, 2009 i~>C~ DATE ^ 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 H~Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 ~,~ WELLS FARGO BANK, NA Plaintiff, v. CUMBERLAND COUNTY No. CIVIL-09-2917 PATRICIA J. REED Defendant(s). August 24, 2009 TO: PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637, is scheduled to be sold at the Sheriff s Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,269.28 obtained by WELLS FARGO BANK. NA (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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of,BEGINNING. BEING Lot No. 12 as shown on 'Part of Plan No. 2, Cedar Cliff Manor', said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland .County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid Plan. BEING THE SAME PREMISES VESTED IN Patricia J. Reed, a single woman, by Deed from Bottaro Construction Company, a Pennsylvania Corporation, dated 02/24/2000, recorded 02/29/2000 in Book 216, Page 890. PREMISES BEING: 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637 PARCEL NO. 13-23-0547-483 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERI~~kND) N009-2917 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From PATRICIA J. REED (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$106,269.28 L.L.$.50 Interest from 6/25/2009-12/9/2009 (per diem - $17.47) $2,934.96 Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Plaintiff Paid Other Costs Date: August 25, 2009 (Seal) 1 Cu 's R. Long, Pr o ota By: Deputy REQUESTING PARTY: Name Andrew C. Bramblett, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 22 Cornell Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2009 By: C~.~ ~--. Real Estate Coordinator ~~~~~T ~~~ ,~ ~~.~: ~. _.~- > > ~~. 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: October 23, October 30 and November 6, 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 /~i"sa Marie Coyne, Edi Writ No. 2009-2917 Civil , Wells Fargo Bank, NA vs. Patricia J. Reed Atty: Daniel Schmieg By virtue of a Writ of Execu- tion No. CIVIL-09-2917, WELLS FARGO BANK, NA vs. PATRICIA J. REED, ownerof property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being 22 CORNELL DRIVE, CAMP HILL, PA 17011-7637. Pazcel No. 13-23-0547-483. Improvements thereon: RESIDEN- TIAL DWELLING. SW01ZN TO AND SUBSCRIBED before me this 6 day of November 2009 Notary NOIAR{AL SEAL DEBORAH A COLLINS Notary PubNc CARLISLE BORO, CUiV16ERLAND COUNTY My Cornmisslon Expires Apr 28, 2010 The Patriot-News Co. 812 Ntarket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Leslie Kramer, 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 c~he ~latriot-Newt NOw you know PA 17013 Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss This ad ran on the date(s) shown below: 10/23/09 Writ No. 20Q1a-2917 CIVI1Term Wells Farms Banc, NA Y8 PBtrlala J. Raad Arty: Daniel ~chmisg By virtue of a Writ of Exewtloa No. CIVIL-a9- 2Q1'J W$LLS FARGO BANI{, NA vs, PATRICIA J. ]t$ED owner(s) of property.siNate in the TOWNSHIP OF".LOWER ALLEN;. Cumberland County, Pennsylvania, being (Municipality) 22 CORNELL DRIVE,' CAMP HILL, PA .17011-7b37- ` Parcel No.13-23-0547.4$3 (Acrtage or atretx'address) Improvements thereon: RESIDENTIAL DWELLING Sworn to and'subscribed before me this 16 day,:df~N vember, 2009 A. D. t~ _._. /. ~ - Notary Public ~`~'~-~_, 10/30/09 COMA/IONWE,gLT}~ pF PENNSYLVANIA Notarial Seal 6herrie L Kish®r, Notary Puk~lic City ~ hlarrisburg; L2auphin County ~ Commission Expires Nov. 26, 2011 Member, ?ennsuiyania ,~c.soriafion of Notaries 11 /06/09 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division vs . CUMBERLAND County PATRICIA J. REED Defendant No. CIVIL-09-2917 nn A IPrTPF TO THE PROTHONOTARY: Please mark judgment(s) satisfied and the action, discontinued and ended. Date: August39, 2010 HALLINAN & SCHMIF-G- LLP . ?_ By; ? TPh rencelan, Esq., Id. No. 7 Francis S. Hallinan, Esq., Id. No. 62695 >- rx-, 1 Daniel G. Schmieg, Esq., Id. No. 62205 c 4 Michele M. Bradford, Esq., Id. No. 69849 C' °- Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jam, Esq., Id. No. 81760 J ne R. Davey, Esq., Id. No. 87077 -2 auren R. Tabas, Esq., Id. No. 93337 cri af 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 PHS# 196469 Attorneys for Plaintiff