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HomeMy WebLinkAbout09-3034V 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 Jame 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 201159 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW 1.850 AERONCA STREET CARLISLE, PA 17013-1102 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Cl (!r 1 NO. 04 - 3? I/ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 201159 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 #: 201159 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: WANDA J. PEDUZZI ALFRED PEDUZZI, III PAULFAULKNOR MONIQUE E. MCGRAW 1850 AERONCA STREET CARLISLE, PA 17013-1102 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AM TRUST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200801805. By Assignment of Mortgage recorded 03/30/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200909527. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 201159 5 6. 7 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $181,418.98 Interest $7,395.84 11/01/2008 through 05/11/2009 (Per Diem $38.52) Attorney's Fees $1,300.00 Cumulative Late Charges $196.38 12/12/2007 to 05/11/2009 Property Inspections $30.00 Mortgage Insurance Premium / $240.62 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $191,331.82 Escrow Credit $0.00 Deficit $296.10 Subtotal 296.10 TOTAL $191,627.92 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 201159 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 201159 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $191,627.92, together with interest from 05/11/2009 at the rate of $38.52 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: La ewr nce 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 Attorneys for Plaintiff File #: 201159 LEGAL DESCRIPTION ALL THAT CERTAIN property situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the northwest corner of Aeronca Street and Fern Avenue; thence by the northern line of Fern Avenue, North 73 degrees 7 minutes 37 seconds West 134.98 feet to an iron pin; thence by land now or formerly of Leaona M. Baric North 19 degrees 5 minutes 54 seconds West 106.7 feet to an iron pin; thence by land of the Grantor herein South 75 degrees 23 minutes 36 seconds East 194.11 feet to an iron pin on the western line of Aeronca Street; thence by western line of Aeronca Street South 14 degrees 36 minutes 24 seconds West 94.08 feet to a point, the place of BEGINNING. CONTAINING 14,955.55 square feet, more or less. IT BEING Tract No. 2 on the Subdivision Plan for the Grantors herein which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 39, Page 75. UNDER AND SUBJECT to the building and use restrictions as set forth in the hereinafter mentioned deed. UNDER AND SUBJECT to restrictions and conditions as now appear. Parcel No. 29-17-1585-114A PROPERTY BEING: 1850 AERONCA STREET File #: 201159 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. s c r3?f Att ey for Plaintiff DATE: 6' o - O File #: 201159 L'' 4EF CAF ^ i ARv 2009 MAY 13 At., 13: 4 i Pd #?f S? Sheriffs Office of Cumberland County R Thomas Kline 01111r qt 4clunbrr , Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE 0 $HERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 08:17 PM - 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: Paul Faulknor, 1850 Aeronca Street, Carlisle, Cumberland County, Pennsylvania, 17013 but was unable to locate him in his bailiwick he therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant, Paul Faulknor. Pei current resident, Monique McGraw, defendant previsouly lived at this address but now resides in New York. 05/22/2009 07:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Monique E. McGraw, by making known unto herself personally, defendant at 1850 Aeronca Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/29/2009 10:04 AM - Brian Barrick, Corporal, who being duly sworn according to law, states that on May 29, 2009 ai 1004 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alfred Peduzzi, III, by making known unto Alfred Peduzzi, III personally, at One Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2009 03:50 PM - Brian Barrick, Corporal, who being duly sworn according to law, states that on May 29, 2009 ai 1550 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wanda J. Peduzzi, by making known unto Wanda J. Peduzzi personally, at One Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $90.00 June 02, 2009 SO ANSWERS, 2009-3034 Wells Fargo Bank V Wanda Peduzzi C-) c? a M UP ..o c r.,., 33 cr3 :°, . 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 1. 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 Plaintiff VS. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-3034 : CUMBERLAND COUNTY PHS #: 201159 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: f*j6gt? C 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 Andrew C. Bramblett, Esquire/"' Date: 06-19-09 PHS #: 201159 rr - 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, NA, 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: 'lZe-e Moua DATE: MU 18.2009 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 201159 Peduzzi 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 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 Plaintiff VS. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-3034 : 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: WANDA J. PEDUZZI 1850 AERONCA STREET CARLISLE, PA 17013-1102 ALFRED PEDUZZI, III 1850 AERONCA STREET CARLISLE, PA 17013-1102 PAULFAULKNOR 1850 AERONCA STREET CARLISLE, PA 17013-1102 MONIQUE E. MCGRAW 1850 AERONCA STREET CARLISLE, PA 17013-1102 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 Andrew C. Bramblett, Esquire,,-- Date: 06-19-09 r 3F{ _ C! t ., t 1? 3 "r 2009 J N 24 P ?„ 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff v. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAULFAULKNOR MONIQUE E. MCGRAW Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 09-3034 ORDER AND NOW, this~day of ~~ , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $181,418.98 Interest Through June 2, 2010 $22,303.35 Per Diem $38.52 Late Charges $196.38 Legal fees $1,300.00 Cost of Suit and Title $1,801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $730.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $1,619.51 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,757.60 TOTAL $212,222.32 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COU T a ~ ~ ~ ~ ~ S M1'L~ l 1~.~~ ~. ~, :::_ ~ _,_,_ r r ti ;• °'' ~; }~:.' .~ r..c CL cv CU SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~~tiXSti~~, of "~~unfi fr~r~~~ CxF'F ~ . ~ RIFE aolo ~}~u~ 3 Pn~ :a ;3q ,. ..,;'; Wells Fargo Bank, NA vs. Wanda J. Peduzzi (et al.) Case Number 2009-3034 SHERIFF'S RETURN OF SERVICE 03/30/2010 06:34 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1830 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 Wanda J. Peduzzi, Alfred Peduzzi, III, Paul Faulknor, and Monique McGraw, located at 1850 Aeronca Street, Carlisle, Cumberland County, Pennsylvania according to law. 03!30/2010 06:34 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Monique E. McGraw, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Monique E. McGraw, house is vacant, defendant did not leave a forwarding address with the post office. 04/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant to wit: Paul Faulknor, to hi: last known address of, 395 East 48th Street, Floor 1, Brooklyn, NY 11203 on 4/12/10. The return receipt card attached to item was returned to the Sheriffs Office "unable to forward, unclaimed" on 6!1/10. 04/24/2010 11:15 AM -Valarie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 4!24/10 at 1115 hours, she 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: Alfred Peduzzi, III, by making known unto, Wand Peduzzi, Spouse, at, 1527 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/24/2010 11:15 AM -Valarie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 4/24/10 at 1115 hours, she 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: Wanda J. Peduzzi, by making known unto, Wanda J. Peduzzi, personally, at, 1527 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/04/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of SHERIFF COST: $863.80 SO ANSWERS, August 02, 2010 RON R ANDERSON, SHERIFF ,c1 CQU~rySutte Sn<yri"Y. T2',e:rsoft Inc. i~. pb ~(- t~t,~ ~•DOpd•~• SD L-L Poi ~~ ?7~i1~ ,~ ~~bS~`f WELLS FARGO BANK; NA Plaintiff , v. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-3034 CUMBERLAND COUNTY 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 1850 AERONCA STREET, CARLISLE, PA 17013-1102. Name and address of Owner(s) or reputed Owner(s): Name WANDA J. PEDUZZI Address (if address cannot be reasonably ascertained, please so indicate) 1850 AERONCA STREET CARLISLE, PA 17013-1102 ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1850 AERONCA STREET CARLISLE, PA 17013-1102 395 EAST 48TH STREET, FLOOR 1 BROOKLYN, NY 11203 1850 AERONCA STREET CARLISLE, PA 17013-1102 Address (if address cannot be reasonably ascertained, please so indicate) 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) None. 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 may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 1850 AERONCA STREET CARLISLE, PA 17013-1102 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 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 falsification to authorities. December 23, 2009 By• _._ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ ancis 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 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW vs. Defendant(s) NO. CIVIL 09-3034 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WANDA J. PEDUZZI 1850 AERONCA STREET CARLISLE, PA 17013-1102 PAUL FAULKNOR 1850 AERONCA STREET CARLISLE, PA 17013-1102 MONIQUE E. MCGRAW 1850 AERONCA STREET CARLISLE, PA 17013-1102 ALFRED PEDUZZI, III 1850 AERONCA STREET CARLISLE, PA 17013-1102 PAUL FAULKNOR 395 EAST 48TH STREET, FLOOR 1 BROOKLYN, NY 11203 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WIIJL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1850 AERONCA STREET, CARLISLE, PA 17013-1102 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $197,714.08 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You maybe 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 maybe 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 ca11215-563-7000. 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 y SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL 09-3034 WELLS FARGO BANK, NA vs. WANDA J. PEDUZZI ALFRED PEDUZZI, III PAUL FAULKNOR MONIQUE E. MCGRAW owner(s) of property situate in the NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1850 AERONCA STREET CARLISLE PA 17013-1102 Parcel No. 29-17-1585-114A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $197,714.08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN property situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the northwest corner of Aeronca Street and Fern Avenue; thence by the northern line of Fern Avenue, North 73 degees 7 minutes 37 seconds West 134.98 feet to an iron pin; thence by land now or formerly of Leaona M. Banc North 19 degees 5 minutes 54 seconds West 106.7 feet to an iron pin; thence by land of the Grantor herein South 75 degees 23 minutes 36 seconds East 194.11 feet to an iron pin on the western line of Aeronca Street; thence by western line of Aeronca Street South 14 degees 36 minutes 24 seconds West 94.08 feet to a point, the place of BEGINNING. CONTAINING 14,955.55 square feet, more or less. IT BEING Tract No. 2 on the Subdivision Plan for the Grantors herein which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 39, Page 75. UNDER AND SUBJECT to the building and use restrictions as set forth in the hereinafter mentioned deed. UNDER AND SUBJECT to restrictions and conditions as now appear. TITLE TO SAID PREMISES IS VESTED IN Alfred Peduzzi, III and Wanda Peduzzi, (h/w), by Deed from Steven C. Reyes and Joy E. Reyes, (h/w), dated 12/12/2007, recorded 01/17/2008 in Instrument Number 200801804. PREMISES BEING: 1850 AERONCA STREET, CARLISLE, PA 17013-1102 PARCEL N0.29-17-1585-114A WRIT OF EXECUTION and/or ATTACHMENT COMI'v10NWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3034 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 WANDA J. PEDUZZI; ALFRED PEDUZZI, III; PAUL FAULKNOR and MONIQUE E. MCGRAW (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 $197,714.08 L.L. $.50 Interest from 10/17/09 to Date of Sale ($32.50 per diem) -- $7,442.50 Atty's Comm Atty Paid $209.00 Plaintiff Paid Date: 12/28/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs urtis R. Lon no By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1850 Aeronca Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 .. By: Real Estate Coordinator SZ ~Z ca 0~ ~~0 6~O1 ~'~ `h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION CHASE HOME FINANCE, LLC -vs- Alfred Peduzzi, III ,Wanda Peduzzi Paul Faulknor & Monique F. Mcgraw No. 09-3034 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION CHASE HOME FINANCE, LLC hereinafter called Assignor, for and in consideration of the sum of 1,174.39 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on July 7, 2010 in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 12~' of July 2010, intending thereby to be legally bound. '- (SEAL) Notary Public c~ya ~„y 2013 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: April 16, Apri123, and Apri130, 2010 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. Writ lio. 2009-3034 Civil Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 vs. Wanda J. Peduzzi Alfred Peduzzi, III PaulFaulknor Monique E. McGraw Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL 09-3034, WELLS FARGO BANK, NA vs. WANDA J. PEDUZZI, ALFRED PEDUZZI, III, PAUL FAULK- NOR, MONIQUE E. MCGRAW, own- ers of property situate in the NORTH MIDDLETON TOWNSHIP, Cumber- land County, Pennsylvania, being 1850 AERONCA STREET, CARLISLE, PA 17013-1102. Parcel No. 29-17-1585-114A. Improvements thereon: RESIDEN- TIALDWELLING. JUDGMENT AMOUNT: $197,714- .08. t ~-- isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ..,.The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~11e patriot 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: 04/16/10 ~~~~-~_ Sworn to and s~fbscribed before me thjs g.8'dayf'of May, 2010 A.D. COMMONWEALTH OF PkNNSYt.VANIA Notarial 5ealSesl Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member, PennsyNanla Assodatlon of Notaries 04/23/10 04/30/10 MNMtNI~,~~MM1~n1 ,~~~~ ~~ irs. r' • .`11VMids.~. iMdu~si I, N i?hIW Fo411cnor Nlon~que E 11~d[~raw ]1tEy: OMtil~l !~ H~y~vD9p oft V~jit of'1N4 CIVII;09-: vs: AI1,PI~°~r: A4ULFAULKNOR i~o~I~~.l-nw ` Uwaq~s} at',p~pnty s~q~we mt ttEe NDI MTpDLE'~'ON:,TO~AiSkIIp, Gwnberland Camty, Pe¢usylvam~, ~+a6tMdlity)1850 AERONCt4 S'114F~7; CAR~#SI,E, PA 17013- 1102. , r? Paroei ~;1~k'i~i585.114A (Acttiagepc stiea'addceas) ImprovEments the;~p: .RESIDENTIAL ~' = ~': sr~;~I~ae COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 7th day of JULY A.D., 2010, under. and by virtue of a writ Execution issued on the 28th day of DECEMBER, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3034, at the suit of WELLS FARGO BANK NA against WANDA J & ALFRED PEDUZZI III, PAUL FAULKNOR MONIQUE E MCGRAW is duly recorded as Instrument Number 201021308. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of A.D. 02 U ~ b of Deeds ~-bConnitlon~6~~~~ f~~