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Home My WebLink About09-4248 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 209195 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JAMES SCOTT GARDNER 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0/ U I NO. eI- 4a VO CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 209195 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 #: 209195 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: JAMES SCOTT GARDNER 3006 COLUMBIA AVENUE CAMP HILL, PA 17011-5220 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/17/2008 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 Instrument No. 200802028. The mortgage and assignment(s), if any, are matters of public record and ate 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 03/01/2009 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 #: 209195 6 The following amounts are due on the mortgage: Principal Balance $310,951.65 Interest $7,107.10 02/01/2009 through 06/22/2009 (Per Diem $50.05) Attorney's Fees $1,300.00 Cumulative Late Charges $279.42 01/17/2008 to 06/22/2009 Mortgage Insurance Premium / ;$272.92 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $320,661.09 Escrow Credit $0.00 Deficit $1,446.21 Subtotal $11,446.21 TOTAL $322,107.30 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 209195 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. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $322,107.30, together with interest from 06/22/2009 at the rate of $50.05 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: awrence 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 Attorneys for Plaintiff File #: 209195 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Bounded on the north by ten (10) foot alley; on the east by Lot No. 79 on the Plan of :Lots hereinafter mentioned; on the south by Columbia Avenue, and on the west by Lot No. 74 on said Plan; having a frontage of one hundred twenty (120) feet on the north side of Columbia Avenue and extending back an even width one hundred twenty (120) feet to said ten (10) foot alley. Having thereon erected a frame dwelling house, No. 3006 Columbia Avenue, Camp Hill, Pennsylvania. BEING Lots Nos. 75, 76, 77 and 78 on the Plan of Lots known as South Earlington, said Plan being recorded in the Office of the Recording of Deeds in and for said County of Cumberland in Plan Book No. 1, Page 8. UNDER AND SUBJECT to all reservations, restrictions, easements and rights-of-way of record. BEING the same premises which Shaun W. Kervin and Melissa G. Kervin, husband and wife, by deed dated April 20, 2007 and recorded May 2, 2007 in Record Book 279 at Page 4142 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Blue Skies Real Estate, LLC., the Grantors herein. PARCEL #: 01-22-0533-160 ADDRESS: 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011 File #: 209195 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: G ' Attorney for laintiff File #: 209195 ;r fijj,? i ?? 71,!? 1 Sheriffs Office of Cumberland County R Thomas Kline RE Sheriff rr T, t? ; r ) JAPY Ronny R Anderson 2009 J Chief Deputy UL Jody S Smith . Civil Process Sergeant F'eE r , ° s"Mrr Edward L Schorpp Solicitor Wells Fargo Bank, NA Case Number vs. 2009-4248 James Scott Gardner SHERIFF'S RETURN OF SERVICE 07/07/2009 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: James Scott Gardner, 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 James Scott Gardner. The property located at 3006 Columbia Avenue Camp Hill, PA 17011 is vacant. The Camp Hill Postmaster has advised the defendant's new address is 1007 N. Blue Ribbon Avenue Harrisburg, PA 17112. SHERIFF COST: $46.50 July 07, 2009 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. JAMES SCOTT GARDNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. CIVIL-09-4248 Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL & MIEG, LLP p? By: La nce . 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 Attorneys for Plaintiff Date: July 13, 9009 /jrm, Svc Dept. File# 209195 FILED 01-7 r 2009 J;;?_ f' Fill 11?: 0 7 1?7 A ,?? 7 ;L9 7 ?01- ?- 7 9&7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor o'?Xt?r at 4u+nGzrfyit9 QF ,..E "r: 7H L z "F-RIFF FILE-1-Y ,-,r.r 0F TH L7 ;,s r ; , ;A''t 7 ' ._ 23 F. i?: =' 3 Wells Fargo Bank, NA vs. James Scott Gardner Case Number 2009-4248 SHERIFF'S RETURN OF SERVICE 07/14/2009 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: James Scott Gardner, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/21/2009 09:44 AM - Dauphin County Return: And now July 21, 2009 at 0944 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Scott Gardner by making known unto himself personally, defendant at 1007 N. Blue Ribbon Avenue Harrisburg, PA 17112 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/21/2009 07:23 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: James Scott Gardner, but was unable tc locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James Scott Gardner. New tenant at 2712 Lisburn Road, Apt. #304 Camp Hill, PA 17011 states they have lived there for one year does not know defendant. The Camp Hill Postmaster has advised the defendant James Scott Gardner is not known at address given. An exact address is not available. SHERIFF COST: $56.50 July 28, 2009 SO ANSWERS, - ? ? R THOMAS KLINE, SHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank, NA VS. James Scott Gardner 1007 N. Blue Ribbon Avenue Harrisburg, PA 17112 Civil No. 2009-4248 Now, July 14, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,r Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to. ana made known to So answers, Sworn and subscribed before me this day of 120_ Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT the contents thereof. County, PA copy of the original pt' jjt V1 Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy WELLS FARGO BANK NA VS JAMES SCOTT GARDNER Sheriffs Return No. 2009-T-2012 OTHER COUNTY NO. 20094248 And now: JULY 21, 2009 at 9:44:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon JAMES SCOTT GARDNER by personally handing to JAMES SCOTT GARDNER 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1007 N BLUE RIBBON AVENUE HARRISBURG PA 17112 Sworn and subscribed to before me this 21 ST day of July, 2009 NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County 11, Commission Expires Set 1 2010 So Answers, 4?°'? Sheriff of D By®? Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 7/16/2009 SHERIFF'S RETURN OF SERVICE DAUPHIN COUNTY Plaintiff(s) NUMBER 09-4248 WELLS FARGO BANK, NA SHERIFF'S NUMBER Defendant(s) JAMES SCOTT GARDNER COST MILEAGE Serve At DISTRICT 1007 N. BLUE RIBBON AVE _ Summons xx Complaint HARRISBURG, PA 17112 Other Special Instructions TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the day of , 20_, at o'clock, _.m., at County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. _ Other: SHERIFF By: , Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: _ Moved - Unknown - No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: , Deputy Sheriff. ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY Name Francis S. Hallinan, Esquire PROTHONOTARY Id. No. 62695 ATTEST Address One Penn Center Plaza Suite 1400 Pro Prothy Philadelphia, PA 19103 Date File# 205614 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. JAMES SCOTT GARDNER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4248 : CUMBERLAND COUNTY PHS #: 209195 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 Atto for Plaintiff By: ? La nce T. Phelan, sq., Id. No. 32227 ? Fr cis 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 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 Date: 7-23-09 PHS #: 209195 VERIFICATION Xee Moua hereby suites that he/she is Vice President of Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: ee Moua DATE: 6 - 2 3 - 0 9 Title: Vice President of Loan Documentation Company: WELLS FAR.GO HOME MORTGAGE, INC. File #: 209195 Gardner 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. JAMES SCOTT GARDNER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4248 : 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: JAMES SCOTT GARDNER 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawr ce T. Phelan, E, q., 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 R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 Date: 7-23-09 FILE OF THE 2009 JUL 28 A 23 -r 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 w'lo-shua 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 Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. JAMES SCOTT GARDNER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No. CIVIL-094248 : CIVIL DIVISION 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 JAMES SCOTT GARDNER, 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 $322,107.30 Interest - 06/23/2009 to 08/25/2009 $3,203.20 TOTAL $325,310.50 I hereby certify that (1) the Defendant's last known address is 1007 N BLUE RIBBON AVE, HARRISBURG, PA 17112-1811, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,, n _ By: Al I F is S. Id. No. 62695 Lawre e VBrd., 32227 iel G. Id. No. 62205 Michele Mq., 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 209195 PROTHONOTARY 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. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION JAMES SCOTT GARDNER : No. CIVIL-094248 .. VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the 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 JAMES SCOTT GARDNER is over 18 years of age and resides at 1007 N BLUE RIBBON AVE, HARRISBURG, PA 17112-1811. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LJ nce T. Phel , Esq., Id. No. 32227 ran is S. Halli , Esq., Id. No. 62695 ? Danie ieg, 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 Attorney for Plaintiff r WELLS FARGO BANK, NA COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4248 JAMES SCOTT GARDNER CUMBERLAND COUNTY Defendant(s) TO: JAMES SCOTT GARDNER 1007 N BLUE RIBBON AVE HARRISBURG, PA 17112-1811 DATE OF NOTICE: August 11, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. 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. PHS # 209195 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 209195 i Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: -1A 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v NO. CIVIL-09-4248 JAMES SCOTT GARDNER CUMBERLAND COUNTY Defendant(s) TO: JAMES SCOTT GARDNER 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 DATE OF NOTICE: August 11, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. 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. PHS 4 209195 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) 249-31?66j CIO` r? By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclimieg, 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. 20233 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS H 209195 eC ?~ r ' ??:?TA?f 20009 AUG 27 P +: :i 3 14. oo PQ Ai-H .9uI 1A&.?P (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. JAMES SCOTT GARDNER 1007 N BLUE RIBBON AVE HARRISBURG, PA 17112-1811 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. CIVIL-094248 Notice is given that a Judgment in the above captioned matter has been entered against you on 1 By: --,lUb6a Y I if If you have any questions concerning this By: Lawe e T helan, Esq Id. No. 32227 Fr is S. linan, Es V Id. No. 62695 D iel G. Sc S, 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 eoshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINS T PROPERTY. ** WELLS FARGO BANK, NA Plaintiff, v. JAMES SCOTT GARDNER Defendant(s). COURT OF COMMON ~.,E~S S' ~` o 'ij ',~~' CIVIL DIVISION . -~ ~ .~ .-,-,' ~ r~n ,~r '_ ~ ~>> _ NO. CIVIL-09-424 ~ ~ ~ ~~ `~a' ~ CUMBERLAND CO~~1~TY ~ =~?C7 ~ ~ ti -c AMENDED 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 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAMES SCOTT GARDNER 1007 N. BLUE RIBBON AVENUE HARRISBURG, PA 17112 2. Name and address of Defendant(s) in the judgment: JAMES SCOTT GARDNER 1007 N. BLUE RIBBON AVENUE HARRISBURG, PA 17112 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) Susquehanna Bank Susquehanna Bank c/o Clayton W. Davidson, Esquire None 1570 Manheim Pike Lancaster, PA 17601 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 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 None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 Address (if address cannot be reasonably ascertained, please indicate) 3006 COLUMBIA AVENUE CAMP HILL, PA 17011-5220 13 North Hanover Street Carlisle, PA 17013 PO 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. ^ rence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 C 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 C. 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 ~7Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS JAMES SCOTT GARDNER Defendant(s) CIVIL DIVISION No. CIVIL-09-4248 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to 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 Exhibit "A". Date: ~~~(( O ;G~l~z ~c ^~I%' wrence 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 Attorney 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. PHS # 209195 d d :~ H O a V Z J /W W U £ 0 L 6 i 3QO~dIZ WOE p3lftlW __600Z Q£AO-~ 9SZLLZb000 '1@~~D'~ ~~Q $ wt ZQ ~r ~!-iv ~ ~, ~~ j oar ^ ~,~~,a,5 ,... .. -_ .1..---:- ~ I I i ~ Z d V a o ~, O V V' 7 r+ ~ ~ ~ o a ~ W fn ~ E.., ~~+ cn~~ N ~~ z~~ a ~ ch ,-. w o ~~ ~~ O~ O~ap a .~~a ~ U a~~¢Q ~ QU cg Q p~~ U~ a' ~~ ~ ,o ~ ZEN d ~O~~W~~D~~r~i~ W y ~ ~ Z o ~ ~ ~ Z ~ ~ ~ ~ aOa Z ~°mU AU~U V~AciA, d ~ U ~ Qr Z N W d Z W ~ ~ V ~ ~ r. a O~ ~ ~ _ ~, N lQ H •Q C C ZQO ~' ~ N M 0 Z a J W 'm U O N M W J Q M Q W F ~ ~~ ~~ ~~ 1~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ N ~' ~ N C f0 y L N N a'; X C -C w C C 7 ~ ~ N x 2 m "m ~~n~ai rn °~~~`w~° Fccinj 10 Ea ~~ E ~ c c `o ~~ N C .~~ X N y E H 10 ~ d W O O K ~ ~••. w aN m ~ ~~ E a`> c m~ a?~daa c>>~'m E t/J ~ Q •- O O ~ O ~ ~ ~ ~ O ~ l0 co~Em C Ol ~ W d ~ E ~'R 'g o_o~ Q C l0 lA U O Odin N C N N ~~~~o O c y y V) °v' c ~~„~-~ o na N C N y U ~a ~.~ d C 10 ~ a°~O~m ~ a °O E c N TO ='.~~ f- d IA ~ O 01 .~ O E m z d a m ~ N l0 ~. o E aw ~O "a. ,., ~ o a 2~ ~~ v N .~ ~ 7 J 2 °a O O a~ a~ a w~ ~~ C~ rl ~~o~o ~ M ~ O Z ~~ a ~~ ~a U aa~ W c, ~ aOa n ~ ~ ~~ ~1 ~ v, zoo m LL m so ~s ~ 3aoodiz woa~ a31i~w m 3~ 9SZLLZb000 ' OIOZ 108 ~ p OZ~1~Z" ~ Wl Z0 ' a°, , ~,~„a e. ~ 6 'bbd S~~ N! d 'C .a a m 0 ° '~ a ~p a, y cv W r-+ ~o d p ~ '-~ GI L 0 M~ ri y M ~ ~ N ~a~ ~Aa^ ~ ~ ~ ~ ~~ ~ ~ ~ ~: ~ ~ o v~ s. ~ y ~ ~ d ~ ~ ~ ~ °~ ~ t v o a" U Q" ~ e a ~ ~ ~ ~ c °o ~ z r/1 ,-i ,~ v1 v ,-, x L m z N N ~ E~nfi _c ~ ~ ~ E°oumi ~ E~a E~QEm w r~~~`~ W F-..c_m> 1 16Ev~'U ~~~ o ~vEo~ ~, b 1''I M g: o ~. ~ ., D N l6 N r ~ a~ ~. ~, c c f6 E". moy'' °=o- w m W $ ~ ~ ~ coviEW c ' L m = F -, ~~E ~ ~ ~a ~ ~ f9 o o N C ... y ~Ew1 O ~~ a L] ~ V/ H ~ C m C N o ~ Q? j ` am y . y ~ .t. ~ C ~ ~ L N ~O $ C N ~ ` N ° N - '~'~O E o O mho= N ~ Fn~~o° c .~ .m a ~, w m En ° ~ ~ a w ^ lr C7 V U (A N N O a° ~ ~~ z °~ m m Q om ~a a ~ p> ~ J J `_' N M ~ ~ Cfl ti CO ~ ~ r r ~ ~ ~ $ ~ f°- a SWERIFF'S OFFICE_ OF CUMBERLAND COUNTY Ronn R Anderson nLF~..r~~.~rc Sheriff ' ~~~.,u° ei 4sir~~t~~r{,~~4 Jody S Smith ~ Chief Deputy - _ Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. James Scott Gardner Case Number 2009-4248 SHERIFF'S RETURN OF SERVICE 12/23/2009 09:16 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 2110 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 James Scott Gardner, located at, 3006 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania according to law. 01/22/2010 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: James Scott Gardner, but was unable to locate him 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. Dauphin County Return and now the, 19th day of January, 2010, served the within Real Estate Writ, Notice of Sale and Description upon James Scott Gardner, the defendant, by making known unto James Scott Gardner, personally, at 1007 North Blue Ribbon Avenue, Harrisburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: W. Conway, Deputy Sheriff of Dauphin, County, Pennsylvania. 0 310 312 0 1 0 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 March 3, 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 $ 827.09 SHERIFF COST: $827.09 March 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~ ter ~~ . Fes`'' ~~ ~~~ ~~~ W'rELLS FARGO BANK,1`1A Plaintiff, v. ' JAMES SCOTT GARDNER ' Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4248 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 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAMES SCOTT GARDNER 1007 N. BLUE RIBBON AVENUE HARRISBURG, PA 17112 2. Name and address of Defendant(s) in the judgment: JAMES SCOTT GARDNER 1007 N. BLUE RIBBON AVENUE HARRISBURG, PA 17112 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) 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 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 Address (if address cannot be reasonably ascertained, please indicate) 3006 COLUMBIA AVENUE CAMP HILL, PA 17011-5220 13 North Hanover Street Carlisle, PA 17013 PO 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. November 24, 2009 DATE r~~-~-• ` - -~'~ i C. awrence 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 ^ Clu'isovalante P. Fliakos, Esq., Id. No. 94620 ~oshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff WELLS FARGO BANK, NA Plaintiff, v. JAMES SCOTT GARDNER Defendant(s). November 24, 2009 COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4248 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JAMES SCOTT GARDNER 1007 N. BLUE RIBBON AVENUE HARRISBURG, PA 17112 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVEPREVIOUSLYRECEIVED ADISCHARGE IN BANXR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at _3_006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $325,310.50 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 ex-1230. 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-4248 WELLS FARGO BANK, NA vs. JAMES SCOTT GARDNER owner(s) of property situate in the CAMP HILL BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 3006 COLUMBIA AVENUE CAMP HILL PA 17011-5220 Parcel No. 01-22-0533-160 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $325,310.50 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Bounded on the north by ten (10) foot alley; on the east by Lot No. 79 on the Plan of Lots hereinafter mentioned; on the south by Columbia Avenue, and on the west by Lot No. 74 on said Plan; having a frontage of one hundred twenty (120) feet on the north side of Columbia Avenue and extending back an even width one hundred twenty (120) feet to said ten (10} foot alley. Having thereon erected a frame dwelling house, No. 3006 Columbia Avenue, Camp Hill, Pennsylvania. BEING Lots Nos. 75, 76, 77 and 78 on the Plan of Lots known as South Earlington, said Plan being recorded in the Office of the Recording of Deeds in and for said County of Cumberland in Plan Book No. 1, Page 8. UNDER AND SUBJECT to all reservations, restrictions, easements and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN James Scott Gardner, a single man, by Deed from Blue Skies Real Estate, LLC, dated 01(17!2008, recorded 01/22/2008 in Instrument Number 200802027. PREMISES BEING: 3006 COLUMBIA AVENUE, CAMP HILL, PA 17011-5220 PARCEL NO. 01-22-0533-160 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4248 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From JAMES SCOTT GARDNER (1) You are directed to levy upon the properly 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 $325,310.50 L.L. $.50 Interest FROM 8/26 2009 - 03/03/2010 (PER DIEM - $53.48) - - $10,161.20 Atty's Comm % Due Prothy $2.00 Atty Paid $232.00 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: Name COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19]03-1814 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 206779 On December 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA, Known and numbered, 3006 Columbia Avenue, Camp Hill, more fully described on Exhibit "A" filed. with this writ and by this reference incorporated herein. Date: December 1, 2009 By: l ~ ~ k ,~, Esta~oordinator r ---'.t _ _~---; ° ! Li _~~J :'t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: January 22 January 29 and Febru 5 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 No. 2009-4248 Civil Wells Fargo Bank, NA vs. James Scott Gazdner Atty: Daniel Schmieg By virtue of a Writ of Execution No. CIVIL-09-4248, WELLS FARGO BANK, NA vs. JAMES SCOTT GARD- NER, owner(s) of property situate in the CAMP HILL BOROUGH, Cum- berland County, Pennsylvania, being (Municipality) 3006 COLUMBIA AVE- NUE, CAMP HILL, PA 1 701 1-5220. Parcel No. 0 1-22-0533-160. (Acreage or street address) Improvements thereon: RESIDEN- TIALDWELLING. JUDGMENT AMOUNT: $325,310- .50. PROPERTY ADDRESS: 3006 Columbia Avenue, Camp Hill, PA 17011. Marie Coyne, ~ditor SWK1BdV TO AND SUBSCRIBED before me this 5 day of February 2010 ~ !` I Notary NO~tE:RfAL ~EAL DE(iUR.~,H A COLLINS PJotcry Publ'c i CARLISLE DURO, CU1v18ERLAPJD CUUNIY My Commission Expires p,;,r 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 ~he~tatriot 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 several{y 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 ~ Docket Number: 2009-4246 Clvll Term Wells Fargo Bank, NA vs. James Scott Gardner Atty: Daniel Schmfeg By virtue of a Writ of Execution No, CIVIL-09- 4248 WELLS FARGO BANK, NA ~s. JAMES SCOTT GARDNER owner(s) of property situate in the CAMP HII.L BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 3006 COLUMBIA AVENUE, CAMP HII.L, PA 17011-5220 Parcel No. O 1-22-0533-160 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $325,310.50 PROPERTY' ADDRESS; 3006 Columbia Avenue, Camp Hill, PA 17011 This ad ran on the date(s) shown below: 01122/10 01 /29/10 -, ~" ~-~ ~- 02/05/10 Sworn t4. and bscribed before me thi~S 24 t1~y1 f February, 2010 A.D. __.y Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg, f)auphin County My Commission Expires Nov. 28, 2011 Member, Pennsylvania Association of Notaries 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 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4248, at the suit of WELLS FARGO BANK N A against JAMES SCOTT GARDNER is duly recorded as Instrument Number 201007322. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ ;~ ~ ~ day of A.D.~ ; f ~~ I ~_. ~~ //~ I `. order of Deeds ~~~~ '~