The URL can be used to link to this page

Home My WebLink About09-56000 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 213012 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. DORIS L. BENSON NORMAN E. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9- Y4 00 C ti l CUMBERLAND COUNTY Mft hereby oeflMy the within to be a true and correct copy of the original filed of reodrd CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 213012 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 #: 213012 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DORIS L. BENSON NORMAN E. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1925, Page 2543. By Assignment of Mortgage recorded 04/24/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200813153. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 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 #: 213012 6. The following amounts are due on the mortgage: Principal Balance $146,459.98 Interest $6,304.76 12/01/2008 through 08/10/2009 (Per Diem $24.92) Attorney's Fees $1,300.00 Cumulative Late Charges $132.35 09/30/2005 to 08/10/2009 Property Inspections $75.00 Non Sufficient Funds Charge $20.00 Mortgage Insurance Premium / $101.14 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $155,143.23 Escrow Credit ($123.82) Deficit $0.00 Subtotal 123.82 TOTAL $155,019.41 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in 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 File #: 213012 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. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $155,019.41, together with interest from 08/10/2009 at the rate of $24.92 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 ;Forancis ? ence T. Phelan, Esq., Id. No. 32227 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 Attorneys for Plaintiff File #: 213012 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Cascade Road at the southern line of Lot No. 40 as shown on the hereinafter mentioned Plan of Lots; thence along the southern line of Lot No.40, North 82 degrees 37 minutes East, 138 feet to a point; thence South 7 degrees 23 minutes East, 80 feet to a point; thence South 82 degrees 37 minutes West, 138 feet to Cascade Road; thence along the eastern line of Cascade Road, North 7 degrees 23 minutes West, 80 feet to the place of BEGINNING. BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 11, Page 58. UNDER AND SUBJECT to building and use restrictions and rights of public utilities created by instruments of prior record. HAVING THEREON ERECTED an aluminum split-level dwelling house. BEING THE SAME PREMISES which Gloria R. Webb (f/k/a Gloria L. Ritter) and George R. Webb, her husband, by Deed dated July 15, 1996 and recorded July 17, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 142, Page 949, granted and conveyed unto Marion J. Heisey and Rachel E. Heisey, husband and wife. The said Rachel E. Heisey passed away on January 4, 2004 leaving title vested solely in Marion J. Heisey, GRANTOR herein. PREMISES BEING: 323 CASCADE ROAD PARCEL #: 42-28-2423-010 File #: 213012 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: wtv/o? wi n e 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 File #: 213012 (??Sc-)\N s 1, Y nA r? ; Jry, 9' 1 $ d Pd A ?/ el,-4 #W/I..ak ,b#- .il9 o 91 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Wells Fargo Bank, N.A., vs. Doris L. Benson tp of a rrtbrr/d OFF,C E .,1-: 5"ERIFF fILED -0i IC4 Of THE Fq;'? F 'NOTMY 2009 AUG 19 AM 9: 15 PENNSYLV€ Case Number 2009-5600 SHERIFF'S RETURN OF SERVICE 08/14/2009 06:09 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1809 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Doris L. Benson, by making known unto Norman E. Benson, husband of defendant,at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/14/2009 06:09 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1809 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Norman E. Benson, by making known unto himself personally, defendant at 323 Cascade Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, August 17, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 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, N.A. Plaintiff VS. DORIS L. BENSON NORMAN E. BENSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5600 : CUMBERLAND COUNTY PHS #: 213012 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:<c t h ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-1-09 PHS #: 213012 VERIFICATION Xee Moua hereby states that he/she is Vice President 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 unswom falsification to authorities. Name: Xee Moua DATE: o 8 i i f og Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 213012 Benson t 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, N.A. Plaintiff VS. DORIS L. BENSON NORMAN E. BENSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5600 : 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: DORIS L. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 NORMAN E. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff c ` By: ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-1-09 RFD- l-" 2G-9 S`n -3 Pt°i ! ? An OU SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff [' i_ ' _ . ,t, Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~:~1 MAY 2B A~ 1Q~ 21 Wells Fargo Bank, N.A., vs. Doris L. Benson (et al.) Case Number 2009-5600 SHERIFF'S RETURN OF SERVICE 04/06/2010 02:25 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1425 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 Doris L. and Norman E. Benson, located at, 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/06/2010 02:25 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Doris L. Benson, by making known unto, Doris L. Benson, personally, at, 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/06/2010 02:25 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Norman E. Benson, by making known unto, Doris L. Benson, spouse, at, 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/24/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg. SHERIFF COST: $645.83 SO ANSWERS, ~J "--- May 24, 2010 RON R ANDERSON, SHERIFF ~ -~~ F,t . CCU . . SC' ~ L~,t~. ~~~~~~ r~ Cnu;?tyS~ite SY:en?~_ Teieo.=.utf_ Inr,. WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff ~ ~ ~ . CIVIL DIVISION ._ v. Y . N0.09-5600 DORIS L. BENSON NORMAN E. BENSON CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., 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 323 CASCADE ROAD, MECHANICSBURG, PA 17055-5518. 1 2 3 4. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DORIS L. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 NORMAN E. BENSON 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) First Select Inc. First Select Inc. C/O: William T. Molczan, Esquire Credigy Receivables Inc. Credigy Receivables Inc. C/O: Michael Ratchford, Esquire 460 Rosewood Drive Pleasanton, CA 94588 1400 Koppers Building Pittsburgh, PA 15219 2877 Paradise Road; Suite 303 Las Vegas, NV 89109 120 N. Keyser Avenue Scranton, PA 18504 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Susquehanna Valley FCU 3850 Hartzdale Drive Camp Hill, PA 17011 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. 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 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. March 1, 2010 By: v Attorn y f r Plaintiff 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 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 09-5600 DORIS L. BENSON CUMBERLAND COUNTY NORMAN E. BENSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DORIS L. BENSON NORMAN E. BENSON 323 CASCADE ROAD 323 CASCADE ROAD MECHANICSBURG, PA 17055-5518 MECHANICSBURG, PA 17055-5518 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCIIARGE 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 323 CASCADE ROAD, MECHANICSBURG, PA 17055-5518 is scheduled to be sold at the Sheriffs 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 $158,782.33 obtained by WELLSFARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. :; ~ 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 may be 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 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-5600 WELLS FARGO BANK, N.A. vs. DORIS L. BENSON NORMAN E. BENSON owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 323 CASCADE ROAD, MECHANICSBURG, PA 17055-5518 Parcel No. 42-28-2423-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $158,782.33 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Cascade Road at the southern line of Lot No. 40 as shown on the hereinafter mentioned Plan of Lots; thence along the southern line of Lot No.40, North 82 degrees 37 minutes East, 138 feet to a point; thence South 7 degrees 23 minutes East, 80 feet to a point; thence South 82 degrees 37 minutes West, 138 feet to Cascade Road; thence along the eastern line of Cascade Road, North 7 degees 23 minutes West, 80 feet to the place of BEGINNING. BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 11, Page 58. UNDER AND SUBJECT to building and use restrictions and rights of public utilities created by instruments of prior record. HAVING THEREON ERECTED an aluminum split-level dwelling house. TITLE TO SAID PREMISES IS VESTED IN Doris L. Benson and Norman E. Benson, her husband, by Deed from Marion J. Heisey, widower, dated 09/29/2005, recorded 10/04/2005 in Book 271, Page 1353. PREMISES BEING: 323 CASCADE ROAD, MECHANICSBURG, PA 17055-5518 PARCEL N0.42-28-2423-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N02009-5600 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Bank, N. A. Plaintiff (s) From Doris L. Benson Norman E. Benson (I) 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 $158,782.33 L.L. $.50 Interest from 01/09/2010 to date of sale ($26.46 per diem) $3,836.70 Atty's Comm Atty Paid $172.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 3/4/2010 (Seal) ~ ~ David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name Michele M. Bradford, Esq. Phelan Hallman & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the,s/eal of esld Court et Ca isle, Pa. ~ This _~de~l of _~r~J' 20 / G (,,~' p ~tho~n`otary Telephone:215-563-7000 Supreme Court ID No. 69849 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered, 323 Cascade Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B ~~-~-C9 eal Estate Coordinator ~~~ ~~~ -> ~~~ cn __ a~ _ 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 No. 20 0690 5 0 Civil Wells Fargo Bank, N.A., S/B/M Wells Fazgo Home Mortgage, Inc. vs. Doris L. Benson Norman E. Benson Atty: Daniel Schmieg By virtue of a Writ of Execution No. 09-5600 Wells Fazgo Bank, N.A. vs. Doris L. Benson, Norman E. Benson, own- ers of property situate in the TOWN- SHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 323 CASCADE ROAD, MECHANICS- BURG, PA 17055-5518. Pazcel No. 42-28-2423-010. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $158,782- .33. ~ ~r ~~ L' a Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 0 da of Aril 2010 Notary NOTARIAL SEAL DEt~ORAH 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 ~e~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 Writ No. 2009-5600 Civll Term wens Fargo Bank, N.A., > 04/23/10 S/B/M Wells Fargo Home ~ 04/30/10 Mortgage, Inc. ~ ~i `~ vs. Doris L. Benson Norman E. Benson - . ............... ................... . A1ty: Daniel Schmleg ;' ByvirlueofaWritofExecu6onN0.09-5600 Sworn to andst'ib~ibed before me t ~is 18 of May, 2010 A.D. WELLS FARGO BANK, N.A. - BORIS L. BINSON ~ ~ '"~ ~ iG ~ j . ~ i ~ ~_ ~` NORMAN E. BENSON `~-.. _.... ~. _ ~ /----~. C.,l_ --_....,---_- ._ owner(s) of properly situate in the TowrtsillP Notary PUbIIC OF .UPPER ALLEN, Cumberland County, Pennsylvania,. beitlg (Municipality) 323 CASCADE ROAD, MECI-IANICSBURG, PA COMMON 17055-5518 WEALTH OF PENNSYLVANIA Parcel No. 42-28-2423-010 Notarial $g,~ Improvements thereon: RESIDENTIAL ~~ L• Klsnar, Notary Publk DWELLING JUDGMENT AMOUNT: ~,weC Paxton 71NP•. Dauphin County $158,782.33 Member, Pen-tyvNenla ~ ~~ 26, 2011 '~atkm of Notaries