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HomeMy WebLinkAbout09-5976Phelan 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 214523 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JOSEPH I. TOPPER 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67 -?Gl7G, CUMBERLAND COUNTY File #: 214523 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 #: 214523 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: JOSEPH I. TOPPER 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/14/2008 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. 200828537. 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 05/01/2009 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 #: 214523 6. The following amounts are due on the mortgage: Principal Balance $165,461.67 Interest $4,941.90 04/01/2009 through 08/31/2009 (Per Diem $32.30) Attorney's Fees $1,300.00 Cumulative Late Charges $168.18 08/14/2008 to 08/31/2009 Mortgage Insurance Premium / $277.36 Private Mortgage Insurance - Cost of Suit and Title Search $750-00 Subtotal $172,899.11 Escrow Credit $0.00 Deficit $752.59 Subtotal $75 _59 TOTAL $173,651.70 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 nat seeking a judgment of personal liability (or an in p ercnnam 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 #: 214523 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 premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rum Judgment against the Defendant(s) in the sum of $173,651.70, together with interest from 08/31/2009 at the rate of $32.30 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 LINAN & SCHMIEG, LLP 11011 By: zli?lw 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 urtenay R. Dunn, Esq., Id. No. 206779 2-A"Ondrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 214523 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land located in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, R.S., dated December 5, 1977, as follows: BEGINNING at a point at the intersection of the Southeasterly line of College Hill Road (formerly know as Louis Lane, North) and the Southwesterly line of Arnold Road; thence South 46 degrees 00 minutes East along the Southwesterly line of Arnold Road 88.27 feet to a point at the dividing line between Lots No. 80 and 81 on hereinafter mentioned Plan of Lots; thence South 44 degrees 00 minutes West along same 77.59 feet a point at the dividing line between Lots Nos. 79 and 80 on said Plan; thence North 46 degrees 00 minutes West along same 94.96 feet to a point on the Southeasterly line of College Hill Road; thence Northeastwardly along same being an arc of curve to the right having a radius of 453.60 feet 77.98 feet to a point, the place of BEGINNING. BEING Lot No. 80 on a Plan of Lots known as Section 1, Louis Park, recorded in Plan Book 5, Page 50, Cumberland Records. PARCEL NO. 09-12-2992-061 PROPERTY BEING: 603 COLLEGE HILL ROAD File M 214523 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: Attorney for Plaintiff File #: 214523 09 SEA' - iG 24 y\'i; t 7?sa?dany L?3 00 a Sheriffs Office of Cumberland County .r?. FI E.DAi;? rl?_?E n? Y R Thomas Kline OF '(HC Sheriff ??a?titii? of 4 ti u?trrrft?1# ? ' : j Ronny R Anderson Sr Pi Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor II Wells Fargo Bank, N.A., vs. Joseph I. Topper Case Nuttber SHERIFF'S RETURN OF SERVICE 09/10/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent sw and inquiry for the within named defendant to wit: Joseph I. Topper, but was unable to locate him Iii bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Joseph I. Topper. The resident of 306 College Hill Road Enola, PA 17025 and the Enola Postmaster state the defendant Joseph I. Topper is not known at address given. Mortgaged propei 603 College Hill Road Enola, PA 17025 does not exist. An exact address is not available. ^ SHERIFF COST: $46.50 September 10, 2009 SO ANSWER r R TH MAS KLINE, SHERIFF t ? his of 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5976 CIVIL JOSEPH I. TOPPER CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 214523 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorrjey for Plaintiff w By: ? Lawrence T. Phelan, Esq., Id. o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? amel G. Schmieg, Esq., Id. No. 62205 [v 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 9-22-09 PHS #: 214523 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 unworn falsification to authorities. Name: v Xee Moua DATE: 09/01/09 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 214523 Topper 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. JOSEPH I. TOPPER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5976 CIVIL : 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: PHS #: 214523 JOSEPH I. TOPPER 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? ence T. Phelan, Esq., Id. o.32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel 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: 9-22-09 PHS #: 214523 PLIEOF THE va.i i:'v Iry+`i i. J 2009ISEp "' i MAR 4`4 2010 y 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. ~ a ~.:., Civil Division ~ ~ rn 3 -" ~ vs. No. 09-5976 CIVIL ~~} ~ JOSEPH I. TOPPER ~`,~- + „~ ~'; ORDER ~~' ~ rr~ ~ ~' tk ~ M ~ ~ ~ AND NOW, this o-t t day of , 2010, upon consideration of Plaintiffls Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, JOSEPH I. TOPPER, by: 1. Posting of the premises: 306 COLLEGE HILL ROAD, ENOLA, PA 17025- 2115. 2. First class mail to JOSEPH I. TOPPER at the last known address, 9714 4 POINTS ROAD, APT. 4, ROCKY RIDGE, MD 21778-9729, and the mortgaged premises located at 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115; and 3. Certified mail to JOSEPH I. TOPPER at the last known address, 9714 4 POINTS ROAD, APT. 4, ROCKY RIDGE, MD 21778-9729 and the mortgaged premises located at 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: ~n~t OSEPH I. TOPPER 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 Ga ,~,,~.~ Lam(, 3/~~i a ~ Cc: J 2 214523 ,. • '~_. IN THE COURT OF COMMON PLEAS MAY 14 2010 CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff v. Civil Division JOSEPH I. TOPPER Defendant CUMBERLAND County No. 09-5976 CIVIL ORDER AND NOW, this ~ ~~+-day of , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $165,461.67 Interest Through June 2, 2010 $13,824.01 Per Diem $32.30 Late Charges $280.30 Legal fees $1,300.00 Cost of Suit and "I~itle $1,116.50 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $970.76 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $752.59 TOTAL $183,875.83 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ~ .- `~ ~~c'- J nn - f `= =~ ~~.1. A ~ .1_ `~ ~ ~;:3 ~ _ r ~ J ~ ~°PP ~ ~ a `~~`~ ~ ~?J,o ,~ BY THE COURT 214523 Ronny 'R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SH. ERIFF'S OFFICE OF CUMBERLAND COUNT' z i. Wells Fargo Bank, N.A., vs. Case Number Joseph 1. Topper 2009-5976 SHERIFF'S RETURN OF SERVICE 04/07/2010 12:42 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 417/10 at 1242 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 Joseph I. Topper, located at, 306 College Hill Road, Enola, Cumberland County, Pennsylvania according to law. 05/10/2010 Property sale postponed to 9/8/2010. 09/07/2010 As directed by Daniel G Schmieg; Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/0612010 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 October-6, 2010 at 10:00 o'clockA.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, of, P.O. Box 650043, Dallas, TX, 75265-0043 being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the Sum of $ SHERIFF COST`: $804.44 SO ANSWERS, t?. l November 03, 2010 RON R ANDERSON, SHERIFF ,o? WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. , NO. 09=5976 CIVIL JOSEPH I. TOPPER `Defendant : CUMBERLAND COUNTY 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 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115.. 1. 2. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH I. TOPPER. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 9714 4 POINTS RD, APT 4 ROCKY RIDGE, MD 21778-9729 Address (if address cannot be reasonably ascertained, please so indicate) 3. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5 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) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, C/O RICHARD M. SQUIRE, ESQUIRE 10801 6TH STREET RANCHO CUCAMONGA, CA. 91730 115 WEST AVENUE, SUITE 104 JENKINTOWN, PA 19046 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) HOUSING AUTHORITY OF THE 114 NORTH HANOVER STREET COUNTY OF CUMBERLAND CARLISLE, PA 17013 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 stile. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT' OF WELFARE DANIEL K. ANGELOFF AND VIOLET L. ANGELOFF 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 306 COLLEGE HILL ROAD ENOLA, PA 17025-2115 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. January 7, 2010 By. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 [T'rancis 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. VS. JOSEPH I. TOPPER : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. 09-5976 CIVIL : CUMBERLAND COUNTY Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSEPH I. TOPPER 9714 4 POINTS RD, APT 4 ROCKY RIDGE, MD 21775-9729 "THIS FIRM 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 DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115 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 $177,301.60 obtained by WELLS FARGO 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 Sake 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 215-563-7000. 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 NO. 09-5976 CIVIL WELLS FARGO BANK, N.A. vs. JOSEPH I. TOPPER owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115 Parcel No. 09-12-2992-061 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $177,301.60 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land located in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, R.S., dated December 5, 1977, as follows: BEGINNING at a point at the intersection of the Southeasterly line of College Hill Road (formerly know as Louis Lane, North) and the Southwesterly line of Arnold Road; thence South 46 degrees 00 minutes East along the Southwesterly line of Arnold Road 88.27 feet to a point at the dividing line between Lots No. 80 and 81 on hereinafter mentioned Plan of Lots; thence South 44 degrees 00 minutes West along same 77.59 feet a point at the dividing line between Lots Nos. 79 and 80 on said Plan; thence North 46 degrees 00 minutes West along same 94.96 feet to a point on the Southeasterly line of College Hill Road; thence Northeastwardly along same being an are of curve to the right having a radius of 453.60 feet 77.98 feet to a point, the place of BEGINNING. BEING Lot No. 80 on a Plan of Lots known as Section 1, Louis Park, recorded in Plan Book 5, Page; 50, Cumberland Records. HAVING thereon erected a one story frame dwelling known as 306 College Hill Road. UNDER AND SUBJECT to any restrictions, easements and covenants of record. TITLE TO SAID PREMISES IS VESTED IN Joseph I. Topper, adult individual, by Deed from Daniel K. Angeloff and Violet L. Angeloff, h/w, dated 08/14/2008, recorded 08/21/2008 in Instrument Number 200828536. PREMISES BEING: 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115 PARCEL NO. 09-12-2992-061 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5976 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 JOSEPH I. TOPPED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $177,301.60 L.L. $.50 Interest from 12/23/09 to Date of Sale ($29.15 per diem) -- $4,722.30 Atty's Comm % Due Prothy $2.00 Atty Paid $165.50 Other Costs Plaintiff Paid Date; 1/20110 David D. Buell, Pr thonotary s, a1;1 By: REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address'. PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 Deputy LI_ '51: On March 22, 2010 the Sheriff levied upon the nj defendant's interest in the real property situated in t; E4,Rennsboro Township, Cumberland County; PA, Known and riumbered as 306 College Hill Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22 ?010 By: Real Estate Coordinator 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, April 23, and April 30, 2010 Affiant fiirther 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. 2009-5976 Civil )4,- Li a Marie Coyne Editor Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. vs, SWORN TO AND SUBSCRIBED before me this Joseph 1. Topper 0 day of April, 2010 Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-5976 CIVIL, WELLS FARGO BANK, N.A. vs. JOSEPH I. TOPPER, - Notary owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 306 COLLEGE HILL ROAD, ENOLA, PA 17025-2115. Parcel No. 09-12-2992-061. NOTARIAL SEAL Improvements thereon: RESIDEN- TIAL DWELLING. DEBORAH A COLLINS . JUDGMENT AMOUNT: $177,301- Notary Public .60. CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 tothe Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 ?e?latriot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 wrV-"Io, 2009-5976 Civil Term 04123/10 Wells Fargo Bank, N.A., S/B/M Wells Fargo Home 04/30/10 I Mortgage, inc. Vs. Joseph t,Topper ' .. .? ... . . Atty: Daniel. Scftmieg p, v utue of a Writ of Execution NO. 09-5976 if wlL Sworn to and s scribed before me hi 18 da of y, 2010 A.D. WELLS FARGO BANK,'N.A. 1 JOSEPH I. TOPPER owner of property situate in the TOWNSHIir Notary Public OF EAST PENNSBORO, Cumberland mmy, Pennsylvania, being (Municipality) 306 cu LEGE HILL ROAD, ENOLA, PA 17025 ucel No. 09-12-2992-061' COMMONWEALni OF PENNSYLVANIA ;.lcreageorstreet address) Netarlal Notary Public Sherrie LKWa, g; Improvements thereon: RESIDENTIAL Lower Pater, TwP., Dauphin County DWELLING JUDGMENT AMOUNT; My Gomm rW ftV 26, 2011 $177101.60 Member. Penn"anla f'!,'?saciatlon 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 6th day of October A.D., 2010, under and by virtue of a writ Execution issued on the 20th day of Janua , A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 5976, at the suit of Wells Fargo Bank N A against Joseph L Topper is duly recorded as Instrument Number 201032597. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ?Uv1 , A.D. X010 9emrderot s, nd cou*, wisie, pA Recorder o eeds My Commission Expires the First Monday of Jan. 2014