The URL can be used to link to this page

Home My WebLink About09-6448NOTICE 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 #: 216211 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: MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER 713 HUMIVIEL AVENUE LEMOYNE, PA 17043-1832 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/10/2005 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 Book No. 1899, Page 3894. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 216211 6 The following amounts are due on the mortgage: Principal Balance $92,775.61 Interest $2,268.64 04/01/2009 through 09/23/2009 (Per Diem $12.89) Attorney's Fees $1,300.00 Cumulative Late Charges $121.24 03/10/2005 to 09/23/2009 Property Inspections $30.00 Mortgage Insurance Premium / $113.28 Private Mortgage Insurance Cost of Suit and Title Search $750-00 Subtotal $97,358.77 Escrow Credit $0.00 Deficit $618.79 Subtotal %618-79 TOTAL $97,977.56 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 nersonam 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 #: 216211 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 mortgage premises are yacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,977.56, together with interest from 09/23/2009 at the rate of $12.89 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: 04444? 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 ? P ter J. Mulcahy, Esq., Id. No. 61791 drew 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 File #: 216211 LEGAL DESCRIPTION ALL the western one-half of that certain lot or piece of land situate in the Borough of Lemoyne, formerly Lower Allen Township, Cumberland County, Pennsylvania, with the improvements thereon erected, more particularly designated and described as follows: BEGINNING at a point on the northern side of Hummel Avenue, which point is ninety-two(92) feet six (6) inches distant in a westerly direction from the northwest corner of said Hummel Avenue and Lorne Street, said point being the center of Lot No. 69 of Section 'E' in a Plan of Lots known as Plan No. 1 of Riverton, Pa., said plan being recorded in the Recorder's Office of Cumberland County at Carlisle, Pa., in Deed Book T, Vol. 4, Page 40; thence in a northerly direction by a line parallel with said Lorne Street and through the center of a frame partition wall of a double house and beyond, one hundred and fifty (150) feet to Apple Alley; thence in a westerly direction along the southern side line of said Apple Alley seventeen (17) feet six (6) inches, more or less, to the line of lot number seventy (70) according to the aforesaid plan; thence in a southerly direction along the line of said last mentioned lot one hundred and fifty (150) feet to Hummel Avenue; thence in an easterly direction along the northern side line of said Hummel Avenue seventeen (17) feet six (6) inches, more or less, to the place of Beginning. IT BEING the western one-half of Lot No. 69 according to the aforesaid plan, and having erected thereon the western side of a three story frame dwelling house. PARCEL NO. 12-22-0824-116 PROPERTY BEING: 713 HUMMEL AVENUE File #: 216211 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. 54mt Attorney for Plaintiff DATE: ( ` ?q -0 9 File #: 216211 Q 2GG0,. S. FE ;) L J k i ' ! I I : 2 4 CU"r :? 1Y $'!8.5 o PQ A7r1 a31 C)4 (a Sheriffs Office of Cumberland County R Thomas Kline RLED'0`Tiv2 Sheriff OF THE ?tt?ttt' at ?liii?t?rf/yfi Ronny R Anderson a 2009 OCT _v C AIM 10: 15 Chief Deputy Jody S Smith CU"1_ 1? CIVIL Process Sergeant Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Case Number . Michael L. Zeigler 2009-6448 SHER FPS RETURN OF SERVICE 10/05/2009 R. Thomas Kline, Sheriff, who eing duly sworn according to law, states that he made a diligent search and inquiry for the within nam defendant to wit: Jillian M. Zeigler, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jillian M. Zeigler. R quest for service at 713 Hummel Avenue Lemoyne, PA 17043 is vacant, neighbors have not seen the Z igler's in months. An exact address is not available. 10/05/2009 R. Thomas Kline, Sheriff, who eing duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael L. Zeigler, 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 Michael L. Zeigler. equest for service at 713 Hummel Avenue Lemoyne, PA 17043 is vacant, neighbors have not seen the Z igler's in months. An exact address is not available. SHERIFF COST: $68.40 SO ANSWERS, , October 05, 2009 R THOMAS KLINE, 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER Defendants CUMBERLAND COUNTY No. 09-6448-CIVIL-TERM PRAECIPF TO REINSTATE CIVIL ACTION/MORTGAGE F0RFC1,0S1IRV TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP ?m C By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire ,aime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: October 9, 2009 101 r',r- THE JOT 'TIn,, OT&CY 20D9 OtCT 13 AH 10: 5 2 *10.oo PD Any e?,* 8lva17 40 2* a 31 sao 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6448-CIVIL-TERM MICHAEL L. ZEIGLER CUMBERLAND COUNTY JILLIAN M. ZEIGLER Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 216211 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan H an chmieg, LLP Attorney P ' ff By: ? Lawre ce T. helan, Esq., Id. No. 32227 ? Francis allinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 TLVVivek udith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 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: 10-16-09 PHS #: 216211 . VERIFICATION China Brown 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. Seca 4904 relating to unswom falsification to authorities. DATE: 09/24/09 (hi L&?) Name: China Brown Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 216211 Zeigler 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6448-CIVIL-TERM : CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MICHAEL L. ZEIGLER 713 HUMMEL AVENUE LEMOYNE, PA 17043-1832 PHS #: 216211 JILLIAN M. ZEIGLER 713 HUMMEL AVENUE LEMOYNE, PA 17043-1832 Phelan Hillinap g Schmieg, LLP By: _ ? Lawren . 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 auren R. Tabas, Esq., Id. No. 93337 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: 10-16-09 PHS #: 216211 FILED-0, yCIF OF THE ,'- F,WY 2C69 OCT 20 Aar 9: 52 Sheriffs Office of Cumberland County R Thomas Kline FILM-OF1CE THt pp,61-?flN?t'AM Sheriff ?tntr of kuar,?fr?t Ronny R Anderson 116 2409 OCT 26 Ali g. 15 Chief Deputy - Jody S Smith CLW Civil Process Sergeant Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Michael L. Zeigler Case Number 2009-6448 SHERIFF'S RETURN OF SERVICE 10/21/2009 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: Michael L. Ziegler, 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 Michael L. Ziegler. Request for service at 99 W. Portland Street Apt. 11 W Mechanicsburg, PA 17055 is currently occupied by Adam Trump. 10/21/2009 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: Jillian M. Ziegler, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jillian M. Ziegler. Request for service at 99 W. Portland Street Apt. 11 W Mechanicsburg, PA 17055 is currently occupied by Adam Trump. 10/21/2009 10:18 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1014 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael L. Zeigler, by making known unto Michael L. Zeigler personally, at 1072 Lancaster Blvd., Apt. 14, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents anc at the same time handing to him personally the said true and correct copy of the same. 10/21/2009 10:18 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1014 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jillian M. Zeigler, by making known unto Michael L. Zeigler adult in charge at 1072 Lancaster Blvd., Apt. 14, 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: $95.00 SO ANSWERS, October 22, 2009 R THOMAS KLINE, SHERIFF De u y Sheriff ', . 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 MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER CUMBERLAND County Defendants No. 09-6448-CIVIL-TERM 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 Defendants shall be and is hereby made absolute; and Plaintiff s 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 $92,775.61 Interest Through June 2, 2010 $5,450.87 Per Diem $12.89 Late Charges $121.24 Legal fees $1,950.00 Cost of Suit and Title $2,006.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $3,148.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $302.08 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,338.03 TOTAL $107,092.33 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. / '~ ~~ ~" ~~ ~f11t ES /nom. ~ ~, BY THE C ~ T ,~ r ._ ~ f ~ , z~,~ lam. } ~ ~ .' ~` r= J ~ ~ 216211 L T~. -~ ~ ~ ~.- +t ~ G _ CV V ~ l SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~su of ~1ttr,brr{,~7 d ~~ i~ 4t~. .~` ~F=~c~ ~F rkF ~~4F~~r r,~ i/, i - f T?t''~ ~.a14 .ii`. i`i ! . J a `1 ~ L ~+ t Ate 10 :5! CuPV - - ,~~,: Wells Fargo Bank, NA Case Number vs. Michael L. Zeigler (et al.) 2009-6448 SHERIFF'S RETURN OF SERVICE 04/09/2010 07:37 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1935 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: Michael L. Zeigler, by making known unto, Michael L. Zeigler, personally, at 1072 Lancaster Blvd. Apt. 14, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/22/2010 03:51 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/22/10 at 1548 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 Michael L. and Jilian M. Zeigler, located at, 713 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. 04/27/2010 04:34 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 04/27/10 at 1634 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jillian M. Zeigler, by making known unto, Jillian M Zeigler, personally, at, 122 East Green Street, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 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 Wells Fargo Bank, N.A., 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 821.68 SHERIFF COST: $821.68 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~-~ 7 70 ~/ ~~ ~ ~Sa~ ~ ,oi CounrySulte Sherd{, TeleosoTf. Inc_ WELLS FARGO BANK, N.A: COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. N0.09-6448-CIVIL-TERM MICHA~ L. ZEIGLER JILLI~"iN M. ZEIGLER 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 713 HUMMEL AVENUE, LEMOYNE, PA 17043-1832. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. 4. MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1072 LANCASTER BLVD, APT 14 MECHANICSBURG, PA 17055-4470 1072 LANCASTER BLVD, APT 14 MECHANICSBURG, PA 17055-4470 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34th Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for GMAC Mortgage P.O. Box 2026 Corporation, d/b/a, ditech.com Flint, MI 48501-2026 GMAC Mortgage Corporation, d/b/a, ditech.com 3200 Park Center Drive; Suite 150 Costa Mesa, CA 92626 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT a- Domestic Relations of Cumberland County 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 713 HUMMEL AVENUE LEMOYNE, PA 17043-1832 13 North Hanover Street Carlisle, PA 17013 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 Commonwealth of Pennsylvania Bureau of Individual Taz Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Mers as a nominee for GMAC Mortgage, LLC. GMAC Mortgage, LLC. 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. Box 2026 Flint, MI 48501-2026 3451 Hammond Avenue Waterloo, IA 50702 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 8, 2010 By. `~ Atto y for aintiff Phela Hallman & Schmie LLP ^ La ,rence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. 5chmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69$49 ^ Judith T. Romano, Esq., Id. No. 58745 ^ eetal 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 t 4- WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.09-6448-CIVIL-TERM MICHAEL L. ZEIGLER CUMBERLAND COUNTY JILLIAN M. ZEIGLER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER JILLIAN M. ZEIGLER 1072 LANCASTER BLVD, APT 14 1072 LANCASTER BLVD, APT 14 MECHANICSBURG, PA 17055-4470 MECHANICSBURG, PA 17055-4470 **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 DISCHARGE IN BANKRUPTCY, 'I'RIS IS NUT AND SHUULll NUT BE CONSTRUED TUBE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCF.MF,NT OF A LTFN AGATNSTPROPERTY.** .. ~'''~;, Your house (real :estate) at 713 RUNNEL AVENUE, LEMOYNE, PA 17043-1832 is schedul. to be f's sgld at the Sheriff s Sale 'on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South ~ anover Street, Carlisle, PA 17013 to enforce the court judgment of $98,879.86 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 NLAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: ~~ T , ~~~~ 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cp~tS aid, ~ reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x>i230:x 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.) ES TAKE PLACE HAVE OTHER RI I . `If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder price bid by calling 215-563-7000. R.~, ~'Y4';. You may find out the p ~' ~ . 2: 'You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compated 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. "'~r 4 Tf the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the propert~'~as if the sale never happened. S. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff -gives a deed to the buyer: At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance P~i`i with this schedule unless"exceptions (reasons why the proposed distribution is wrong} are filed v~nth the Sheri~'f 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. t' 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 N0.09-6448-CIVIL-TERM WELLS FARGO BANK, N.A. vs. MICHAEL L. ZEIGLER JILLIAN M. ZEIGLER owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 713 HUMMEL AVENUE, LEMOYNE, PA 17043-1832 Parcel No. 12-22-0824-116 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $98,879.86 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the western one-half of that certain lot or piece of land situate in the Borough of Lemoyne, formerly Lower Allen Township, Cumberland County, Pennsylvania, with the improvements thereon erected, more particulazly designated and described as follows: BEGINNING at a point on the northern side of Hummel Avenue, which point is ninety-two (92) feet six (6) inches distant in a westerly direction from the northwest corner of said Hummel Avenue and Lorne Street, said point being the center of Lot No. 69 of Section 'E' in a Plan of Lots known as Plan No. 1 of Riverton, Pa., said plan being recorded in the Recorder's Office of Cumberland County at Cazlisle, Pa., in Deed Book'J', Vol. 4, Page 40; thence in a northerly direction by a line pazallel with said Lorne Street and through the center of a frame partition wall of a double house and beyond, one hundred and fifty (150) feet to Apple Alley; thence in a westerly direction along the southern side of said Apple Alley seventeen (17) feet six (6) inches, more or less, to the line of lot number seventy (70) according to the aforesaid plan; thence in a southerly direction along the line of said last mentioned lot one hundred and fifty (150) feet to Hummel Avenue; thence in an easterly direction along the northern side line of said Hummel Avenue seventeen (17) feet six (6) inches, more or less, to the place of BEGINNING. IT BEING the western one-half of Lot No. 69 according to the aforesaid plan, and having erected thereon the western side of a three story frame dwelling house. HAVING THEREON ERECTED a dwelling commonly known as 713 Hummel Avenue, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michael L. Zeigler and Jillian M. Zeigler, h/w, by Deed from Clayton R. Wynn, Jr., Executor of the Estate of Anne M. Wynn, dated 03/10/2005, recorded 03/11/2005 in Book 267, Page 4426. PREMISES BEING: 713 HiJNIlVIEL AVENUE, LEMOYNE, PA 17043-1832 PARCEL NO. 12-22-0824-116 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6448 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 MICHAEL L. ZEIGLER and JILLIAN M. ZEIGLER (1) You are directed to lery 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 $98,879.86 L.L.$.50 Interest from 12/3/09 to Date of Sale ($16.48 per diem) -- $2,999.36 Atty's Comm % Due Prothy $2.00 Atty Paid $292.40 Other Costs Plaintiff Paid Date: 3/9/10 David D. Buell, rothonotary (Seal) By; Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 ., On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 713 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: (~~ Real Estate Coordinator hS ~ ~ z ~ ~l ~~~ u':`~e _. ~~~~~~ -' 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. wit xo. zoo9-P44t; ciou Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPTS vs. Michael L. Zeigler Jillian M. Zeigler Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-6448-CIVIL-TERM, WELLS FARGO BANK, N.A. vs. MICHAEL L. ZEIGLER, JILLIAN M. ZEIGLER, owners of property situate in the BOROUGH OF LEMOYNE, Cumber- land County, Pennsylvania, being 713 HUMMEL AVENUE, LEMOYNE, PA 17043-1832. Parcel No. 12-22-0824-116. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $98,879- .86. -~- isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 . ~ . / Notary L SE DEBORAH A COLLINS Notary Publk CARLISLE BOROIiGH, CUMBERIANO COUNTY tiAy Commisato~ Exptna Apr 28, 201 .. J'~`; ~ k ~~ ~ a - dl ra' tc 3' % ra ~ n t ~. ~;. v tat '•<` tYtJys i; 3 ~h lF;..,...w.w.., o ... ~ ..... ....... ....arw .. ~ ~...:..y.,. r . .. .... The Patriot-News Co. ~` ~ ~~20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~1e~ahiot 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 duty 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. ~{ ~~ ~~ir~~.~ 9wiis ~, M.~ Aay: o.n~ s~n~ Ey vt- w~c ~ ~n ~o> n~aas 11 WEtLS;FilYtGO BAN$, N.A. vs. MIQIAEL L. 7W.IAN NL'2 . arna~(s)ocpoiapaty,e~ro~i~$e~ORC)U~~F . ~ ' Y.mie 713 Fti1~lA"~1. AVENUE, LBMOYNE,.,PA 1~t~-r~3~ Peel Na; ti-22i1~q..~16 ~, fAcxe~ge a meet ) 1 :~ '~. DWBLIING 3Up01w~EIi't "ice': 548;879.tt6 This ad ran on the date(s) shown below: 04/16/10 04/23/10 -~ ~~ ~ ~ 1 04/30/10 ............~ ... ,E ~-....~ .....`.~.... . Sworn to and ~Ss,Eribed before me 1~~of May, 2010 A.D. c Notary Public coMMOr~w_ e~~ aR ~va~ra Notarial Swl Shertle L gsrrer, Notary Publk sower PaxbOn Twp., Dauphin County My Commission t°.xpkes Nov. 26, 2011 Member, Penns~Manta p~ssociatlon 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 WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 9TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, c~~~g ~~ 2009 Number., at the suit of WELLS FARGO BANK N A against MICHAEL L ZEIGLER & JILLIAN M is duly recorded as Instrument Number 201018386. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this $ day of ~~, A.D. e~.U /0 Recorder of Deems, f~nbedend county Cer~sle, PA My Cornrnission Fires the Frst Monday of Jan. 2014